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Home My WebLink About910532.tiff © CO) ! ! | � | |/ / : | 1 \ ej } ) \ ! �|\ i ; .! \ . ! 5 | K \ , : / , | } | [!! ( / E � )§ • w , E . � ° \| | ;l!. |� m | g / ` §\ ' ° Ils $ ili a|/ ! b! ; / a| r• ( - i 5� ,N 0_54 \il z e[ I ` ! ! ! . , c / /} j . { -.Z -P 3 .I ` /{ \ ` ] � . gL \2..J ' \ Z . §{ ) \j # ` \ cu & ! 5 , 2 j a- J _ § z / Er, / - » � m i » c. E , d \ )§ c.) � . — ,,,_. ,�� 1 , { 1 2 a =� \ _ Z ; ] - / , {\ \ ) ��{/ 7 . \ ,,/ Z //% ' I 5i -_�/ - y ` �I \ 0, :z-®. e ..{ � & , t j , / ! ) / . ). \ / \ ) \ |; } : _ g -i � _ . @z 8 9 \ i ; lye '''l Ri ni /,- { . ' '- / :j ! ! u. rf \ � - . j§ ! ; > \ - ' , % ! • ; Y1 ! a \ \ \ ! \\\ / « \ i'''1;: i. j ) /\ y § ! { ! Q d . - RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A GREYHOUND KENNEL (MAXIMUM 50 DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - PHYLLIS HOFF 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 19th day of June, 1991, at the hour of 10:00 a.m. , in the Chambers of the Board for the purpose of hearing the application of Phyllis Hoff, 1711 Fairacres Drive, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for a greyhound kennel (maximum 50 dogs) in the A (Agricultural) Zone District on the following described real estate, to-wit: The NEt, Section 33, Township 11 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan's Agricultural goals and policies. The Special Review Permit area is located on nonproductive agricultural land that is not currently in production and has not been in production since 1972. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use will be compatible with existing surrounding land uses which include dryland pasture and rural residences. The proposed use of the property will be compatible with the PL0839 910532 Page 2 RE: USR - HOFF future development of the surrounding area as permitted by the Agricultural Zone District. The nearest residence to the proposed Special Review area is 1.5 miles. d. No overlay districts affect the site. e. Special Review Permit 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 greyhound kennel (maximum 50 dogs) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D. , 1991. ifidBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUN ORADO Weld County Clerk to the Board _ Gord ac , Orman By: ifit.)datkei Deputy Cl rk to the Board Geor a Kenne y, Pro-Tem APPROVED AS T FORM: �:9��,,��fr onstance L. Harbe t County Attorne C. W. Kirby {/� /I,242, � W. H. Websterb2 u7 910532 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PHYLLIS HOFF USR-940 1. The Site Specific Development Plan and Special Review Permit is for a greyhound kennel with a maximum of 50 dogs in the A (Agricultural) Zone District 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 C.R.S. , as amended. 3. The Use by Special Review Permit shall not be transferable to any successor in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 4. The Special Review Permit shall be valid as long as the applicant is a licensed kennel operator with the Colorado Racing Commission. On or before December 31, of the third year from the year that the applicants current license was issued, the applicant shall submit evidence to the Department of Planning Services that a new license has been obtained. This procedure shall be followed every three years thereafter. 5. The applicant shall comply with all Colorado State Racing Commission requirements for construction and operation of a greyhound kennel. 6. 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 condition which facilitates excessive odors, flies 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. The above conditions shall apply to the handling of dead animals. 7. 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 a manner which protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Wood shavings, sawdust and waste materials shall be handled, stored, and disposed of in a manner which controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be confined on this site. 910532 Page 2 RE: DEVELOPMENT STANDARDS - HOFF 11. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) , as measured according to 25-12-102, CRS. 12. At no time shall the residence be used for food storage or equipment washing for the greyhound kennel. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operations Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department, the Colorado Racing Commission, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 910532 HEARING CERTIFICATION DOCKET N0. 91-32 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A GREYHOUND KENNEL (MAXIMUM 50 DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - PHYLLIS HOFF A public hearing was conducted on June 19, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Brian Grubb The following business was transacted: I hereby certify that pursuant to a notice dated May 13, 1991, and duly published May 30, 1991, in The New News, a public hearing was conducted to consider the request of Phyllis Hoff for a Site Specific Development Plan and Special Review Permit for a greyhound kennel (maximum 50 dogs) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Brian Grubb, Planning Department representative, recommended the Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Chairman Lacy asked if the Planning Commission had discussed the issue of reducing the maximum number of dogs from 150, which was the original request, to 50 dogs. Mr. Grubb answered in the affirmative, and said this was based on letters received from the Division of Water Resources. There was also discussion clarifying the fact that the pups must be over six months of age to be considered dogs. The applicant, Phyllis Hoff, was present and answered questions of the Board. Ms. Hoff said there is a domestic well, which is recorded with the State. There was no public testimony concerning said matter. In response to a question from Commissioner Harbert, Ms. Hoff said the reason for the reduction in the number of dogs was because there was some discrepancy concerning a commercial and a domestic well. Commissioner Harbert moved to approve the request of Phyllis Hoff for a Site Specific Development Plan and Special Review Permit for a greyhound kennel (maximum 50 dogs) in the A (Agricultural) Zone District, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Webster and carried unanimously. This Certification was approved on the 24th day of June, 1991. nAPPROVED: ATTEST: ,LeMag BOARD OF COUNTY COMMISSIONERS WELD CO TY . OLORADO Weld /C/ounty Clerk to�tt e_�B,\oard �� By: l c diJ Gor. .= . L• airman Deputy Cl rk to the Board / Geo ge Kenne y, Pro-TemTem TAPE {{91-15 Constance L. Har e DOCKET {{91-32 LeA PL0839 V 0 W. H. Webster 910532 ATTENDANCE RECORD IA HEARINGS ARE AS FOLLOWS ON THIS 7 — DAY OF �,(� K� , 1994; DOCKET A /I-3.4 - US,C, 'Ooh, PAA1Q4o // // DOCKET 9/-a9 - dOZ) Egaixa,t, i<076k, Ike,, ak ` ehAtq DOCKET DOCKET till- of — oYLK�e 1 1n�nb Aent t ,:i / o O r `I�rCliO�ae� et , 8,5- DOCKET I PLEASE write or print your name legibly, your address and the DOC A (as listed above or the name of the applicant of the hearing you are attending. . NA, ADDRESS HEARING ATTENDING f j � r� l71/ T=a �e,4� ensDt c, �fP cf /-�z- u52 reitt ,_,_, 91- 2 _ v RA)/ /41/K lif'ou r dJ/.0 e: a), e-c�y,�: 9/-21 • nap 2 91_0N9 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on June 19, 1991, conditionally approved a Site Specific Development Plan and 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: Phyllis Hoff 1711 Fairacres Drive Greeley, Colorado 80631 LEGAL DESCRIPTION: NE; of Section 33, Township 11 North, Range 63 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Greyhound kennel (maximum 50 dogs) in the A (Agricultural) Zone District SIZE OF PARCEL: 160 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: DONALD D. WARDEN CLERK TO THE BOARD BY: JLV�� 1 On i Deputy C rk to t e Board PUBLISHED: June 27, 1991, in The New News 9101759 STATE OF COLORADO ) . )s.s. COUNTY OF WELD ) David S. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been eontinously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to mmucNome the first publication of the annexed The Board deid c�1av, notice; that said newspaper is a ccapeasi�m e to,a layb ColoraTi newspaper 'within the meaning of the conditionally eten athe act of the General Assembly of the �i �° poring etdreecd State of Colorado,, entitled "An Act °"d epp�'e� a to regulate the is• " Meatus talo nr q printing of legal W trIka as asameaded, notices and advertisements, " and �to 1711 amendments thereto; that the notice F;mao� x �'`y' of which the annexed is a printed LEGAL 03'�s TowaSoN`11Na copy taken from said newspaper, was °1p{rea�mog6ttivy�o'iredo eth P.M we1a Cou cEN G yligslaOF published in said newspaper, and in ,�D use: the regular and entire issue of �em,Ae1° I�ataa n1M�, every number thereof , mere� ��.Tv the terms and caaiu of alerovvl m ptopatY once a week for \ at edare de ' successive weeks; that said notice right �ccooN ssimm OF anxmoNp was so published in said newspaper ey°mN�'�s�o� proper and not in any supplement , c tym thereof , and that the first: lone publication of said notice as The New Newa. aforesaid, was on the LI day of �s?m -, 19 I1 ( and the last on the a1 day Tent;17.1Th v Subscribed and sworn to before me this ,fa- day of 4 , 19�. 910532 L^/1,,, /rn / )'14µ it � N%Gcu[.Le 91104 s., My Commission expires hAarch 1°:- i C92 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. DOCKET NO: 91-32 APPLICANT Phyllis Hoff 1711 Fairacres Drive Greeley, CO 80631 DATE: June 19, 1991 TIME: 10:00 a.m. REQUEST: Site Specific Development Plan and Special Review Permit for a greyhound kennel (maximum 150 dogs) in the A (Agricultural) Zone District LEGAL DESCRIPTION: The NE/4 of Section 33, Township 11 North, Range 63 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 12 miles west of the Town of Grover on Weld County Road 124 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Cathy Flot, Deputy Deputy Clerk to the Board DATED: May 13, 1991 01.0Q. 31'8 PUBLISHED: May 30, 1991 in The New News 910469 h b, b • STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn , says that he is publisher of NOTICE The New News, a weekly newspaper State ew aet� �laws w de a public published in Keenesburg in said County countyz m the and State; that said newspaper has a hChamben earingof the Board In m;�i general circulation in said Count rolm`ontweiaMneere of Weld Y Colorado Weld I L1s tom Sweet, tNm�aat and has been eontinously and Fl� orgl�e'y,An' wsina1C,y. uninterruptedly published therein, tleleman rinterestea m the MO la er during a period of at least Specific Development PonI are fifty—two consecutive weeks prior to Wilted to attend and ma be the first publication of the annexed heard. d we ap➢Boeat or agl notice; that said newspaper isa au m nc rtY proceedings newspaper within the meaning of the act of the General Assembly of the hears w�� oais ,d State of Colorado entitled "An Act Office be advised innvwt. sY a• of such action at least to regulate the printing of legal eenngagiionga�eau r be notices and advertisements, " and borne b7,nr esio 'that the amendments thereto; that the notice W�dTTnnomaps sO certified of which the annexed is a printed � e or�$y copy taken from said newspaper. was Weldc Commissioners, werlir ce°ur' KS 10th Street, Third Floor. published in said newspaper, and in cre t! N3 .% the regular and entire issue of ,e ucAN1��Mills y17-1•.10 every number thereof , uAmeyy yysy � 1_�0.00 a.m. Site once a week for I pDee pmeut Pip and ila Review Permit for a Bret successive weeks; that said notice ��(A�e¢lrllcpul1eta,altm�,�u)m ct In me was so published in said newspaper tat DESCI�B To„on e proper and not in any supplement 15 lo�e a 447 a sth thereof , and that the first LOblCi TIP. WON b'ro:ime u publication of said notice as wiles west of theme o COUNTY of Grover en Weld Camel Wbgn.$55I UNTS aforesaid , was on the WELD COUNTY,COIABADt1 BY: DONALD D.wABCLERK eiti WELD COUNTY thy _ day of m �\ , 19 c1 , la Yty��roo~c Board and the last on the -) ahe 3 v day of y"s, yw1 s ew m 1 4 Subscribed and sworn to afore me this !e_ day of „44.4-t-- e 19 9/ '.n 4 My Commission expires M Iron • ' 510/M31 Marian Hallock Kenyon K. Ayars Paul and Louanne Timm Norman Ayars Phyllis Hoff Star Route 1 Route 1, Road 67 1711 , COe8 Drive Grover, CO 80729 Grover, CO 80729 Greeleeyy, CO 80631 Ayars Farms, Inc. 2769 East Road 10 North Center, CO 81125 Abate,' eine rrl,thi / - Pa,c2x2) e-t- �� 7/61 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Page 3 CASE NUMBER: USR-940 APPLICATION: Phyllis Hoff REQUEST: A Site Specific Development Plan and Special Review permit for a dog kennel in the A (Agricultural) Zone district. LEGAL DESCRIPTION: The NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 12 miles west of Grover on Weld County Road 124, Phyllis Hoff, applicant explained this request was being reduced from 150 dogs as stated in the application to a maximum of 50 dogs . Ann Garrison wanted to know if this would be a breeding facility. Phyllis Hoff said this would be a raising and training operation. The Chairman asked if there was anyone in the audience who would like to speak for or against the application. No one wished to speak. Richard Kimmel moved that Case Number USR-940 for a dog kennel in the agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval. Shirley Camenisch seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Jean Hoffman - yes; Judy Yamaguchi - yes; Bud Clemons - yes; LeAnn Reid - yes; Jerry Kiefer - yes. Motion carried unanimously. Meeting adjourned at 1:55 p.m. Respectfull submit d, 41k' ` Sharyn F. Ruff Secretary 9J4 y-L g�-?'3ffpp� 7 h,b �+� _ MELD OCITY r' ate.•i�,, o. ET! riY -9 LI 9= 15 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMITTSUusinN,, uLEH RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNT�((�COMMi UllbitIRS Moved by LeAnn Reid 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-940 NAME: Phyllis Hoff ADDRESS: 1711 Fairacres Drive Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a greyhound kennel (maximum 150 dogs) in the Agricultural zone district. LEGAL DESCRIPTION: The NE4 of Section 33 , T11N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 12 miles west of the Town of Grover on Weld County Road 124. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan' s Agricultural goals and policies . The Special Review permit area is located on nonproductive agricultural land that is not currently in production and has not been in production since 1972. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The proposed use will be compatible with existing surrounding land uses which include dryland pasture and rural residences. The proposed use of the property will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. The nearest residence to the proposed special review area is 1.5 miles. No overlay districts affect the site. t, ..-hr... e), 5.11.1 g;cn RESOLUTION, PHYLLIS HOFF USR-940 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 which have reviewed this request. 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. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Shirley Camenisch seconded the motion. VOTE: For Passage Against Passage Jerry Kiefer LeAnn Reid Shirley Camenisch Ann Garrison Judy Yamaguchi Bud Clemons Jean Hoffman Richard Kimmel Don Feldhaus 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, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on May 7, 1991. A r ��11 P^ Date--d the 7 Mayes 1991 `� y.i g,,,,,, Sharyn F. Ruff Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Phyllis Hoff USR-940 1. The Site Specific Development Plan and Special Review permit is for a greyhound kennel with a maximum of 50 dogs in the A (Agricultural) zone district 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 . The Use by Special Review permit shall not be transferable to any successor in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 4. The Special Review permit shall be valid as long as the applicant is a licensed kennel operator with the Colorado Racing Commission. On or before December 31, of the third year from the year that the applicants current license was issued, the applicant shall submit evidence to the Department of Planning Services that a new license has been obtained. This procedure shall be followed every three years thereafter. 5. The applicant shall comply with all Colorado State Racing Commission requirements for construction and operation of a greyhound kennel. 6. The applicant shall remove, handle, and stockpile manure for the kennel area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition which facilitates excessive odors, flies 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. The above conditions shall apply to the handling of dead animals. 7 . 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 a manner which protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Wood shavings, sawdust and waste materials shall be handled, stored, and disposed of in a manner which controls fugitive dust, blowing debris , and other potential nuisance conditions. 10. Fugitive dust shall be confined on this site. C.4 r r. e› DEVELOPMENT STANDARDS - USR-940 Phyllis Hoff Page 2 11. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 12. At no time shall the residence be used for food storage or equipment washing for the greyhound kennel. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operations Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department, the Colorado Racing Commission, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 17 . The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 91.053,2i 01.0 45,9 5,9 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Judy Yamaguchi 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-940 NAME: Phyllis Hoff ADDRESS: 1711 Fairacres Drive Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a greyhound kennel (maximum 150 dogs) in the Agricultural zone district. LEGAL DESCRIPTION: The NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 12 miles west of the Town of Grover on Weld County Road 124. be continued, based on the recommendation of the Department of Planning Services' staff to May 7, 1991, at 1:30 p.m. , to allow time for the applicant to address the concerns of the State of Colorado Division of Water Resources and the Colorado Racing Commission. Don Feldhaus seconded the motion. VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Shirley Camenisch Jean Hoffman Don Feldhaus Judy Yamaguchi Bud Clemons Jerry Kiefer 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, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 16, 1991. 4, o Amp a is IDatd the 17th o A ril, 1991. ` ' �<7 Jilt" .allf -a S�aryn Ruff � Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Phyllis Hoff Case Number: USR-940 Submitted or Prepared Prior to Hearing At Hearing 1. Application 15 Pages X 2. Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner' s Mailing List X 7. 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. Field Check; March 18, 1991; Weld County Planning X Commission; R.E. Kimmel. 12. Referral response; March 21, 1991; Pawnee Fire X Protection District; Sherry Burnett. 13. Referral response; March 22, 1991; Environmental X Protection Services; Wes Potter. 14. Referral response; March 14, 1991; West Greeley X Soil Conservation; Dean Severin. 15. Referral response; April 28, 1991; Weld County X Engineering; Drew Scheltinga. 16. Referral response; April 2, 1991; Colorado Racing X Commission; Eddie Haefeli. 17. Referral response; Division of Water Resources X Jim McDanold. 18 . Letter dated April 29, 1991; Phyllis Hoff to X e-� Division of Water Resources. 01,04.51 2P �SLf 61 r ' INVENTORY OF ITMES SUBMITTED FOR CONSIDERATION Page 2 Submitted or Prepared Prior to Hearing At Hearing 19. Letter dated May 1, 1991; Division of Water X Resources; Hal Simpson. 20. Referral response; March 25, 1991; Humane Society X of Weld County. 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 May 9, 1991. Current Planner STATE OF COLORADO ) COUNTY OF WELDVA ) /y SUBSCRIBED AND SWORN TO BEFORE ME THIS % day of 1901 . t r �.1 11Anit3.. ' :Pc ul i A Pi ." 1 t LI Y ' I MY,,Qonthi s s ion Expires MYcommissiOn eyrires e.tobt, 15, .1?39�1.ARY o i F� Ty � � ( n . EXHIBIT INVENTORY /CONTROL SHEE Case/ f 7�1 ' KFd� Exhibit Submitted By- Exhibit Description 1 B. a - 51i° c• Az/titt4 eSq77/1/1-. d n2/71L1/1y, g dattit 4 to D. ale/11°2_2o �. J5 AD l L4�ta._ G2 Clik (a/5 E• S gak u) ��u . /X aka it on � `I � Cirri�in>»�� t aa�rr� �9//i F. G. H. I. J. K. L. M. N. O. P. Q• R. S. T. U. V. W. X. Ir 12.: I Y. Date: May 7, 1991 CASE NUMBER: USR-940 NAME: Phyllis Hoff ADDRESS: 1711 Fairacres Drive Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a greyhound kennel (maximum 150 dogs) in the Agricultural zone district. LEGAL DESCRIPTION: The NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 12 miles west of the Town of Grover on Weld County Road 124. 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 proposal is consistent with the Weld County Comprehensive Plan's Agricultural goals and policies. The Special Review permit area is located on nonproductive agricultural land that is not currently in production and has not been in production since 1972. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The proposed use will be compatible with existing surrounding land uses which include dryland pasture and rural residences. The proposed use of the property will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. The nearest residence to the proposed special review area is 1. 5 miles. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. Arl n RrA RECOMMENDATION, USR-940 Phyllis Hoff Page 2 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 which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 91 ey - r �r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Phyllis Hoff USR-940 1. The Site Specific Development Plan and Special Review permit is for a greyhound kennel with a maximum of 50 dogs in the A (Agricultural) zone district 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. The Use by Special Review permit shall not be transferable to any successor in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 4. The Special Review permit shall be valid as long as the applicant is a licensed kennel operator with the Colorado Racing Commission. On or before December 31, of the third year from the year that the applicants current license was issued, the applicant shall submit evidence to the Department of Planning Services that a new license has been obtained. This procedure shall be followed every three years thereafter. 5. The applicant shall comply with all Colorado State Racing Commission requirements for construction and operation of a greyhound kennel. 6. The applicant shall remove, handle, and stockpile manure for the kennel area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition which facilitates excessive odors, flies 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. The above conditions shall apply to the handling of dead animals. 7. 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 a manner which protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Wood shavings, sawdust and waste materials shall be handled, stored, and disposed of in a manner which controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be confined on this site. P pA 1 910/7 n ra ADDITIONAL COMMENTS USR-940 PHYLLIS HOFF The Weld County Humane Society has expressed concerns about several issues ranging from the Humane Society's position regarding dog racing to the humane care of the animals. The Department of Planning Services' staff has made an effort to address each one of these issues except the Humane Society' s statement of policy as it pertains to dog racing. This type of use is allowed by the Weld County Zoning Ordinance as a Use by Special Review. Many of the issues mentioned by the Humane Society are regulated by the Colorado Racing Commission. The attached development standards require the applicant to maintain a license with the Colorado Racing Commission. If the applicant' s license expires, so does the Special Review permit. This condition will insure that inspections will be made by the Racing Commission on a regular basis. The Racing Commission's regulations address the operation and maintenance of the kennel and the care of the dogs. A copy of these regulations is attached with the pertinent sections highlighted. The Department of Planning Services also received a letter from Eddie Haefeli of the Colorado Racing Commission on April 5, 1991. This letter is the basis for the staff's recommendation to limit the total number of dogs to 50. On April 29, 1991, the applicant submitted a letter to the State of Colorado Division of Water Resources. This letter was to request that the State reconsider their position on the conditions of the well permit. The State did reconsider and recommended approval based on the fact that the historic uses of the well are greater than the proposed use, the applicant is willing to limit the use to 50 dogs, all of which are personally owned by the applicant, and the applicant is willing to reuse leftover drinking water. fat' ' pry 91 gs a�3 DEVELOPMENT STANDARDS - USR-940 Phyllis Hoff Page 2 11. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 12. At no time shall the residence be used for food storage or equipment washing for the greyhound kennel. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operations Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department, the Colorado Racing Commission, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 17 . The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. CA1 (Iry."lt➢ 4./. -`Lr X1)-0w/1 el- „vT� HUMANE SOCIETY OF WELD COUNTY P.O. Box 398—Greeley, Colorado 80632 23700 Highway 263 (303) 356-3550 March 25, 1991 Mr . Brian A. Grubb Department of Planning and Services Weld County Centennial Center 915 Tenth Street, Room 342 Greeley, Colorado 80631 Mr . Grubb: This letter is in response to the application of Phyllis Hoff for a greyhound kennel permit . Your Humane Society of Weld County supports the 1989 Policy Statement of the American Humane Association with regard to dog racing. That policy (see attached ) clearly opposes such industry as "cruelty is an unavoidable by-product of dog racing" . In addition, American Humane "opposes the mass breeding of puppies for profit" . Along with racing, such mass breeding reinforces the public ' s perception of the appropriateness of using companion animals for economic gain and lends to the ongoing devaluation of companion animals . Ultimately, dog racing serves to maintain the costly cycle of public irresponsibility leading to the ongoing need for services provided by Your Humane Society. For these reasons we find the addition of such an industry to be unnecessary and counterproductive to the future progress of Weld County with regard to responsible animal care and companionship. If such a facility is approved, however, the application materials provided fail to address a number of significant issues that must be considered prior to approval, particularly with regard to local and state health regulations governing kennels, for example : 1. Submission of detailed plans and specifications detailing licensing compliance with physical plant regulations on ventilation, plumbing, and floor, wall and ceiling finishing, including : a) Food storage and equipment: washing physically separated from housing; b) Availability of animal attendant washrooms and sinks; c) Indoor heating, electrical, ventilation, lighting and drainage requirements; d ) Animal enclosure standards for drainage, prevention of injury, space requirements, shelter from the elements, access A Non-Profit Organization Dedicated to the Prevention of Cruelty to Animals to clean food and potable water, and adequately ventilated separate quarantine facilities for the treatment and minimization of communicable disease . 2 . Sanitation issues are not adequately addressed in the enclosed application materials, for example : a ) In addition to daily "scooping", disinfection of each animal 's run is necessary to adequately control disease . This requires removing the animal from its enclosure prior to disinfection with precautions taken to avoid cross contamination; b) Equipment cleaning, including sanitization of food and water containers through the use of heat or chemical means; c ) Regular replacement of sand or gravel in runs to minimize disease, vermin and insect infestation; d) Food and bedding storage to prevent vermin and insect infestation. 3 . Vaccination and disease prevention, and management of injured and ill animals require further elucidation . 4 . Staffing for a kennel of 150 dogs is clearly inadequate with regard to the daily requirements for sanitization, disease control, feed and watering, animal injury and illness, and kennel upkeep and repair in addition to and apart from the training function of staff . 5. Neither the source nor disposition of animals is addressed. Of specific concern are interstate importation regulations on the one hand, and disposition of dogs no longer able to run on the other . A nonprofit organization, Greyhounds As Pets, already exists because the disposition of retired greyhounds to quality homes is itself problematic. In addition, how are sick and injured animals to be euthanized and then disposed? 6 . Finally, staff training and expertise in approved and humane training methods requires clarification, particularly with regard to the issue of live lures . The above represents the initial and primary concerns of Your Humane Society staff . We appreciate your consideration of our input . If we can be of any further assistance to your office, please feel free to contact me at 356-3550 . Sincerely and Respec lly, 77191/3 ";-- ;:7% Malcolm F. Day on Executive Director O V 0 0 Dog Racing Dog racing continues to grow in popularity in the United States, where its proponents seek legislation to establish dog racing in states that do not allow it, and open new tracks in states that do. �. Cruelty is an unavoidable by-product of dog racing.Even though it , has been banned by the National Greyhound Association,training _r of greyhounds with live rabbits or other animals is still practiced. The dogs are allowed to chase,terrorize, and rip apart the animal lures. If a rabbit succeeds in avoiding capture and death in one chase, it is used again until it is finally caught and killed. The dogs themselves suffer from a planned breeding, testing, and rejection program that creates an unwanted overpopulation of racing dogs that do not "make the grade" on the track. This deliberate breeding adds to an already uncontrollable and tragic - overpopulation problem with the general pet population. Despite some efforts to find homes for unwanted racing dogs,the majority , are destroyed by their owners or taken to animal shelters to be euthanized. t 3 Further, forcing dogs to race up to 60 or 70 times a year in "hard track" conditions, has resulted in an epidemic of crippling leg injuries. In 1985, up to two thirds of advertised stud dogs were retired due to injury. American Humane is opposed to dog racing and the use of live lure training that often accompanies it. American Humane opposes any legislation that would legalize dog racing in areas where it is illegal,and advocates legislative change to ban dog racing where it currently exists. t- x r'L1,:t . Jr; , k u Policy Statement of The American Humane Association d = Re•.1989 1O1 "IA'C ... r. «u . STATE OF COLORADO COLORADO RACING COMMISSION 1560 Broadway,Suite 1540 oV cot\o Department of Regulatory Agencies Denver,Colorado 80202 A�'=- (303)894-2990 yeotra ' Hector Rene Ramirez Director March 28, 1991 t * 7876 E t �. .� t1 �C-� '., lv1) 9y Romer vernor i thven V. Berson Mr. Brian Grubb 9 1,.1)rIR 2 9 1991 �ecutive Director Current Planner J 915-10th Street --- - Greeley, Colorado 80631 WeMdto 4larfasliiv,altlsatef Dear Mr. Grubb: In reference to your letter dated March 6, 1991 concerning the application of Phyllis E. Hoff for a site specific development, I have reviewed the application and will furnish you with the following information and, also, enclose copies of documents which may be of value to you concerning this matter. I have taken the opportunity to highlight certain rules in our rule book entitled Rules Governing Greyhound Racing which pertain to the authority of the Colorado Racing Commission to regulate such a proposed operation. On page 1 of the application, information provided indicates that the facility will be used for training of racing greyhounds. The application also indicates that racing greyhounds will be housed on the premises. These factors require the involvement of the Colorado Racing Commission. The applicant states in the application that her goal is to obtain a booking at several of the licensed racetracks in Colorado. I also noted that the applicant states that she intends to keep 150 greyhounds on the site in question and that only two persons to care for all of the greyhounds. In order to ascertain whether this was an acceptable situation, I contacted the Colorado Racing Commission' s greyhound veterinarian for his opinion. I also contacted several owners and trainers of racing greyhounds. All are in agreement that it would be impossible for two persons to give adequate, humane care to this number of greyhounds. In summary, we would recommend that if the application is approved, some restrictions be applied to the approval , i .e. , 1 ) assurance that manure will be disposed of properly and in a sanitary and timely manner, 2) assurance that adequate personnel would be available to care for the greyhounds humanely, and 3) that all rules of the Colorado Racing Commission be adhered of. Should you have any questions, please feel free to contact me. Sincerely, COLORADO RACING p COMMISSION /�/� L Eddie Haefeli o '� 2��r) Coordinator of Compliance Enclosures O 1990 THE PUBLIC RECORD CORPORATION ALL RIGI IS RESERVED 13 CR 12, 12-90 Pagel I - DEFINITIONS 1 .01 — AGE — A greyhound' s age begins on the day it was whelped. 1 .02 '. ; is an tr in iii a . 1 .03 — ASSOCIATION — An association is anyone conducting a .licensed_meet ..in _Colorado._. .. .. 1 .04 — AUTHORIZED AGENT - An Authorized Agent is a person who is authorized in writing to act in behalf of another on specified racing matters. A breeder is r of •`'fie ConmAss on is'the Colorado Ratin a 1 .07 - DAY. 1 .07: 1 - RACE DAY - A race day is any twenty-four (24) hour period beginning at midnight during a race meet when racing is held. 1 .07:2 - DARK DAY - A dark day is any twenty-four (24) hour period beginning at midnight during a race meet when no racing is held. 1 .07:3 - CALENDAR DAY - A calendar day is any twenty-four (24) hour period beginning at midnight. 1 .08 - DECLARATION — A declaration is the act of withdrawing an entered greyhound from a race. 1 .09 — DIRECTOR - The director is the director of the Colorado Racing Commission. i ti THE CODE OF COLORADO REGULATIONS 31.0z7z61 4 CCR 724-3 Paget 1 .10 - EJECTION — An ejection is the act of having a person removed from the premises of a racetrack. 1 .11 — ENGAGEMENT — An engagement is an obligation of a greyhound to participate in a race. 1 .12 — ENTRY — A greyhound is an entry when it has drawn in to run in a specific race. 1 .13 — EQUIPMENT — Greyhound equipment shall be any paraphernalia used on or attached to a greyhound while racing. 1 .14 — ESTABLISHED WEIGHT — The established weight is the greyhound' s best racing weight registered by the owner or trainer with the clerk of scales. 1 .15 — EXCLUSION — An exclusion is the act of disallowing a person to enter or remain upon the premises of any or all racetracks. - An gre ound proper., tett And registered w s x' 1 .17 — JUDGES — The judges are the persons employed or approved by the Commission for a race meet. 1 .18 — LAW OR LAWS — The law or laws shall mean the Colorado Revised Statute and includes any interpretation, construction, or application by Courts of competent jurisdiction. 1 .19 — LESSEE — A lessee is a person who holds a contract (lease) for the racing of a greyhound. 1 .20 — LESSOR — A lessor is a registered owner of a greyhound who enters into a contract with another for the racing of a greyhound. 1 _ _ { a w greyhouh 910469 O 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS rik - O1990THEPUBLICRECORDCORPORADON ALL RIGI ITS RESERVED 13 CR 12, 12-90 Page 3. 1 .22 — LURE — A lure is a mechanical apparatus consisting of the following component parts: A stationary rail installed around the racing strip; a motorized mechanism which travels the rail ; a pole which is attached to the mechanism and extends out over the racing strip; and an object of attraction which shall be attached to the pole. 1 .23 — MAIDEN - A maiden is a greyhound which has never, in any country, won a race other than a match or private stakes: Conditions-referring- to maiden shall mean maidens at the time of starting. A maiden which has been disqualified after finishing first is still considered a maiden. 1 .24 - MEET - A meet is the entire consecutive period for which a license to conduct greyhound racing has been granted by the Commission, other legally constituted pari-mutuel authorities or sanctioned by a national breed registry to any one association. 1 .25 - MONTH - A month is a calendar month. 1 .26 - NOMINATION — A nomination is the initial naming of a greyhound for a stakes race. 1 .27 — NOMINATOR — A nominator is a person in whose name a greyhound is nominated. 1 .28 — OBJECTION — An objection is a formal written complaint filed with the judges by an owner or trainer of a greyhound in a race objecting to an occurrence in the race or a judge's decision pertaining to the race. 1. 8 �, 3' - An • 1 is a r me a tlr , „ " des Y tired owner and 'stet :' tie• re ds a i to be 1 .30 — PERSON — A person is any individual , partnership, firm, corporation or association. 91.01:51 two THE CODE OF COLORADO REGULATIONS 4 CCR 724-3 Papa 4 1 .31 — PENALTY — A penalty shall be action taken against a licensee by a racing official or the Commission. 1 .32 — POST POSITION — The post position is the position assigned to a greyhound in the starting box. 1 .33 — POST TIME - The post time is the time set for the start of the race. 1 .34 - PROGRAM - A program is a printed daily schedule of races conducted at a race meet. 1 .35 - PROTEST - A protest is a written complaint filed with the judges prior to the running of a race which protests the participation of a greyhound in the race. 1 .36 - RACE - A race is a contest held on any racetrack for a purse, stakes or entry fees and in the presence of duly appointed racing officials. 1 .36:1 - OVERNIGHT RACE - An overnight race is a race for which entries close seventy-two (72) hours, or less, before the time set for the first race of the day on which the race is to be run. 1 .36:2 - PURSE RACE - A purse race is a race for money or any other prize which the owners of the greyhounds engaged to race do not contribute. 1 .36:3 - STAKES RACE - A stakes race is a race which nominators of the engaged entries contribute to a purse. In addition, the purse may include money or other prizes contributed from other sources. An overnight race, regardless of its conditions, shall not be deemed a stakes race. t l� { ' � ,� ,area used} by a ✓1.0451 !if 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS O 1990 THE PUBLIC RECORD CORPORATION ALL RIGI ITS RESERVED 13 CR 12, 12-90 Page 5 1 .3' -I°; , For the pur• • a of inter•retin an. - 48 "cla .._. .. _ s .14.400,„at. ..ler at, .s t Saitii.II_....4444,4milAt rant aaey'facil h" Un,r .. w.W:"t�M':i$a':S.ld 4"...;,AR1 e,p • p.on. -1 Sr"' rr IA :, a �n StrAr. agi211. d red. 1 .39 - RACING OFFICIAL — Racing officials are: Director, Greyhound Racing Coordinator, Presiding Judge, Commission Judge, Director of,Racing, Racing Secretary, Paddock Judge, Clerk of Scales, Chartwriter, Starter, Veterinarian, Assistant Veterinarians, Lure Operator, Track Superintendent, Announcer, Kennel Master, Head Lead—out, Mutuel Manager, Manager and Assistant Manager. 1, 4i1 , 1 0 o ' Cense an resu It ' e ,.. Se. 3 Th 1 .41 rule re the Gre hound Rules and Re "y ' r"IPPtii iy n. 1 .42 - SCRATCH - A scratch is the act of withdrawing an entered greyhound from a race after the drawing for post positions. 1 .43 - SCRATCH TIME — The scratch time is the time set by the association after which no greyhounds may be declared or scratched unless so ordered by the judges or as otherwise provided for by these Rules. 1 .44 — STARTER — A greyhound is a starter in a race when the doors of the starting box open to begin the race. 1 .45 — STATE — The State shall mean the State of Colorado. 1 .46 — SUBSCRIPTION — A subscription is the nominating of a greyhound to a stakes race. 42 en d is the withdrawal of a r Tbn e ss y 91.05. +'3r, $0. rii; THE CODE OF COLORADO REGULATIONS 4 CCR 724-3 Pape 6 1 .48 - TIME Of RACE — The time of race is the time recorded for the first greyhound to cross the finish line, and it shall be the official time of the race. a T i t`e COMe•iSefue use , r 1 .50 — TRAINER — A trainer is a person licensed to condition greyhounds for racing. 1 .51 — WEIGHT—IN — The weightrin is the greyhounds' weight at weighing—in time. 1 .52 — WEIGHT LOSER — A weight loser is a greyhound which is recognized by the Commission veterinarian to consistently lose weight while in the lockout kennel . It shall be noted in the official program next to the name of the greyhound. 1 .53 - WEIGHT—OUT — The weight—out is the greyhounds ' weight prior to post time of the race in which it is entered. 1 .54 — WHELPED — A greyhound is whelped at the time of its birth. 1 .55 — YEAR — A year is a calendar year. S1.01;61 i 410* 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS O 1990THE PUBLIC RECORD COI IemoN ALLRIGUI'SRESERVED 13 CR 12, 12-90 pawls VI - ENTRIES 1 t e relate . 6.02 — For all races the racing secretary is the person authorized to receive entries and declarations. 6.03 — Every entry in a race must be in the name of the registered owner, lessee or the kennel name and must be made in writing or by telephone immediately confirmed in writing. The full name of every person having any ownership interest or interest in the winnings of a greyhound must be registered with the racing secretary before the greyhound starts; thereafter, every change in ownership or interest shall be registered with the racing secretary and forwarded to the Commission office at the racetrack. 6.04 — A greyhound must be eligible according to these Rules at time of entry. 6.05 — Joint nominations and entries may be made by any one (1 ) or more of the owners. However, all partners and each of them shall be jointly and severally liable for all fees and forfeits. 6.06 — The racing officials shall have the right to call on any person in whose name a greyhound is entered to produce proof that the greyhound entered is not the property either wholly or in part of any person who is disqualified; or to produce proof of the extent of their interest or property in the greyhound and failing of proof shall declare the greyhound out of the race. 6.07 — A greyhound shall not be permitted to start that has not been fully identified. 6.08 — A disqualified greyhound shall not be allowed to enter or to start in any race. 6.09 — Before a greyhound may start in a race where a purse is paid the owner(s) and trainer must be licensed. 6.10 — A greyhound shall not be permitted to enter or to start unless it is conditioned by a licensed trainer. °'1f.0~177; 01.C/143 y � n THE CODE OF COLORADO REGULATIONS 4 CCR 724-3 Page 16 6.11 - Should a greyhound be scratched by its owner, owner-trainer or trainer, after post positions have been drawn, the greyhound shall school officially before being allowed to re-enter for official racing. 6.12 - Entries which have closed shall be compiled without delay by the racing secretary and conspicuously posted. 6.13 - Under the supervision of a Commission representative and the racing secretary the entries for races shall be determined by blind draws at the announced place and time as is convenient to all interested parties; provided however, that in races of 3/8 mile or more and in races involving Grade A greyhounds or pups, the racing secretary may select entries without the use of a blind draw. Stakes races with or without an entry fee shall be determined by draw. 6.13(a) - In purse races, there shall be at five (5) greyhounds but not less than five (5) separate betting interests. No trainer or owner shall have more than two (2) greyhounds in any race except stakes races. In all other purse races, the following conditions shall apply: 1 . No double entries shall be allowed until all single interests are used by date preference, end 2. The owner/trainer shall have agreed to a double entry. 3. When no other single entry is available, then the racing secretary may use a double entry without the permission of the owner/trainer. 4. Greyhounds nominated for any distance over 5/16 mile or more are subject to double entry without permission. 6.14 — Post positions shall not be drawn until all entries for the race have been filled. Post positions shall not be changed nor shall greyhounds be substituted after given toe the aCommission rrepresentativew. co of the post safter theition e t will be draw. 6.15 — If any race fails to fill and is declared off, the names of all greyhounds that were entered therein shall be publicly posted in the racing secretary' s office not later than 6 P.M. of the same day. 6.16 — If an entry from any person who has been excluded or whose license has been suspended and/or revoked or of any greyhound that is ineligible is received, the entry _pall be void and the money, if any, paid for the entry refunded. Any money or prize won by the entry shall be returned for redistribution. i%pa 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS 91.0/.1. 1 D1990THEPUBLICRECORDCOR iknoN ALLRIGHTSRESERVED 13 CR 12, 12-90 Page19 VII — KENNEL NAMES li,biib..a v 4 P4 VR It ?t enn ,;.. :w-444 404'44,V 41X1M4‘41*441eq."4t a >4, eAK. ! ,e .o .�. 'entr �4 kit 4^s �.` r 1,44 as, re•41* " . 7.02 — A trainer, who is also a licensed owner or part owner, may use a kennel name as owner or part owner. However, a trainer may not be licensed as trainer other than in the trainer's legal name. 7.03 — In applying to race under a kennel name the applicant must disclose the identity or identities behind a kennel name. 7.04 — If a partnership is involved in the identity behind a kennel name, each of the partners must be licensed as an owner in compliance with these Rules. 7.05 - A corporation must be in compliance with these Rules if it is involved in the identity behind a kennel name. 7.06 - Changes in identities involved in a kennel name must be reported within ten (10) days to the Commission. 7.07 - A licensed owner who has registered under a kennel name may at any time abandon it, after written notice to the Commission. 7.08 - A kennel name may be changed at any time by applying for a new kennel name and paying the required fee. 7.09 - A licensed owner cannot register as a kennel name one which is the real name of any other owner of greyhounds racing nor one which is the real or kennel name of any prominent person not owning greyhounds or one which is registered by any other owner. 7.10 - A kennel name shall be plainly distinguishable from that of another kennel name. 7.11 - The kennel name shall be carried on the official program with the name of at least one (1) owner; and if the kennel name represents more than one (1) owner, it shall be indicated by the use of the name of one (1) owner and the words "et al ." 7. 12 - 0$ the Priv# egetof AD� rerun, f(a.< e I nalg ge- X0 ) THE CODE OF COLORADO REGULATIONS 21 4 CCPy24-3 .91.0/161 Papa 20 VIII - LICENSED RACING PERSONNEL A -- WHO MUST BE LICENSED 8.01 — All persons shall hold a current validated license to correspond with their position of employment. License application forms will be furnished by the Commission. All licenses will expire on December 31 of the third year from the year the license was issued. The following occupations are required to be licensed by the Commission: As s i s#at►it'"�'ra nor Authorized' Agent *Concession-employees Concession Operator Corporation Corporation Director/Officer Duplicate 'G . vs" Hattie employees Owner Owner—Trainer Racing Official Security Track Maintenance Crew Supervisory/Management Staff rat r `Other (Office Staff, Parking Lot Attendants, Janitorial Staff) *These licensees may apply for a one—year license. 8.02 — A licensed parent or legal guardian may be permitted to employ their child around the kennel area if the child is fourteen (14) years of age or older. The employed child must be licensed and the parent or legal guardian will be held responsible for the proper conduct of that child. 8.03 — Each authorized agent must obtain a license from the Commission. 8.04 — The Commission shall establish the fees for the various licenses and shall post the schedule of fees to be charged. 8.05 — Any ap icant for a license may be required to establish age by :me presentation of a certified birth certificate. Nee 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS O 1990 THE PUBLIC RECORD COP `ATION ALL RIGI ITS RESERVED 1.3 CR 12, IZ-90 Pape 21 8.06 — Each owner and/or trainer shall be held responsible for the licensing of every employee under their supervision and for insuring that any of their employees who are discharged surrender their licenses. 8.07 — Each partner must be licensed as an OWNER. B -- PROCEDURES FOR OBTAINING A LICENSE 8.08 - All licenses shall be issued subject to the provisions of these Rules and the Law. 8.09 - The Commission may deny a license to any person who demonstrates untrustworthiness or incompetency in the performance of the duties required of the applicant. The Commission may require and procure any proof deemed_ necessary with reference to the truthfulness, honesty and competence of any applicant. 8.10 - It is the Commission's policy to recognize and uphold the rulings of other racing jurisdictions or breed registries which are recognized as official registries by the Commission. Also, the Commission reserves the right to deny the application for a license of any person licensed in another racing jurisdiction. 8.11 — Dual licenses will not be issued, if, in the opinion of the judges or the Commission, there is a conflict of interest in holding more than one (1 ) license. 8.12 — All licensed persons desiring to be in the restricted areas of any racetrack shall be required to display an identification badge issued by the Commission with a current valid sticker and in addition hold a current license issued by the Commission. To obtain a license a person may be photographed and fingerprinted. The photographic licenses must be carried at all times and must be shown to any racing official upon request. Failure of a licensee to display a license upon request may constitute grounds for discipline. 8.13 — In the event a license is lost or destroyed, a licensee may apply for a duplicate license. Duplicate licenses may be obtained by filing an affidavit with the Commission and paying the required fee. 8.14 — A person required to be licensed and validated in Colorado must have the license validated for the current meet before being granted the privileges of the racetrack. To obtain validation the person must have greyhounds at the racetrack or show proof of gainful employment at the racetrack and must complete a validation form. Falsification of the validation form shall 9 constitute grounds for discipline. 7..;re THE CODE OF COLORADO REGULATIONS 4 CCR 724-3 Papa22 8. 15 - The affidavit for an authorized agent' s appointment must clearly set forth the powers of the agent under a notarized owner's signature. 8.16 - An authorized agent may appoint a subagent only when specifically authorized to do so by the written instrument signed by the owner and, to be effective, notice of the appointment must be given immediately in writing to the Commission and the racing secretary 8.17 - Any changes in the power delegated by the OWNER to the authorized agent must be in writing, notarized and filed with the Commission and the racing secretary. 8.18 - An owner' s revocation of an authorized agent's appointment must .be -in -writing,.notarized and filed with the Commission and racing secretary. 8.19 - The term of the authorized agent'S license shall terminate as set forth in these Rules unless withdrawn by the signator or suspended or revoked by the Commission. -1;li of ,, vim„-as�M4,,,, es .,a. .�.' s�i�r3M ►'"'$ .M,,,; ,ts tom.�i 9�M 3eFt•i« w� � hp heal and that ha-� 8f2'b' Ai p . �1 `� "I i " eris 'of trainer` or ass4 riMief'° � � t**ten;;, tithe"- oral m °` r ".. .rte � is C -- THE DUTIES AND OBLIGATIONS OF A LICENSEE 8.22 — All applications for license shall be taken out within forty—eight (48) hours after employment. Supervisors shall be held responsible for the licensing of every employee under their direct supervision in accordance with these rules and the law. 8 - 4 . >_. 140,4oty. of SOT, ttl_ rrompt y 'advise ssibn Of aiirTinrenfliirefit antitottes: 8.24 — All licensees are held responsible for the safekeeping of their license and identification badge. A license and identification badge shall not be transferable and a licensee shall not allow another to use their license or identification badge for the purpose of transferring any of the privileges pertaining to it. y n A CCR 724-3 THE CODE OF COLORADO REGULATIONS O 1990 THE PUBLIC RECORD C ORATION ALL RIGICCS RESERVED 13 CR 12, 12-90 Page23 8.25 — A licensee shall not interfere with or use abusive insulting language to any commission representative, racing official or assistant or medical personnel while in the discharge of their duties. Abusive insulting language shall be construed to be language which tends to incite others to unlawful conduct or making unreasonable noise. 8.21rait' �� + `.MS1 • fine � of of' flea �rela eat 1MM, OW a " a ttiotl`vithin their ant,Aort 'r" i � itewire Certified judgment froze a �t + ert 1i'risdTe""tion in order to deteraimposte , tabt.1" 8.27 — If any licensed trainer is prevented from performing any duties the judges must be notified giving the reason therefore and a licensed substitute trainer must be approved by the judges. If the trainer is prevented from performing any duties for an extended period of time, the owner shall notify the judges in writing naming the licensed trainer who will be in charge of the kennel and who must be approved by the judges. 8.28 — All owners must file with the Commission and the association a roster naming the trainer, assistant trainer, authorized agent and other employees; and if ary owner changes trainers or assistant trainers the racing secretary must be promptly notified and the new employees shall be required to sign the OWNER'S filed roster. 6.28 lr The ' 1 for and then aes y "If the chemical ana"iy 114-6f a sample indicate, tie presence of an unauthorized drug wnich could affect the racing condition or the preformance of a greyhound in a race, the trainer of the grey;.:,uny and any other person _hown to have care or attendance of a greyhound or shown to have administered or conspired to have administered the drug are subject to disciplinary action. The owner of the greyhound shall not participate in the purse distribution of that race and the greyhound shall be declared unplaced for every purpose except the pari—mutuel wagering. A trophy received by the owner of the greyhound shall be returned. 8.29:1 — A trainer who is absent for more than four consecutive racing days from his or her kennel or the grounds wherein his greyhounds are racing and whose greyhounds are entered or are to be entered, shall provide a licensed trainer to assume complete responsibility for the greyhounds being entered or running. Such licensed trainer shall sign in the or=-sense of the judges a for: furnished by the racing commis;ion accepting complete responsibility for the greyho :ds Lz`.ng entered or running. a THE CODE OF COLORADO REGULATIONS ' 4 W724-3 Pps24 8.29:2 - A trainer who is absent from his kennel or the grounds where his greyhounds are racing, and whose greyhounds are entered or are to be entered, shall provide a licensed assistant trainer to assume the training duties for the greyhounds which are entered or are to be entered or running. The trainer and the assistant trainer shall sign in the presence of the judges a form provided by the Racing Commission acknowledging that both the trainer and the assistant trainer shall be responsible for the condition of the greyhounds during the absence of the trainer. keno . S or care-oi<`' eild-guart-t against-the' i ration oreg�d-int artyhtill7tl�-`Uiadi Cat n or attga+p + '� '� ; or any other sithitar�i �thi- t mss, find t ate person tat.`f}� �tion int rdingc of the g'rexhov d. ,or it tIti " nil d that 8,ny_own , or train itlig 'te wi„ e prer uitler 8.31 - An owner, trainer or association employee shall not accept directly or indirectly any bribe, gift or gratuity in any form which is intended to or might influence the results of a race. 8.32 - Every owner or trainer who does not have the proper greyhound at the weighing-in room promptly at the time appointed shall have the greyhound scratched and, in addition, the owner or trainer may be liable for a fine. 8.33 - Owners and trainers shall not enter greyhounds off form or in poor condition. Entering greyhounds off form or in poor condition shall result in the judges requiring the greyhounds to school . 8.34 - Any mec' cine, antiseptic, fluid or matter containing a color causing the marring or discoloration of identification marks of a greyhound which could change the identity of the greyhound will not be used. 8.35 - Any owner or trainer who bets with or through any handbook at .a meet shall be _excluded from the racetrack and may be refused admission to other racetracks. Where an owner is excluded for betting with a handbook, the entries of the owner shall be refused at all racetracks. immediate tir 1.43°SRAw 2fi+. a uu, atww4„, tan n their , , , ,r,17,414 , _ ai• `• r • • , • e ., KA«, emitee "'or,- - on SS m as a vi er naria 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS C�A1 .c3f1 O 1490 THE PUBLIC RECORD CC IRATIOY ALLRIGHTSRESERVED 13 CR 12, 12-90 Page 25 8.37 - Any test or examination made by the Commission veterinarian may be witnessed by a Commission representative and by the owner, trainer, or assistant trainer of the greyhound(s) being examined or tested. 8.38 - All partnerships must be registered with the Commission and the name and address of every person having any interest in a greyhound, the relative proportions of their interest and the terms of any sales with contingencies or arrangements must be signed by all parties or by their authorized agent and be filed with the racing secretary, a copy of which shall be transmitted immediately before'the-opening of-a'meet to the Commission office. All partners and each of them shall be jointly and severally liable for all stakes and forfeits. 8.39 - All statements of partnerships, of sales with contingencies or arrangements, shall declare to whom winnings are payable, in whose name the greyhound shall run and with whom the power of entry or of declaration of forfeit rests, and a copy of the information shall be transmitted immediately to the Commission. 8.40 - In case of emergency, authority to sign declarations of partnership may be given to the racing secretary by telephone promptly confirmed in writing. 8.41 — The part owner of any greyhound who assigns a share or any part of it shall file a copy of the assignment with the racing secretary. 8.42 r The use of an I he trains of r g4g P i1 y the -ci£ a t f!"4 "y`a i;1 TEEN► partici. d in offic e r ra2gg on winch !sari A:' ►O9 5):11.05;3?ylTp THE CODE OF COLORADO REGULATIONS 4 CCR 724-3 • (11 04,r1 Pape 26 IX - MEDICATION 9.01 - Definitions. 9.01 :1 - Medication - A medication is a substance, compound, element or combination thereof which is or can be administered to a human, greyhound, or other animal for the purpose of preventing, curing or alleviating the effects of any disease, condition, ailment, infirmity or symptom thereof. The term medication shall include but not be limited to all narcotics, stimulants, depressants, analgesics and anesthetics. 9.01 :2 - Authorized Medication - Any medication in the quantity permitted by the Commission pursuant to the conditions set forth in these Rules and the Law to be possessed by licensees or in pre-race and post race samples shall be authorized. Any and all other medications shall be unauthorized. 9.01 :3 - Stimulant, Depressant, Analgesic, Anesthetic, Narcotic -- Stimulant, depressant, analgesic, anesthetic and/or narcotic shall mean a substance used by the medical or veterinary professions to produce stimulating, depressing, analgesic, anesthetizing or narcotizing effects, or which is defined as a stimulant, depressant, analgesic, anesthetic or narcotic in an accepted scientific publication. 9.02 - Unauthorized Medications 9.02:1 - A person shall not administer or apply or cause to be administered or applied to any greyhound participating in a race any unauthorized medication. 9.02:2 - A person shall not administer or apply or cause to be administered or applied to any greyhound participating in a race any medication which might cause masking or interfere with the testing of urine, saliva, blood or other body fluids or tissues conducted pursuant to the provisions of these Rules. tor' 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS O1W0MIEPUBLICRECORD( 'ORATION ALLRIGHTSRESERVED 13 CR 12, 12-90 Pape 27 Any medication so administered or applied shall be deemed unauthorized as defined in these Rules. 9.02:3 - A person shall not administer or apply or cause to be administered or applied to any greyhound any medication which might have the effect of stimulating, exciting or depressing any greyhound or which could otherwise alter the normal performance of a greyhound during a race. Any medication so administered or applied shall be deemed unauthorized as defined in this section. 9.02:4 - If the Commission veter.inarian. . determines or has reasonable cause to believe that a greyhound entered to race has been administered an unauthorized medication, the greyhound must be scratched from an entry to a race. The Commission veterinarian shall report the matter to the judges immediately. *02:3.*"-kl er Sri thc'etceplrion of4 lice , e post t, gpds ub "e grange to be •e i, , �f 9.02:6 „: ,_ ,,. take for ]` «i �. _ ` r ce . a "°r� se"sontri 44,are • °,a1,Am "It b � <� twit* connected with ""'"14 9.02:7 — a ra i , �d in t the t s' e1 or a pbarmaceut cal on libel oftly. Certain treatments that are prepared in large quanti es and transferred to smaller containers for easy application may be labeled by the trainer of record but only if, the primary ingredients are on the medication list. 101 icdtion and/oe r or r Albaand . d s a au P idat n thr all& ist� a THE CODE OF COLORADO REGULATIONS CA� C 5 IT- 4 CCR 724-3 .( /7;m, Paps 28 9.0'2`:". ,�.. iii°in a 1teeeloie«single' t�fie"t, 7 zrFa-14 Ma- °equipptditt°h a lock *wart tie .t r.'Suirh Strilge y` 4 un Art �r Yar'" a� . e±t,17144. IS .A94;�: ,ris , Any � D Y + w Tik�,F,.,e:,.��, �°*t� �,�'� "�'ttr a 8n` ° •lexerepted by 9.03 - Procedure for Obtaining Drug and Medication Authorization... . 9.03:1 - Any person desiring to have drugs or medication o1 the premises of a racetrack or anywhere where fit " "greyhounds art telt edtwhich may .1n n ;ian the r - r* , as tiLeta t�nr •° list :i e s T it , , i t � pl lTr efill ` e x it ��,,r ekkaet.4 ;;,WILISi�rtan' too be 9.. ...1'MV•'1 .yW VMY.no.e ..i..... st pW a• --• , tie 'errt "°sin the list on filewirittt:the the - ..- 4�4,�.. . »• #Exxvr T eti :tett m R^ Shall be de led 9.03:2 tw-tosyrnot dication ii �T„�! x ,nisei .wm � .t,ab•.. «..�..+,�...� �._ maw 4 CCR 724-3 r. THE CODE OF COLORADO REGULATIONS 91.0174‘1 O 1990THE PUBLIC RECORD CC ARATION ALLRIGITTSRESERVED 13 CR 12, 12-90 Page 29 9.04 - Laboratory Testing. 9.04:1 - The Commission shall take or cause to be taken saliva, urine, blood or other body fluid samples, or biopsy or necropsy specimens from the greyhounds as the judges or veterinarians may designate. 9.04:2 During the taking of a sample by a representative of the Commission, the owner, trainer, witness or chemist representing them may be present at all times. The sample shall be placed in an authorized container and shall be immediately sealed and the evidence--of-the sealing-may-be indicated thereon by the signature of the owner or trainer or kennel representative. The veterinarian or assistant representing the Commission shall deliver the sample to the laboratory selected by the Commission for a report on the chemical analysis of the sample. 9.04:3 - Refusal to allow the taking of any specimen or any act or threat to impede or prevent or otherwise interfere therein shall be reported to the judges who shall take disciplinary action as they deem proper. 9.05 - Procedure in Event of Positive Test. The following procedures shall apply in the event that a laboratory analysis of urine, saliva or other sample taken from the greyhound indicates the presence of an unauthorized medication. 9.05:1 - In the event a positive laboratory test result is obtained, the judges shall cause an investigation to be conducted immediately. 9.05:2 — Presumption. Whenever the laboratory test result is obtained as indicated herein, there shall be a rebuttable presumption that the trainer of the greyhound was responsible for the administration of the unauthorized medication. At any hearing conducted to determine responsibility for the administration of any unauthorized medication, unless other evidence of sufficient credibility and weight is presented to the contrary, the judges or the Commission may make a finding in accordance with the presumption. V NI 4NE THE CODE OF COLORADO REGULATIONS 4 CCR 724-3 21.041:61 Page X 9.05:3 — Formal Hearing. Within a reasonable period of time after a positive test result has been received from the laboratory, the judges shall hold a formal hearing to determine the reasons and responsibility for any alleged medication violation. The hearing shall be conducted pursuant to the provisions of these Rules. 9.05:4 — Temporary Order. Pending a formal hearing, the judges may summarily suspend any person in accordance with the provisions of the Law. joujilt. ari , �M • •1ttion ovlded •' 9 PM (a) Any person(s) responsible for the proper care and protection of a greyhound if the judges or Commission find the person(s) to have been negligent, reckless, or willful in failing to prevent the administration of the unauthorized medication in question. (b) Any person(s) found by the judges or the Commission to have administered or have attempted to administer any unauthorized medication; (c) Any person(s) found by the judges or the Commission to have conspired in the administration of any unauthorized medication. 9.05:6 — Redistribution of Purse. Whenever the judges or, the Commission determine that an unauthorized medication has been administered to any greyhound that has raced, the owner of the greyhound shall not participate in the purse distribution of the race n question, and a redistribution of that purse shall be ordered by the judges with the greyhound in questil^ being declared unplaced. Any portion of the purse or any prize already received shall promptly be returned for distribution. 'J v ®I 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS O 1990 THE PUBLIC RECORD( 'ORATION ALLRIGIFISRESERVED 13 CR 12, 12-90 Page 31 9.06 — The Commission veterinarian shall publish guidelines concerning the use of medication to assist the greyhoundmen in preventing medication violations; however, the guidelines shall not supersede any of the privileges or requirements of these Rules. 9.07 — The Commission, for good cause, may forbid the use of any medication. Thereafter, the medication shall not be used for official schooling or races. 9.08m eu, hi this fa .w�..�yyr . . .:z fsdi�r.� ' li'1"' P' `71i17•'ilYr'e .-V �n , co }e E . mate ox A..CartU e; d�f•YY SS Ofl. vtitarinecian shah�iwont,tho ri ht to oak, 'or cause „4,bet, (*WV ,at dies. 9.09 - In the event that a greyhound establishes a track record in a race and if it later develops that the chemical analysis of any sample taken indicates the presence of an unauthorized medication, then the track record shall be null and void. pas NW, n 21.0532 THE CODE OF COLORADO REGULATIONS 4 CCR 724-3 PN,32 X - POST POSITION 10.01 — The post positions of greyhounds in all purse races shall be assigned by a drawing supervised by a Commission representative and the racing secretary. Any owner, trainer, assistant trainer, or authorized agent interested in the drawing may be present. XI - POST TIME 11 .01 — Associations conducting greyhound racing must advertise the post time of each race upon their tote board. 11 .02 — Post time for the first race of the day must be advertised in a conspicuous place in the daily racing program. 11 .03 — All advertised post times must be promptly met. Every delay in excess of two (2) minutes from the advertised post time must be approved by the Board of Judges. TN L CCR 724-3 THE CODE OF COLORADO REGULATIONS Mk 91.011:431 O 1990 THE PUBLIC RECORD Cr oltimoN ALL RIGHTS RESERVED 13 CR 12, 12-90 Page39 15.09:3 - The clerk of scales shall make available to the judges a copy of the weight sheet before each day's performance. A Commission representative shall be available during the weighing-in and weighing-out of all greyhounds. 15.09:4 - The clerk of scales shall promptly report to the judges any infraction of these Rules as to weight or weighing. 15.10 - Judges 15.10:1 — There shall be two (2) judges employed by the Commission and one (1) presiding judge . appointed by the association andapproved by the Commission. 15.10:2 — The Commission judges shall , in addition to their other duties, prepare and transmit required reports to the Commission. 15.10:3 — The judges shall be the licensing committee and shall have general supervision over all licensed persons at a meet. 15.10:4 — The Law and these Rules supersede the conditions of a race; and in matters pertaining to racing, the order of the judges supersede the orders of the association officers. r 'I0., is p,r may not b he"judges' �1,iM ai u. ��.'.t A�s►,1F � °� ,� ... e i n _ ,•„ors � .� ,•re r =uaxrr „ e�q9�� se s - - • '' o1 action flit deems proper. 141); THE CODE OF COLORADO REGULATIONS ,� j;.12 4 CCR 724-3 C? P i9 r Pps a° 15.10:6 — All questions pertaining to the judges' authority shall be determined by a majority of the judges. 15.10:7 — The judges shall supervise all entries and declarations and may, without notice, refuse the entries of any person or the transfer of any entries. 15.10:8 — The judges shall have the power to determine all questions arising with reference to entries and racing. 15.10:9 - The judges have power to call on any person in whose name a greyhound is entered to produce proof that the greyhound entered is not the property, either wholly or in part, of any person who is disqualified, or to produce proof of the extent of any interest or property in the greyhound, and in default of proof being given to their satisfaction the judges shall declare the greyhound out of the race. '. w , have general su rvi • • e saw. 4At l' 1 .(the . 44,1141.4JW.'aL3iw..,,<_ . . i 1T' ' r.•u t 'ma,lrkd,XM.5 it��a�qi�.'w A1.lR� Iw 'a�ll� 'en .-4-0i ions or c• . atr"tt'• • tense f.y„ infractions of the Law orthese Rules` 1S'il a e ;. k n time Y ` y y yy to 0 1 Y h�R i� ! P��991 s,l�.. nhL�� ' ly 15.10:12 - The judges shall closely observe the operation of the lure and hold the lure operator to strict accountability for any inconsistency of operation. 1<er ,. 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS O 1990 THE PUBLIC RECORD C ORA"ITON ALLRIGHTSRESERVED 13 CR 12, 12-90 Page 43 15.11 :2 - After the greyhounds are placed in the lock-out kennels no person other than the kennel master, racing officials, person(s) approved by the Commission or designated representatives of the Commission shall be allowed in or near the lock-out kennels. At no time shall less than two (2) such authorized persons be present in the lock-out kennels. 15.12 - Lead-Out 15.12:1 - Owners, trainers or attendants will not be allowed to lead their greyhounds from the paddock to the starting box, except in unofficial schooling races. The"greyhounds-shall" be walked from the paddock to the starting box by lead outs provided by each Association for that purpose. For all purse races, lead outs will not be allowed to lead more than one (1) greyhound to the starting box unless approved by the Board of Judges. 15.12:2 - Lead-outs will be required to present a neat appearance and conduct themselves in an orderly manner and must be attired in clean uniforms provided by the association. 15.12:3 - The lead-out must put the greyhound in its proper box before the race and then retire to an assigned place. 15.12:4 - Lead-outs will not be permitted to have any interest in the greyhounds racing for the association. 15.12:5 - Lead-outs shall be assigned to post position by the paddock judge by lot before each race and a record thereof shall be maintained. 15.12:6 - Lead-outs are prohibited from holding any conversation with the public, either in the paddock, enroute to the starting box, or while returning to the paddock. 15.12:7 - Smoking while in uniform and on duty is prohibited. 15.12:8 - Lead-outs are prohibited from wagering on the result of any greyhound racing at the racetrack where they are assigned. CP4 elOS .y THE CODE OF COLORADO REGULATIONS 4 teCR 724-3 (-)1 r`4`?,f b4 Page44 15.12:9 - Only authorized lead-outs employed by the racing association shall take greyhounds to the starting box during official schooling races. 15.12:10 - Lead-outs must be physically able to perform all the duties required of a lead-out. 15.12:11 - Greyhounds shall be walked to the starting box for each race. For schooling races no more than two (2) greyhounds per leadout shall be allowed unless approved by the Board of Judges. 15.13 - Lure Operator 15.13:1 - The lure operator shall be furnished a room as free as possible of any disturbance that could possibly distract his complete attention on the operation of the lure. 15.13:2 - The lure operator must at all times run a consistent lure and report immediately to the judges if any problem should occur which would prevent the running of a consistent lure. 15.13:3 - The lure operator must run the lure completely around the racing strip at least two (2) times prior to the first post time to determine that the lure is in perfect working condition. 15.13:4 - The lure must be tested upon correcting any malfunction involving the lure or starting box prior to resuming the program. 15.14 - Paddock Judge and Identifier 1 . i .F=" Pt , . yhoetel ti not be pet`ai tted to start , . Oat 04 'ALAI r!Vita ' lice is ""gars. race. 15.14:2 — The paddock judge shall fully identify and check against the card index system of identification maintained by the association all greyhounds starting in schooling and purse races. Any greyhound's identification which does not conform to the card index identification shall be reported to the judges. sat won 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS 9.1.0i61 O 1990 THE PUBLIC RECORD C _ "ORA'DON ALL RIGI ITS RESERVED 13 CR 12, 12-90 Page 47 15. 16 - Starter 15.16:1 - The starter shall give orders and take all measures, not in conflict with these Rules as are necessary to secure a fair start. 15.16:2 - The greyhounds shall be started from a type of starting box approved by the Commission and there shall be no start until , and no recall after the doors of the starting box have opened. 15.16:3 - The starter shall report causes of delay, if any should occur, to the judges. 15.16:4 - A false start, due to any faulty action of the starting box, break in the machinery or other cause, is void. However, the judges, after consulting with the Commission veterinarian, may allow the greyhounds to be started again as soon as practicable, or the race may be cancelled at the discretion of the judges. 15.16:5 - All boxes to be used during a performance shall be tested prior to the first race of the performance. 15.17 - Veterinarian 15.17:1 - The Commission veterinarian shall be at the racetrack at weigh-in time and during all racing hours. 16. 7' 1 ri n An exam f r ' °� each shall have the aO a ,fir .tj11HK fay a grey t �h health 4rRhys tal reasons to insure that reyho d y o strafe e � ' 4 4 40411 4i,tar D. It Shall be pluoikeer ++ • na ua# kh Y "Y°ir Se 'veterinarian releases 21 t. v'y se. THE CODE OF COLORADO REGULATIONS 91.07; R 724-3 el'O g3'4 Pspos 15.17:4 - The veterinarian shall make a final examination and inspection of all greyhounds during the time they are in the.pa4dock, bgfore. they leave for the racing strip. greyhoond is not i8,proptir physical condition hOUnt 111111-14-Yebttetisto ttradriOnfiker0413441410w4WirrelliNfieWPIRthed. 15.17:5 - A veterinarian who is employed by the Commission or by any association shall not be permitted, during the period of employment, to treat or prescribe for any greyhound on the racetrack or registered to race at any racetrack, for compensation or otherwise,, except-in cases-of emergency, in which case a full and complete report shall be made to the judges. An owner or trainer shall not employ or pay compensation to any veterinarian, either directly or indirectly, during the period of the veterinarian's employment by the Commission or an association. 15.17:6 - Bitches in season are not permitted on the racetrack. The greyhounds must be reported to the judges and the veterinarian by the owner or trainer. 15.17:7 - Bitches coming in season during the race meet must not be accepted for entry within thirty (30) days from date of coming in season and must be approved by the Commission veterinarian prior to being re-schooled. 15.17:8 - A bitch in milk due to pregnancy or false pregnancy shall not be accepted for entry until approved by the Commission veterinarian prior to being re-schooled. 'i4 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS O 1990 THE PUBLIC RECORD CO' RATION ALL RIGHTS RESERVED 13 CR 12, 12-90 Page 49 XVI - REGISTRATION 16..01 - 'A g'r`e oun• h 1; n be entered or permitted to r r. 1 4-0/4A ved ss on. 16.02 — A certificate of registration, a National Greyhound Association lease certificate, or a Colorado lease certificate accompanied by the National Greyhound Association registration paper for each greyhound shall be filed with the racing secretary at the racetrack where the greyhound is to be schooled, entered, or raced. All papers must be available at all times for inspection by the judges. 16.03 — The r,N, r .•f itle •f owner of a gre •a pri •ii rtOititi ter roiY% i,it,'' i % 4a .-••• �' itj *tail .te( i.,.IF .,. - � .4 , a• A,�,.�er,..»�i,�)}t;i1 s•,_warty Yd ��. c • IlLs n7Iee Atb°e ' ¢k"bt a y �, +.0 ,r.-, riwr-�lex �a�y4r< s�tlillifV%e NO transfer I 16.04 — The Colorado Greyhound Breeders Association will act as the official registry for Colorado bred greyhounds. 16.05 — An information system shall be recognized by the Commission as the official record keeping agency of all greyhound performances and it shall maintain the past performance lines on every greyhound raced at a racetrack. Associations shall furnish all necessary information to the information system in order to establish all past performance information. 16.06 — The official registry recognized by the Commission shall furnish to the official designated information system all of the necessary registration information including the greyhound's legal name, breeding and registration number. 16.07 — All greyhounds which are leased will require the National Greyhound Association' s lease certificate or a Colorado lease certificate accompanied by the National Greyhound Association registration paper. THE CODE OF COLORADO REGULATIONS 01 o c.'r;r4 CCR 724-3 Paga50 XVII - SAFETY, SANITATION AND SECURITY ound f R i7. + iNI..i ,llhounds re• ' 4 t.r' a rmin 11. R.. W, R , .viii*aled71",nrigrarr . . � , he R 14� -firm*InaMITIeC licita :fi.rs . . time . -,.- -.-4... eti l it •' Ail I,netlt`belettelble for entry to raffle is am'olffi CIO race. v )7,11112 -:1TIS 'antiMed COtitraya the se Rules forty ;it itt 'tisNter- trainer`'ei ititnt trelne „ 4, � �M"i�`tilitiES use i x a. ni r s,tile~ attlth track or feet flaw'" n. The d . esewtatives for tare PU PAM ' fiat ding ' d praC ces used. I.tite.,is4eteratiti wit i�+ttli'!"'�ii °1MY �""°Frfirc►at trrilweilit pr l�Mj°� `4a t. �f'th fr, �. ,. .r . len' may- u ,. :vymrtt lice'sed o r• hers. tiffin'--Thr TSUI*STOW'reserves the right to , di saPRre'et any tr$ads, rifbusinte fi rats deal in raw qre tiii;i `0 Iibr- suppl�s us. , Commiesiiili finds ° the . . t a ound food produCtS... t!aele'ea»d t v,. ry, and satin, a un y- If . rtkts are � ,, • the , k t Yhservel- s is wi th regard.itthe'0.140640 mai. "the del 1ter _ the perion ors best** • — the y Comma s,si n�E!' their iher us 9 • vat. !�� 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS 91.0 : .;1:1 O1990THEPUMACRECORDC( )RATION ALL RIGHTS RESERVED 13 CR 12, 12-90 Page 51 17.01 :4 — An association during the course of their meet may not race a greyhound that is not housed in an approved kennel or trains at a disapproved training track or receives its food supply from a disapproved supplier. 17.02 — Minimum Standards for Safety, Sanitation and Security. 17.02:1 — Kennels: (IL) Tire following ruleswill apply to all kennels- during the, triad of thirty (3a) days tin a meet at aMrl� are competing. (b) A trainer mu,s; tborm+9hly pert the housing Rein ' ag leaving the kennel a !M ,� d termioe_if ite the kennel . (c) Be forint""C "illlertell-en-out pens these pens myt be infected for atty foreign Defter Or for any signs of unauthorized otrY.. . (d) Skiaa4k¢.ao u. w I mp�bey+r y �� .. .loon kennel security of,w = ' 'ovetertnarian so that aer"iinnnttlat , 4004, w,� •.. Funds be ;, to rate. (e) All eater per<iatet5erfeiice3 for kennels an o axe Ise areas stall be a minimum of h min am 0 4' iti oeure gates shall be with secure locking devices. Materiafifer"one ite fe ie Se a aueh t reyhounds are ma 1<3' ati!Uttary repair: Fences m issim in regard to the stiffener rer or in these Rules.' !I, 4 THE CODE OF COLORADO REGULATIONS 910519:19: 4 CCR 724-3 Page 52 (f) When ke nded by brized bcked inc i ¢t?e'riy6Thets'and food (g) 7 two '•rking (h) 11�i opal n d,e]iMAIM. nary (i) liou ' Hun 4,0 equipped with (3) All .ice 1�ts must be propetly (k) All at-, fd0d'sitpates and water used will be Object to testjn .p the commission cheskt nt chemists as ision. (1 ) Dais and ,Tosedle'te surrou .in r sh;1l be kot clean stisd"Y"MtlP ' all tireatelelestrfrbillittillrbp Ind fend,from the 4111 area daily. !larntte +.., # 11. 1 Pt *weep when 9n us . (m) All Oslo .Wit 'r, t� t be tpf f Mi P uwsw ade4ttte �€!� ty and coolant 4,at 4 „0 per i side cr 17.02:2 — Public Housing Kennel Facilities: (a) Public housing kennel facilities constructed after March 1 , 1980 shall be subject to the following additional requirements. Further, any public housing kennel facility which changes ownership after March 1 , 1980 will be subject to the a same provisions. (b) Public housing kennel facilities shall mean any facility where other greyhounds besides those owned or trained by the owner of the facility are kenneled. rl �u 4 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS VVVa*°°°r O 1990 THE PUBLIC RECORD COR -2ATION ALL RIGHTS RESERVED 13 CR 12, 12-90 Page 53 (c) Each kennel building shall have ample sanitary facilities including proper ventilation, proper food storage equipment and a hot and cold running water supply. (d) Each kennel building shall have run-out pen facilities which allows a minimum of thirty (30) square feet per greyhound. (e) Run-out pens and open exercise areas shall be enclosed with fences which shall be a minimum of 6' in height. All run-out pens and open exercise area gates are to be fitted with' ample locking devices. (f) Associations shall maintain and furnish watchman services twenty-four hours a day at the kennel compound at the host track and at other kennel compounds where more than two racing kennels are kept. (The statement of basis and purpose is incorporated by reference herein and can be found in the Commission's minutes of August 20, 1987.) 17.02:3 - All persons upon the premises of a housing kennel facility whether private or public must have in their possession a current validated license or be accompanied by a current licensee who shall be responsible. 17.02:4 - Transportation of Greyhounds to Official Racing Events: Each individual kennel incorporated in trucks and trailers delivering racing greyhounds to the racetrack must be inspected before loading, and except for emergencies a truck will not stop between the housing kennel and the racetrack. Any stops to and from the racetrack shall be reported to the judges. cn �� THE CODE OF COLORADO REGULATIONS CAI OFT-1,9, 4CCR724-3 Page54 17 4:¢. = .becurf : Tide "Commission or the judges investagal411 , aw or these Rules snail have the power to permit persons authorized by either of thrglrto search the parson, or enter and searty ,OO1 .4.0n 15, 4paddock, lock-out !sonnets, vehicles-4r 400,11acevabamt"the racetraca,� or places when _ .art, on. and 1 cen ' e, iai.os who are Peq„! i1i 1if ltwto setib°•and distribute this AU-racetrack in order to i c and exagtitie.,the -personas "effiects or property of thejersons or kept in Such.40 kennels. paddock; lock - F' r.-Other laces: Each l iCenvee . t` 'to the searsij.. F1tcb, erlpewt s cdation, in accepting empl© rt�,fkat#i.;la" to splt acid d�, tl ssaaSdise about tk, does also Consent to a search, .. 17.03 - No licensee or association employee shall be under the influence of drugs or alcohol while performing the duties required by the license. If, in the opinion of the judges, track doctor, nurse or paramedic, the licensee's ability is impaired by drugs or alcohol , then said licensee shall be subject to immediate ejection. Any licensee so ejected shall be subject to further disciplinary action by the board of judges. XVIII - SCHOOLING 18.01 — Greyhounds must be properly schooled in the presence of the judges at least twice before they can be entered or started in a wagering race. Official schooling must demonstrate that the greyhound meets the eligibility requirements established by the association at which the greyhound is racing. 18.02 — All schooling races shall be at a distance not less than the distance nearest to 5/16 mile in use at the racetrack. 4 CCR 724-3 THE CODE OF COLORADO REGULATIONS •49/.04.?5,q; -yam, c3 '+a C. er a C9 0 IU�L� `!' z° zz° z° z° z° W 2 OLI\�/_� ❑ ❑ ❑ ❑ �❑ OQ Q O J ¢ W ` . `¢ 07 CO CO 0 0 07 m m m m m m �;9`�®T G j W a ui¢ 2 aF a ? ,_ } } } y } } ♦Y d�q9 JT c R1'L c!1 f6 S Q =¢ O¢ z V.0 O W ~ W .I 2 = t'prt.�T } U _Jlaw D _Jul ¢ $OQ p a wo cc O co M a0 ¢cn •mWNc'wLL_j 0 MZ 3-N Mw NW rn3 O , 3,-- °I laZ `L= HLIJW N QO Z W W O L1q 0— U DO �z cal W� U Y m a/ m _NO '� Q a 3a w o . g` .2 P.; ¢ O O < U�m z� n v ` O 40, NC �� O I m i N W O UaO x m cc U m `.a o- � o °w i m y m _ dcE l� 4 d 6.cUm °. A ma m d J_C M a. Q = `°q U sal r aa. m �_ v a • x Da h m L mv� � co a U fri 2a. 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W cc c b a Z� c � m- r O1 m > m °ncn cr :;75- < . . w LL � m b c m m .n C m >. •, C Q o O m w m C c `m �°y ` m % '��.. .. �ZZ�'�� m z A/ >, x 0 Op F 0.•C O rm > L m 9 m • �C m Q Q 7 7 c �p m >. O •' mm Nm NU CO U, V L ° C d 00 m. ° a °' co rn° E ".o� E= N p �(��/ -2 .5 .6) m N C > c c S ,_ c x C E m r y ti mm .c a) � J a ; W ` c >' � a P O O i 2 = 3= ° m mm e e > �M ¢ a v e v a (� — E m m ° 00E- 0 E o !'+, 1JLL O w c o nv a \ m ac o m m a oY ° vm ma \`t ii m � v � la cm � mm Em � o � >•mm ° ° E LT) �. rV m U to co .-. � !O.. mEm °y 45m � . 7p 44 p = c = ao .0m 3d cmE °0 z m V O. q m 13 N T J m U Cm .- 0 m C C m L V 0 O m 'O ac a C c E u \I- ° N U N O. J >E. p -L >Ol 12 N a -8,-- Q U m E L '> m '> ≤ O N ° O TL Y mmmCC m m 14, c .= ' . gm 8 0 3 �y m y p E m c >.a 0010 5 m 03,>•.›..E0' 'S.p ° m ' 3 ` �.� >•• O)≤ „ c c c " c c `Ol E E O°W 0 0, _ 0 m v) m5 ° mmm >• m m m a �� o•Lmm fl9 f m a W am¢ aka CO c-'' .0 z, W � " • rmw� Z '03m 0 ii, u. ≤¢9 q 7 =-m � = LL O ` m mOC W cC ip-1 a m \ a) mC = - a TAI >°•L >, O• O 0 m rr ».L.. HW_a .C E E N = 8a moII §m g 9 mtmmmmoo rIE mmcvca ail z aVJ 0 mow P et x — raxtoo 3zz L ?L � m� zci cV c') v: N fC P cf Ol C If you are an ASSISTANT TRAINER/TRAINER answer the following: Have you previously had a license? Yes ❑ 'No❑ Where? (Year) Where are your greyhounds kenneled? ..(specific Address) Have you taken the Colorado test? Yes 0 No❑ What Year? If you are an OWNER answer the following: Name all persons having any financial interest with you in the ownership of greyhounds which you are racing. 1. l' l-n/11/s C n kica fi 3. 5. 2./2)t c.h@C/ D. fire PI^ 4. 6. Who is your assistant trainer? n 0/7 e Who is your trainer? /77i ch 0.,e/ • er Ctic:A . t_ Are all your registration and lease papers on file in the racing office eio4.tee lea- ' V•9/ No Al Will you be racing as a member of a corporation? Yes ❑ No 2 Will you be racing under a kennel name? n Yes 2 No❑ Where are your greyhounds kenneled? Farb/� a r l 9Q/� . 27e azvel71{_, G�eDvcc; P!)• 207,2_Ce (Give Specific Address) Do you have an authorized agent? Yes❑ Nom If Yes, Who? Owners who appoint an Authorized Agent must provide him/her with an Affidavit of Appointment stating the authority of the agent.An agent appointment is good for three(3)years.(The approved Affidavit forms are available at the Commis- sion office.) If you are applying for a license to race under a KENNECNAME complete the following: Kennel Name ncs 1". ii s r:S.f �h ; (Put name of kennel and one owner to be listed in the program.) Is there a partnership involved? Yes ❑ No G Is there a corporation involved? Yes ❑ No ❑ List all individuals, partnerships or corporations in the kennel name: 1. 4. • 2. 5. 3. 6. NOTE All persons involved in a kennel name must have an owners license. Written notice must be given to abandon a kennel name. Are y ` • - - . . Yes Not"k_flaIf yep a - — Iply with the requirements of this f to the president.Other mem- bers may bra issueu a t._- _ ' _ . _ If you are not the sole owner/lessee of all the greyhounds you will be racing, you must fill out a PARTNERSHIP form: (No fee) Each individual owner in a partnership must apply for an owner's license. Explain any yes answers regarding rulings, arrests or convictions: wl1 0 cin X7CPr$ ❑ SC co a, J �... 2 ZZZZZIF;�. �,. .• W CC CA ''. ❑ ❑ ❑ ❑ O ❑ .i�sJ ry�°6 89 o ¢ o y rn� w w ¢ 6 F wa lil Z V rw- .•-•. '. 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FmR n c a Ql m CI trr�,QoO p—°m � v mai o t zoo a oc a d Cny, E ic;N S>" co y O. m m vi o N Z a j �r m €3 8.igCm7 7 �a >- ig o m o 3 N c m k. C7¢21 'y2yN `oc c > Em an m - _ N ^' 4wow O.C N 2 East N -0 0 •- o • M f t c at QaNOW C OO m y 6 t� a) • 1.11 m a' iX �"�U O W fit I J io °— N.L O N cc- J •opt m C.N J V of J c O U o V� cl ' — J � n c x of T m > c_ m i o t } N 1. W W LL P.O. M m k_6 5 I m an CO c m .. Y p Z .L-. 'O N c 5O t?-o a— _ r /n� ` O o O >.v m ro > m � m 'o a m 0 r to V' Om V m � V Q Q 7 7 -• O c p.m m. >0 ,_ Of . m N m N V rn — ro m° 1=0 - o0 — o z -J5IT corn a es ccv o � �, c amxS3 mm m ❑ a w �^ ` p S, v E c m o1 El 2 m 3 m E >. u o o �" W a C 0 mu 6 hV a C N m.. m .cY O•V m m a m ac a aci coy EmY a o > � mO 7E �`0 m m E V 0, m. t_ 0 - mEm�q m , y fi ID v 7 c 7 — m n o r io 3 E....adr Z' N% � = M a OO', rail•N p >� 6L V 8 N C o� m W~ '6 > N �`J O. 10 m co i'� 7 m m v c Ea co E a) am ≤ 2-O....2 co m a e o = m E r - I > m > .Too. 7 O T m t Y N m m 001 V C /, C C m ""C" Q t U O � � c E CL C o a co L� ro'aC V a '� M '� bb m e - U c1 3 ti a m n m = 0 a o. � m r° «a° c Q cF- c at'i 3 � 30 ` c ,c to c C c c cow E ° ccW ° m 2 ot� M x < W o1�CC � � .0ci) m ° a m m 0 c ta�� m v � IS _ O ( �� CLL cm-o � � ' 7 J m 7 O LL O Y W V O-2O C "ii-I ti m us rn O O1 m U 7 •.. .+ >. >,.c >, O O N m m a O 4- os 7 m c N -" � c o e > > N > >' >, o EE mm c•pctdl W . m = i ^ O >. roo >, mmmmm moo Lmro mm.. cm:o 1- O E Vl ea 74> om P� xrx ¢ xx �• o 3zz r2. Jmc Z 73 O Z a . m moo E'•' � cicri � uiO �. � aici -•� - . If you are an ASSISTANT TRAINER/TRAINER answer the following: Have you previously had a license? Yes O 'No❑ Where? (Year) Where are your greyhounds kenneled? (specific Address) Have you taken the Colorado test? Yes O No❑ What Year'? If you are an OWNER answer the following: - Name all persons having any financial interest with you in the ownership of greyhounds which you are racing. 1. 3. 5; 2. 4. 8 Who is your assistant trainer? Who is your trainer'? Are all your registration and lease papers on file In the racing office Yes❑ No❑ Will you be racing as a member of,a corporation? Yes❑ No ❑ Will you be racing under a kennel name? Yes ❑ No ❑ Where are your greyhounds kenneled? .(awe Specific Address Do you have an authorized agent? Yes❑ No❑ If Yes, Who? Owners who appoint an Authorized Agent must provide him/her with an Affidavit of Appointment stating the authority of the agent.An agent appointment is good for three(3)years.(The approvhd Affidavit forms are available at the Commis- sion office.) If you are applying for a license to rate under a KENNEL NAME complete the following: Kennel Name (Put name of kennel and one owner to be listed in the program.) Is there a partnership involved? Yes ❑ No❑ Is there a corporation involved? Yes O No ❑ List all individuals, partnerships or corporations in the kennel'nanle: 1. 4 2. 5. 3. 6 NOTE: All persons involved in a kennel name must have an owners license. , Written notice must be given to abandon a kennel name. Are you applying for a CORPORATION license to race greyhounds? Yes ❑ No ❑ NOTE: A separate form is required for Corporations. If yes,see Rules Governing Greyhound Racing pertaining to corporations.You must comply with the requirements of this rule before a corporation license Is issued.(A corporation license will only be issued to the president.Other mem- bers may be issued a corporate director/officer's license.) If you are not the sole owner/lessee of all the greyhounds you will be racing, you must fill out a PARTNERSHIP form: (No fee). Each individual owner in a partnership must apply for an owner's license. Explain any yes answers regarding rulings, arrests or convictions: ��i o N I ,i,\---.. Z Z Z Z Z Z - ¢ O 1 ❑ ❑ ❑ ❑� ❑ GO or a x m mmmmm y✓� Z(�} W W < W Z ( \ W } Y } } } } oi-- w� >O z LLW y � MU a_3 la 1- LIM = c YU ¢ a¢ ¢ OQ O w wa °� O a � O RW «ZWAWt1s¢ gzwrpoo co zCri r U U = fn wa _1p Y1Z U¢ MW MW MO %..... C m OZ YW �W 1 ¢O z Y OP I O C �J p0 �o ¢ zo ov N No Eo a ri3 La d" T 0 ac Q Z OU kr)Y co y a Oofc cc O a m E a "m U J o a # 0. 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If you are an ASSISTANT TRAINER/TRAINER an er the following: Have you previously had a license? Yes ❑ No Where? (Year) Where are your greyhounds kenneled? (specific Address) Have you taken the Colorado test? Yes ❑ No What Year? If you are an OWNER answer the following: Name �all Persons having any financial interest with you in the ownership of greyhounds which you are racing. 1. / 'I Re Paper- ✓in 3. 5• 2. 1 4. 6. Who is your assistant trainer? (� Who is your trainer? / t f 1�e Rape r / Are all your registration and lease papers on file in the racing office Yes❑ No t9r WiU you be racing as a member of a corporation? • Yes O No 18 • Will you be racing under a kennel? Yes dird No ❑ Where are your greyhounds kenneled? (Give Specific Address) Do you have an authorized agent? Yes ❑ No CV-If Yes, Who? Owners who appoint an Authorized Agent must provide him/her with an Affidavit of Appointment stating the authority of the agent.An agent appointment is good for three(3)years.(The approved Affidavit forms are available at the Commis- sion office.) If you are applying for a license to race under a KENNEL complete the following: Kennel (Put name of kennel and one owner to be listed in the program) Is there a partnership involved? Yes ❑ No ❑ Is there a corporation involved? Yes ❑ No ❑ List all individuals, partnerships or corporations in the kennel: t, 4. 2, 5. g. 6. NOTE: All persons involved in a kennel name must have an owners license. ' Written notice'must be given to abandon a kennel. Are you applying for a CORPORATION license to race greyhounds? Yes❑ No V NOTE: A separate form is required for Corporations. If yes,see Rules Governing Greyhound Racing pertaining to corporations.You must comply with the requirements of this rule before a corporation license is issued.(A corporation license will only be issued to the president.Other mem- bers may be issued a corporate director/officer's license.) If you are not the sole owner/lessee of all the greyhounds you will be racing, you must fill out a PARTNERSHIP form: (No fee) Each individual owner in a partnership must apply for an owner's license. Explain any yes answers regarding rulings, arrests or convictions: 01.0•4;.6,41 ADDITIONAL COMMENTS USR-940 PHYLLIS HOFF The Weld County Humane Society has expressed concerns about several issues ranging from the Humane Society's position regarding dog racing to the humane care of the animals. The Department of Planning Services' staff has made an effort to address each one of these issues except the Humane Society' s statement of policy as it pertains to dog racing. This type of use is allowed by the Weld County Zoning Ordinance as a Use by Special Review. Many of the issues mentioned by the Humane Society are regulated by the Colorado Racing Commission. The attached development standards require the applicant to maintain a license with the Colorado Racing Commission. If the applicant' s license expires, so does the Special Review permit. This condition will insure that inspections will be made by the Racing Commission on a regular basis. The Racing Commission' s regulations address the operation and maintenance of the kennel and the care of the dogs. A copy of these regulations is attached with the pertinent sections highlighted. The Department of Planning Services also received a letter from Eddie Haefeli of the Colorado Racing Commission on April 5, 1991. This letter is the basis for the staff' s recommendation to limit the total number of dogs to 50. On April 29, 1991, the applicant submitted a letter to the State of Colorado Division of Water Resources. This letter was to request that the State reconsider their position on the conditions of the well permit. The State did reconsider and recommended approval based on the fact that the historic uses of the well are greater than the proposed use, the applicant is willing to limit the use to 50 dogs, all of which are personally owned by the applicant, and the applicant is willing to reuse leftover drinking water. i �- - LAND-USE APPLICATION SUMMARY SHEET Date: March 26, 1991 CASE NUMBER: USR-940 NAME: Phyllis Hoff ADDRESS: 1711 Fairacres Drive, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a greyhound kennel (maximum 150 dogs) . LEGAL DESCRIPTION: The NE4 of Section 33 , T11N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 12 miles west of the Town of Grover on Weld County Road 124. SIZE OF PARCEL: 160 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The 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 from Weld County Environmental Protection Services. Referral responses have not been received from the Colorado Racing Commission, the Division of Water Resources and the Weld County Humane Society. No objections have been received by Department of Planning Services' staff from surrounding property owners. A • N G 9 61 63 65 67 69 71 73 75 77 79 81 83 85 87 89 91 b.• : . R.�. • • et- I- 63W. _ .G.. 7— .� — __ I I ! -- ....� I. Y 11 :: :• .....I.1 -- • Iit N >O I a• a it — �. Y._ Y ^ 0 \ �\\�, 1•POPO/~ a{ • T ) ^ al Y N i la • Y M ) 11 ' \��. 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'P..� .�" * :. -jam• • •t 1 + }tt .u.. 4 ` ;.4,:y ti. r Mr Or y • :. t it.,,;1.;:;,,t;:r4:ttii :� y ,,, "C• • `' } J " K •-r 9* �r•., 'x}a 'tgyf '43 "'S. r.. •I • .:. t :� �{ s.. y,y,D }0. r< 1�. t Mot -. Z k 3 t „,,z . qt :.. .. e,a ? J " .. •. • . . . ...: •. •. • .36:I• t , • `' .. • . :Si1tS:::. 4. • V M°� . . 1Se , w:,}. � s: 4d:x�try p • d O}r —. _. _ .. __ of FIELD CHECK Filing Number: USR-940 Date of Inspection: Applicant' s Name: Phyllis Hoff —) �l Current Planner: Brian A. Grubb Request: A Site Specific Development Plan and a Special Review Permit for a greyhound kennel (maximum 150 dogs) . Legal Description: The NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado Location: Approximately 12 miles west of the Town of Grover on Weld County Road 124. Land Use: E • Zoning: N Agricultural E Agricultural S Agricultural W Agricul ural COMMENTS: FIELD CHECK Filing Number: USR-940 Date of Inspection: March 8, 1991 Applicant's Name: Phyllis E. Hoff Request: A Site Specific Development Plan and a Special Review permit for a Dog Kennel. Legal Description: NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado. Location: Approximately 12 miles west of the Town of Grover on Weld County Road 124. Land Use: N Dryland pasture E Dryland pasture S Dryland pasture W Dryland pasture Zoning: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The plat is correct as drawn. Most of the dog runs and pens are completed or partially constructed. Some of the woven wire fences are not 6 feet tall, which may not be adequate to separate the dogs from the cattle on surrounding properties. Weld County Road 124 is a gravel road. Brian A. Grubb Current Planner 4910,M it REFERRAL LIST NAME: Phyllis Hoff CASE NUMBER: JSR-940 REFERRALS SENT: March 6, 1991 REFERRALS TO BE RECEIVED BY: March 20, 1991 COUNTY TOWNS and CITIES Attorney _Ault 'y . X Health Department _Brighton Extension Service Dacono _Emergency Management Office Eaton Sheriff' s Office _Erie X Engineering _Evans Housing Authority _Firestone Airport Authority _Fort Lupton Building Inspection Frederick Garden City STATE Gilcrest X Division of Water Resources Greeley _Geological Survey _Grover _Department of Health Hudson 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 Eaton F-4 Nunn _ Fort Lupton F-5 Platteville Galeton F-6 Severance Hudson F-7 _Windsor Johnstown F-8 _ La Salle F-9 COUNTIES _Longmont F-10 Adams Milliken F-11 Boulder _Nunn F-12 _Larimer -NN - X Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES _ Platte Valley F-14 US Army Corps of Engineers Poudre Valley F-15 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 _Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. N4 m X Greeley _ Panhandle Eastern Pipe Line Co. Longmont _ Tri-Area Planning Commission West Adams "r 7/ . z w X Weld County Humane Society 5e COMMISSION/BOARD MEMBER X Colorado Racing Commission \ • X Richard Kimmel ( CA i.,Le>f,i it .c. FPF.rV Z/7ei T 310,15� Weld County of Colorado Department of Planning Services ,, !I 915 10th Street Greeley, Colorado 80631 . 6 '3 iws March 20, 1991 To Whom It May Concern: The Board of Directors of the Pawnee Fire Protection District has reviewed the application from Phyllis Hoff for a Site Specific Development Plan ^nd have found no reason for any conflicts in our district . The Pawnee Fire Protection District has no further recommendations for the applicant . Sincerely, Board of Directors Pawnee Fire Protection District / 8-tAA-1- � " getz-c- • Sherry Burnett , SHoWgwLWi 21 0719, l� MEMORAnDum To Weld Comity -Planning Dace March 20,, I'1( 991 COLORADO From tin Conr; (A/ IA '" n suNe=<: Caere Numbar• VR-940 Name. Int, Phyllis 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 condition which facilitates excessive odors, £lies, 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 Colorado State Greyhound requirements for construction and operation of a Greyhound 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 which protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner which controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be confined on this site. 7. Maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. WP/lam-71 1 t'. 01 0":"780 i,a r NAR 19 d / DEPARTMENT OF RAN •t '� IC NE �. - eRia I 2. 510th ST T i' LEY,COLORA 631 �lol,4 .A.. t$, `' �l �, f� ° CASE NUMBER USR-940 ^V� ti t t't. ) I" ` j� , _ _J_ i.1 March 6, 1991 TO WHOM IT MAY CONCERN: Enclosed is an application from Phyllis Hoff for a Site Specific Development Plan and a Special Review permit for a greyhound kennel (maximum 150 dogs) . The parcel of land is described as the NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 12 miles west of the Town of Grover on Weld County Road 124. 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 March 20, 1991 so that we may give full consideration to your recommendation. Please call Brian A. Grubb, 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. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. X 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 . Ple e refer to the enclosed r(lettt¢e�r. Signed: II ,CGw. Agency: LL �� (: ,/, .,/, . S:, 1��, Y'�q^J . Date: 7j --- hi— 47/ .::�1?1-0P.y ? stay:Y:61 U , STATE OF COLORADO ) IJ COUNTY OF WELD ) rt David B. Reynolds, being duly sworn , Wed to, Pl?""•` says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County �ee M1t'i� and has been continously and ki _ wrimum on wlpid �� Manift uninterruptedly published therein, �; n,T" rApru`;�i during a period of at least Raiswi; .ene a to fifty—two consecutive weeks prior to ° ftar;° a the first publication of the annexed may ��roveaor the ate0Moe revues notice; that said newspaper is a Dr'optot to cokes idtPer4' newspaper within the meaning of the �eibri act of the General Assembly of the �e.�nm � ^ttd State of Colorado,. entitled "An Act � usEtren kennel for a moynnun- ItnmOF b to regulate the printing of legal TTON: notices and advertisements, " and wezo a 'ova a�32723 u amendments thereto; that the notice g tLmmt,mmtwi teas of which the annexed is a printed td g`�"�°e °g copy taken from said newspaper, was Te caRonal, t''t Floor, Weld erthpublished in said newspaper, and in the regular and entire issueofComity Draft,+? to = be s+ every number thereof , Walk d ' ea �F�enraonce a week for iirlibk fer r are successive weeks; that said notice � om in was so published in said newspaper Room cm342, ` al proper and not in any supplement400. mm thereof , and that the first ' °t`°'°° publication of said notice as T DiluteltNWile„°s� aforesaid , was on the lwl The New News day of � q 61-o ", 19 I i - -- and the last on the LH_ day of Q" /1 11-- , .0)-- Subscribed and sworn o before me this ��day of Aiztfca r ra r Ty 19.4_.N p / My Commission expres iv;a.o: I5,i ssa R ry �t, DEPARTMENT OF PLANNING SERVICES R' , PHONE(303)356-0000,EXT.4400 ' 1 91510th STREET i GREELEY,COLORADO 80631 1 ,`', a O NOTICE OF PUBLIC HEARING .,.. COLORADO The Weld County Planning Commission will hold a public hearing on Tuesday, April 2, 1991, at 1: 30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review Permit for a greyhound kennel for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Phyllis Hoff LEGAL DESCRIPTION: The NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: A greyhound kennel for a maximum of 15O dogs. LOCATION: Approximately 12 miles west of Grover at 32728 Weld County Road 124. SIZE: 6 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 . 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 8O631 - Phone - 356-4OOO, Extension 4400. Jerry Kiefer, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by March 14, 1991. Received by: dfiz i`n?4614*_ `/ / Qt • ) Ve-a-LOS Date: SA,214 / iu DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400• lit 91510th STREET ik. GREELEY,COLORADO 80631 COLORADO T0: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-940 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, April 2, 1991 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: NAME: Phyllis Hoff FOR: A Site Specific Development Plan and a Special Review permit fo a greyhound kennel (maximum 150 dogs) . LEGAL DESCRIPTION: The NE4 of Section 33, Tll, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 12 miles west of the Town of Grover on Weld County Road 124. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Brian A. Grubb, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 01 riV...,,ro 1.r.)1.017,0 q 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 Case Number USR-940 for Phyllis Hoff in the United States Mail, postage prepaid First Class Mail by postal letter. this 8th day of March, 1991. ,bonA4 cA 1p- J 9:1- ,q,'-'1 SURROUNDING PROPERTY OWNERS USR-940 Phyllis Hoff Marian Hallock Paul and Louanne Timm Star Route 1 Grover, CO 80729 Kenyon K. Ayars Norman Ayars Route 1, Road 67 Grover, CO 80729 Ayars Farms, Inc. 2769 E. Road 10 North Center, CO 81125 e 0__2V; 91_0/WO ll - ' x }`-T1j DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET 4: GREELEY,COLORADO 80631 O CASE NUMBER USR-940 _: • COLORADO zii_3?2,ir Avi) -`` MAR 2 2 1991 EL March 6, 1991 TO WHOM IT MAY CONCERN: Wdd CO. %mint≤ cemmmoo Enclosed is an application from Phyllis Hoff for a Site Specific Development Plan and a Special Review permit for a greyhound kennel (maximum 150 dogs) . The parcel of land is described as the NE4 of Section 33 , T11N, R63W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 12 miles west of the Town of Grover on Weld County Road 124. 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 March 20, 1991 so that we may give full consideration to your recommendation. Please call Brian A. Grubb, 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. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. 2( 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. Please refer to the enclosed letter. Signed: - Agency: jnlcyl v1 t< <- : n 1 ql O 11r) Date: 51%1 I et 910461 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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. rTh > s The foregoing instrument was subscribed and sworn to before me this Jr' day of -rL't . c« t, , 1S !/ , by i /Cel?e 4,, /i' fX WITNESS my hand and official seal. My Commission expires: 1M1 r i , r n&pt.:SA93g. 1, 1991 _ /i /%4 �<<; /lc; Notary Iilic 91.x.1`, 1:51; NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # 00ale Rr� �cz flock,.Sta.,e2t.1,L'—aeove,c_Ce8D7zc? ocoq-aa-a -c,®-Ooa RI-2 l 7;14'2. s�A et. .) C:Rov .a-,� ed; �,&m72 9) �o ko n e m S?'d►.c. /2±./. �'s�.O v�/` 0o . gta7Z hia✓ ol ck_Stp,c let.t Cco v er C o,iR'oTz 9_7)v a o?* 3 e o- y-� -oo - Al /?2.. 44 C / tr�rrr y n L /117Gi-1el� Ha.//oef5 sta / &Xe vex- azs ,.:SP672(?)DedY-z7- -oa3 , Re 4-1 / f /re;fr-e? Lv f%-.v.64/9A". .9ya,es , . a-rco ier10,Q 67. 9D aado 9+-ss*-o.ats-00 z a.cs� cikeis it. an 4 E.fed /L17� ��en C� PiiZS�o2oA �-e-‘95 Q ;;1 91.04;a') AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates 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. 4' r The foregoing instrument was subscribed and sworn to before me this day of cg t(� , 14 /1,- , By ji /, c J t 6,T- ,. C i WITNESS my hand and official seal. My Commission expires: Notary Public v s A-g,,b 0°1.x?,n ( ; � ,/ ,Rock cersMo 88—Rev. 1985 ^ u_. )' Rocky Mountain TOP LEASE -, `� OIL AND GAS LEASE AGREEMENT,Made and entered into this 30th_ day of March 90 but, EFFECTIVE April 26, 1990 by and between PHYLLIS E. HOFF, a single woman 1711 Fairacre Drive Greeley, CO 80631 �y�y� Party of the first part,hereinafter called lessor(whether one or more)and A(xf'RS4 RFO[IRCES 615 S. University Blvd., Denver, CO 80209 -- -- ,Party of the second part,hereinafter called lessee. WITNESSETH,That the said lessor,for and in consideration of Tell and more ($10.00) Dollars cash in hand paid,receipt of which is hereby acknowledged and of the covenants and agreements hereinafter contained on the part of the lessee to be paid,kept and performed, has granted,demised,leased,and let and by these presents does grant,demise,lease,and let exclusively unto the said lessee,its successors and assigns,for the sole and only purposes of surveying by geological, geophysical, and all other methods, mining and operating for oil,gas,and other hydrocarbons,and,all other minerals or substances, whether similar or dissimilar,that may be produced from any well drilled by lessee on the leased premises hereinafter described,and laying pipe lines,and building tanks,power stations and structures thereon to produce,save,and lake care of said products,all that certain tract of land together with any reversionary,remainderman and springing executory rights therein,situate in the County or Weld sate of Colorado ,described as follows,to wit: TOWNSHIP 11 NORTH, RANGE 63 WEST, 6th P.M. Section 33: NEI together with all strips,or parcels of land,(not,however,to be construed to include parcels comprising a regular 40-acre legal subdivision or lot of approximately corresponding size) adjoining or contiguous to the above described land and owned or claimed by lessor,and conmining—lc ffeettvc 160.00 acres,more or less. It is agreed that this lease shall remain in force for a term of f i VP 5) years from the date hereof,and as long thereafter as oil,gas,or other hydrocarbons or minerals or substances covered hereby,or either or any of them,is produced from sai15 lands or premises pooled therewith or drilling operations are continued as hereinafter provided by the lessee,its successors and assigns. During the term of this lease,lessor agrees not to enter into any oil and gas lease with any other party covering any lands covered by this lease. In consideration of the premises the said lessee covenants and agrees: First. The lessee shall deliver to the credit of lessor as royalty,free of cost in the pipe line to which lessee may connect its wells,the equal one-eighth(I/8)part of all oil produced and saved from the leased premises,or,at lessee's option,may buy or sell such one-eighth(1/8)royalty and pay lessor the market price for oil of like grade and gravity prevailing in the field on the day such oil is run into pipe lines or into storage tanks. Second. To pay lessor one-eighth(I/8)of the proceeds received for gas sold from each well where gas only is found,or the market value at the well or such gas used off the premises. Third. To pay lessor one-eighth(I/8)of the market value at the well for gas produced from any oil well and used off the premises,or for the manufacture of casing-head gasoline or dry commercial gas. Fourth. To pay lessor one-eighth(I/8)of the proceeds received from the sale of any substance covered by this lease,other than oil and gas and the products thereof,which lessee may elect to produce,save,and market from the leased premises. If operations for drilling a well are not commenced on-said land or on lands pooled therewith on or before one year from the date hereof,this lease shall terminate as to both parties unless the lessee on or before that date shall pay or tender to the lessor or to the lessor's credit in the Account #: 057-2071 United Bank of_Greeley tea, P.O.B. 1058 Greeley, CO 80632 --- or its successors,or any bank with which it may be merged,or consolidated;or which succeeds to its business or assets or any partthereof,by purchase or otherwise,which shall continue as the depository regardless of changes in the ownership of the said land,the sum of One hundred sixty and 00/100 which shall operate as a rental and cover the privilege of deferring the commencement Of a well for twelve months from said dale.In like manner and upon like payments or tenders the commencement of a well may be further deferred for like periods of the same number of months successively.And it is understood and agreed that the consideration first recited herein, the down payment,covers not only the privileges granted to the date when said first rental is payable as aforesaid,but also the lessee's option of extending that period as aforesaid,and any and all other rights conferred.Rentals may be paid by check or draft and may be remitted by mail.Mailing of rental on or before the rental-paying date shall be deemed a timely tender thereof and shall preclude termination of this lease.Notwithstanding the death of the lessor,or his successor in interest,the payment or tender of rentals in the manner provided above shall be binding on the heirs,devisees,executors,and administrators of such person. Should any well drilled on the land above described be a dry hole or cease to produce and there are no other producing well or wells on the land or drilling operations are not being conducted thereon,then and in that event if a well is not commenced before the next ensuing rental-paying date after the expiration of ninety(90)days from the date of such dry hole or cessation of production,this lease shall terminate as to both parties,unless the lessee,on or before the rental-paying date next ensuing after the expiration of ninety(90)days from the date of the completion of the dry hole or cessation of production,shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided,and it is agreed upon resumption of the payment of rentals,as above provided,the last preceding paragraph hereof,governing the payment of rentals and the effect thereof,shall continue in force as though there had been no interruption in the rental payment. If a dry hole should be drilled or if production ceases at any time subsequent to ninety(90)days prior to the beginning of the last year of the primary term,no rental payment or operations are necessary in order to keep the lease in force during the remainder of the primary term.If,after the expiration of the primary term hereof, production shall cease from any cause, this lease shall not terminate if lessee resumes operations for the drilling of a well or restoration of production within ninety(90)days from such cessation,and this lease shall remain in force and effect during the prosecution of such operations and,if production results therefrom, then as long thereafter as such production continues. if at any time,either before or after the expiration of the primary term of this lease,there is any gas well on the lands covered hereby,or on other lands with which said lands are pooled or unitized,which is capable of producing in paying quantities,but which is shut-in either before or after production therefrom,and the production therefrom is not being sold or used,lessee agrees to pay or tender to the mineral owners in the depository bank named in the lease,as royalty,a sum equal to the amount of delay rentals payable under this lease. Such payments shall be made on or before the shut-in royalty payment date,as herein defined,next accruing after the expiration of ninety(90)days from the date the well was shut-in, unless prior to such date gas from the well is produced and sold or used.In like manner,on or before each succeeding shut-in royalty payment dace while such gas well remains shut-in, lessee shall make payment of shut-in gas royalty in the same amount and manner.A shut-in gas well capable of producing in paying quantities shall be considered under all provisions of this lease as a producing well and this lease shall be in force and effect in like manner as though the gas therefrom were actually being produced and sold or used.The term"gas well" shall include wells capable of producing natural gas,condensate,distillate,or any gaseous substance,and wells classified as gas wells by any governmental authority.The term"shut-in royalty payment date"shall mean any rental paying date of this lease if within the primary term,or any subsequent anniversary thereof,if after the primary term,or any anniversary date of this lease if no rental-paying date is specified herein. If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties and rentals herein provided shall be paid the lessor only in the proportion which his interest bears to the whole and undivided fee.However,such rentals shall be increased at the next succeeding rental anniversary after lessee has been notified of any reversion having occurred to cover the interest so acquired.Any interest in the production from the above described land to which the interest or lessor may be subject shall be deducted from the royalties provided for herein. Lessee shall have the right to use,free of coat,gas,oil,and water produced on said land for its operations thereon,except water from wells of lessor.Lessee shall have the right at any time to remove all machinery and fixtwes placed on said premises,including the right to draw and remove casing. Lessee shall pay for damages caused by its operations to growing crops on said lands.When requested by the lessor,lessee shall bury his pipe lines below plow depth.No well shall be drilled nearer than 200 feet to the house or barn now on said premises,without written consent of the lessor. If,at the expiration of the primary term of this lease,oil,gas and other hydrocarbons and all other minerals or substances are not being produced on or from said land or said pooled premises,but lessee is then engaged in drilling or reworking operations thereon,then this lease shall continue in force so long thereafter as drilling or reworking operations are being continuously prosecuted on said land or on a drilling or development or operating unit which includes all or a part of said land;and drilling or reworking operations shall be considered to be continuously prosecuted if not more than ninety(90)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling or rework- within ing of athe term onother lf the oil ears�erein first enti ned,s or either of them be found in paying quantities in any such well,this lease shall continue and be in force with like effect as if such well had been completed Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicintiy for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so,and irrespective of whether authority similar to this exists with respect to such other land,lease or leases.Likewise,nits previously formed to include formations not producing oil or gas,may be reformed to exclude such nomproducing formations.The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reforma- tion,which declaration shall describe the nit.Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced.Production,drilling or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,drilling or reworking operations or a well shut in for want of a market under this lease.In lieu of the royalties elsewhere herein specified,including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be that proportion of the unit produc- tion that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit.In addition to the foregoing,Lessee sby hall have the right to unitize,pool,or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area anyntering into a such gin cooperative or unit plan of development or operation approved by any governmental authority and,from time to time,with like approval,to modify,change or terminate Y p or agreement and,in such event,the terms,conditions and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of development or operation and,particularly,all drilling and development requirements of this lease,express or implied,shall be satisfied by compliance with the drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement.In the event that said above described lands or any part thereof,shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions or the land covered by said plan,then the production allocated to any particular tract or land shall,for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and not to any oth tr tp[Ipn��_and the royalty payments to be made hereunder W Lessor shall be based upon production only as so allocated.Lessor shall formally express Lessor's consent to any cooper A.fiRLzafnS;D,frAvelopment or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. +. Je 'lF '7 't;J'i` (11 i)/T:S'`bi If the estate of either party hereto is assigned or sublet,and the privilege of assigning or subletting in whole or in part is expressly allowed,the express and implied covenants hereof shall extend to the sublessees,successors,and assigns of the parties;and in the event of an assignment or subletting by lessee,lessee salt be relieved and discharged as to the leasehold rights so assigned or sublet from any liability to lessor thereafter accruing upon any of the covenants or conditions of this lease,either express or implied.No change in the ownership of the land,rentals,or royalties,however accomplished,shall operate to enlarge the obligations or diminish the rights of lessee or require separate measuring or installation of separate tanks by lessee.Notwithstanding any actual or constructive knowledge of or notice to lessee,no change in the ownership of said land or of the nght to receive rentals or royalties hereunder, or of any interest therein,whether by reason of death,conveyance,or any other matter,shall be binding on lessee(except at lessee's option in any particular case)until sixty(60)days after lessee has been furnished with either the original recorded instrument of conveyance or a duly certified copy thereof or a certified copy of the will of any deceased owner and of the probate thereof,or certified copy of the proceedings showing appointment of an administrator for the estate of any deceased owner,whichever is appropriate,together with all original recorded instruments of conveyance or duly certified copies thereof necessary in showing a complete chain of title back to lessor to the full interest claimed,and all advance payments of rental',made hereunder before receipt of said documents shall be binding on any direct or indirect assignee,grantee,devisee,administrator,executor,or heir of lessor.It is hereby agreed in the event this lease shall be assigned as to a part or parts of the above described lands and the assignee or assignees of such part or parts shall fail or make default in the payment of the proportionate part of the rents due from him or them,such default shall not operate to defeat or affect this lease insofar as it covers a part or parts of said lands which the said lessee or any assignee thereof shall make due payment of said rentals. All provisions hereof,express or implied,shall be subject to all applicable laws,governmental orders,rules and regulations.This lease shall not be terminated in whole or in part, nor lessee held liable in damages,because of a temporary cessation of production or of drilling operations due to breakdown of equipment or due to the repairing of a well or wells,or because of failure to comply with any of the express or implied provisions of this lease if such failure is the result of the exercise of governmental authority,war,lack of market,act of God,strike,fire,explosion,flood,or any other cause reasonably beyond the control of lessee.If lessee shall be prevented during the last six months of the primary term hereof from drilling a well hereunder by the order of any constituted authority having jurisdiction thereover,or if lessee should be unable during said period to drill a well hereunder due to equipment necessary in the drilling thereof not being available on account of any cause beyond the control of lessee,the primary term of this lease shall continue until six months after said order is suspended and/or said equipment is available,but the lessee shall pay delay rentals herein provided during such extended time. In the event lessor considers that the lessee has failed to comply with any obligations hereunder,express or implied,lessor shall notify lessee in writing,specifying in what respect lessor claims lessee has breached this lease.Lessee shall then have sixty(60)days after receipt of said notice within which to meet or commence to meet all or any part of the breaches alleged by lessor.The service of said notice shall be precedent to the bringing of any action by lessor on said lease for any cause,and no such action shall be brought until the lapse of sixty(60)days after service of such notice on lessee.Neither the service of said notice nor the doing of any acts by lessee aimed to meet all or any of the alleged breaches shall be deemed an admission or presumption that lessee has failed to perform all its obligations hereunder. Lessee may at any time surrender this lease,in whole or in part,by delivering or mailing a release to the lessor,or by placing a release of record in the proper county and thereby be relieved of all obligations as to the acreage surrendered and thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered herein is reduced by said release. Lessor hereby releases and relinquishes any right of homestead,dower or curtesy they or either of them may have in or to the leased land. Lessor hereby warrants and agrees to defend the title to the lands herein described,and agrees that the lessee shall have the right at any time to redeem for lessor,by payment,any mortgage,taxes,or other liens on the above described lands in the event of default of payment by lessor,and be subrogared to the rights of the holder thereof,and such payments may be deducted from any rental or royalties which may be payable to lessor hereunder. This lease and all its terms,conditions,and stipulations binds each executing lessor and shall extend to and be binding on his assigns,heirs,devisees and successors,and those of the lessee,though unsigned by other lessors named herein. IN WITNESS WHEREOF,We sign the day and year first above written. _ (SEAL) X (SEAL) PHYLLIS E. HOFF, a single woman (SEAL) (SEAL) 521-32-3964 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Arizona,Colorado,Idaho,Montana, STATE OF COLORADO Nebraska,Nevada, t ,Utah Wyomingorth Dakota Oregon South Dakota, Weld ACKNOWLEDGMENT—INDIVIDUAL COUNTY OF SS. BEFORE NIL,the undersigned,a Notary Public,iu and for said County and State.on this day of March ,199 personally appeared PHYLLIS E. HOFF, a single woman and ,to me known to be the identical person described in and who executed the within and foregoing instrument of writing and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires .------ — Notary Public Residing at: Arizona,Colorado,Idaho,Montana, Nebraska, orth Dakota, STATE OF South Dakota, Oregon Utah Wyoming ACKNOWLEDGMENT—INDIVIDUAL COUNTY OF SS. BEFORE ME,the undersigned,a Notary Public,in and for said County and Stale,on this day of ,19 ,personally appeared and ,to me known to be the identical person described in and who executed the within and foregoing instrument of writing and acknowledged to me that executed the same as free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires Notary Public Residing al: STATE OF ACKNOWLEDGMENT(For use by Corporation) COUNTY OF SS. On the day of ,A.D.,19 ,personally appeared before me ,who being by me duly sworn,did say that he is the President of ,a corporation,and that said instrument was signed in behalf of said corporation by authority of a resolution of its Board of Directors and said acknowledged to me that said corporation executed the same. WITNESS my hand and of licial seal. Notary Public My commission expires: Residing at: ST Al OF. (Certificate of Recording) 51.04:59 COUNTY OF. sS. this uui rtunem was tiled for record on the day of _... ,19 at _o'clock and recorded in Book. at Page_ of the records of this office. trei C.t) •1: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 I 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO March 6, 1991 Phyllis Hoff 1711 Fairacres Drive Greeley, CO 80631 Subject: USR-940 - Request for a Site Specific Development Plan and a Special Review permit for a greyhound kennel (maximum 150 dogs) on a parcel of land described as the NE4 of Section 33, T11N, R63W of the 6th P.M. , Weld County, Colorado Dear Ms. Hoff: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday April 2, 1991, 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 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 March 21, 1991, you or a representative should call me to obtain a sign to be posted on the site no later than March 22, 1991. 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, - � 191—' 91A1,7,1," Brian A. Grubb Current Planner p --- ROOF CO � 9 ROY ROMER he 4\` JERIS A. DANIELSON Governor �' !ice r� O' State Engineer * o t// n Nu" */ *1876 * OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303] 866=3589 May 1, 1991 Mr. Brian A. Grubb Weld County Planning Dept. 915 10th Street Greeley, CO 80631 Re: Hoff Site Plan Dear Mr. Grubb: Mrs. Phyllis E. Hoff has provided additional information concerning the above referenced site plan. The previous uses of the permitted well appear to exceed the uses related to raising dogs owned by Mrs. Hoff. Since this is not a commercial kennel where dogs owned by others would be raised or boarded, it appears that the conditions on the well permit can be met. In addition, Mrs. Hoff has indicated how any water left over in drinking containers would be reused to reduce water use. Based upon this additional information, I would recommend approval of the site plan. Sincerely, 4 . l�.�-- Ha l D. Simpson, P.E. Deputy State Engineer HDS/c1f:6863I cc: Alan Berryman, Division Engineer "-1 i )� 1991 Weld to, 713nn(tik wilstul 2 P ; a .= , April 29 , 1991 Greeley , Colorado Dear Sir : I respectfully request reconsideration of your determination in my case relating to the use of well permit #158812 in my proposed kennel . (Reference letter from State Engineer to Weld County on April 8 , 1991 . ) Following . I have given additional background infor- mation about the property , and water use to this time . Currently , I am operating on Well Permit Number 158812 , assigned 11-16-1990 . I feel I can live within the conditions of the permit , but would like to be able to supply my kennel from the well , and that the use would be considered of domestic animals . The farm, consisting of 160 acres , was homesteaded in 1904 by my great-grandfather . Sod was broken out , and a small farming operation began . Crops raised were those that could be harvested and stored for livestock feeding during the winter , plus a small amount of cash crop . Livestock promotion was in the nature of a cow-calf operation . Calves were sold as yearlings , and cows were pastured in the summer , and feed-supplemented during the winter . A small herd of milk cows was for family use . 0,15:,3';;° 91046:1 My Grandfather had to rent/lease other farm ground , as available , because there wasn ' t enough farm ground on the 160 acre home- stead to raise feed for cattle and other domestic animals . The well that they used was dug in 1904 , and accommodated all farm use , including approximately Eifty head of cattle , plus the needs of a family of six . There is no feasible way to return to the "historic and original use" pattern for the following reasons : 1 . There are only 37 acres of the 160 acres that can be farmed , and those acres are in the government CRP program, and can be neither planted , harvested , or pastured ; as directed by the government regulations . 2 . There is no rental/lease acreage available in the vicinity , due to the CRP program. 3 . The dryland pasture would accommodate only a small herd of cattle for the summer months , and there is no feed to winter them. 4 . As far as leasing the pasture to others , the current rate is $1 . 00 per head , per season , with available water implied . 5 . There is no well nor windmill on the pasture , therefore no water available for pastured livestock . 6 . There is no access to the farmyard well from the pasture , since housing and runs for the dogs have been built utilizing the farmyard . 91.tri r r CURRENT WATER USE : I have the only residence in the entire section of 640 acres . (MI residence is a mobile home , 12 ' x 60 ' . I have the only water well in the entire section , also . An average of 11/2 people are on site during the week . Presently , I am operating under well permit + 1`8812 , and find that this is entirely satisfactory and sufficient . My original petition to allow 150 dogs on the farm was reduced , by the County , to only 50 dogs . The dogs are my own, and I can live with the fifty stipulation . Since there would only be 50 dogs , there is no problem supplying them with crater . The dogs drink an average of less than one gallon of water per day , per dog , and any leftover water at changing time . would be carefully recycled as follows : 1 . Leftover water would be used to irrigate the garden which is planted in carrots , for the dog ' s diet . 2 . Leftover water is poured in a tank , sun-warmed , and used to bathe the dogs . 3 . Leftover water with disinfectant added is used to scrub the whelping barn stalls . 4 . Leftover water with herbicide added is applied to the outside perimeter fence lines for weed control . 5 . Leftover water with detergent added is used for a once-a-week scrub of all buckets used on the farm. 6 . Leftover water is used to wash (by hand) the carpets from the race kennel crates and from the dog trailer . 91.053% 191.017;69 PERSONAL CONCERN: I am a retired schoolteacher who found that living on one ' s retirement pension left a great deal to be desired . In this vein , and with much planning , I have invested all of my resources : time , money , and energy , in establishing a quality business that will supplement my pension income and permit me to reach my person goals . I also have a dream and a goal of making our family homestead into an upstanding community example of what hard work and desire can produce . My Grandparents had a fine reputation in this area of northern Colorado . and I hope that my success will be a reflection of them. In addition to contributing to the community • the constant property improvement and the success of the business will be an addtional resource for the county , obviously . Since I have friends and relatives in the area , I feel very much a part of the community , and plan, later , to build a permanent home on the farm . Thank you for your consideration in revising comments about my well to the County Planning Department . Sincerely , cY}t...s. 1�ire,, , Mrs . Phyllis E . Hoff (( 1711 Fairacres Drive Greeley , Colorado 80631 91.01:6 303-352-3996 °- �� 9 ROY ROMER ��e�.,",\, O', JERIS A. DANIELSON Governor # i * State Engineer ickv ,* OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 IT: FAX[303]866=3589 ti u `.( ? April 8 , 1991 L1,4 1 2199. \ U Mr. Brian A. Grubb [gId Cu Plntmrdu ;,,, �„��,,,, Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Hoff Site Plan NE1/4, Sec. 33, T11N, R63W Dear Mr. Grubb: We have reviewed the above referenced proposal to use a 160-acre tract as a greyhound kennel . The proposed water supply source is an existing well (Permit No. 158812) . This well is not permitted for the proposed commercial uses. We cannot recommend approval unless the applicant obtains a new permit for the well for commercial purposes. Since the property is located in an over-appropriated basin, a commercial well permit could not be issued without an augmentation plan approved in Water Court. Si cerely, r� ��i atin James C. McDanold, P.E. Senior Water Resources Engineer JCM/c1f:6628I cc: Alan Berryman, Division Engineer Bruce DeBrine (1,1 .!r. 1 r;, ID 1 e 141 7;`) STATE OF COLORADO COLORADO RACING COMMISSION 1560 Broadway,Suite 1540 oFcoto Department of Regulatory Agencies Denver,Colorado 80202 (303)894-2990 Hector Rene Ramirez Director •\.• x #1876. April 2, 1991 Roy Romer Governor Steven V. Berson Executive Director �111, dn. � �t�f) 611 Mr. Brian Grubb !aR 199! �. Department of Planning 915-10th Street Greeley, Colorado 80631 I tt to Re: Hoff Application \L_ . _ Dear Mr. Grubb: In response to our recent conversation concerning the application ofPhyllis E. Hoff for a kennel compound to be located in your jurisdiction, I have contacted several owners and trainers who are actively involved in kenneling and racing greyhounds. It is the opinion of the majority of these persons that it is essential to have at least one person available to care for every 25 racing greyhounds in order to ensure proper care and treatment. I also discussed the issue of how many persons were needed to care for the volume of animals in question with our Racing Commission State Veterinarian, Dr. Earl Carlson. Dr. Carlson concurred with the opinions given by the owners and trainers. He stated that in his professional opinion, at least one person would be needed for every 25 racing greyhounds just to provide a minimal level of care and humane treatment. Should you have any questions, please feel free to contact me. Sincerely, COLORADO RACING COMMISSION C0er Eddie Haefeli , Coordinator of Compliance 7625r `l) ri di;,i1) P1.11,W0.4 1:,AR 1991 I ) USE BY SPECIAL REVIEW APPLICATION s ix Department of Planning Services, 915 Tenth Street, Greeley, Coloradof��80631 � � Phone - 356-4000 - Ext. 4400 Case Number lieck q'1 4(7 Date Received 9,/ / / 01" / Application Ched by P5diCli Mylar plat submitted Application Fee (pnn . no Receipt Number _inn/ 9 / Recording Fee Receipt Number 7 TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: N c y Section 5 ,3 T / / N, R (D3 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: NET -1-g Section .3.3 T // N, R 4s�3 W Property Address (if available) 3 Z 'T 2: 5; (-VCR. i2.44 .0.25 7sinT2q PRESENT ZONE OVERLAY ZONES TOTAL ACREAGE _ / 6O rq PROPOSED LAND USE 0P9 cf. /tale-4J / /71-tree' EXISTING LAND USE (9 q 2 ; P u / t Li e e SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: _ Name: f:)h u l I r S E • H d F F Address: 1 '711 rail lac-re g IM =i Vt City GRCItitg , C cc.) . Zip 4'ozet i Home Telephone #.:3c). .— -S--e:-.S.9.94, Business Telephone # --- Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: P►-,y l l: S ti . H d F F Address: ri l l 1—R i 1 t ttereJL� 1:)1t i V e, City G—(C'e l y . Q-O ZiP 8e )4,'t ) 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 ) I e . ' � _.4 �, i Signature: Owner or Authorize gent Subscribed and sworn to before me this - 2,z day of -._y> /1-e, ,,, , 19 //. NOTARY PUBLIC P1_0,512 , My commission expires MYCommiss;nlfExpics Aug. 1, 1991 91047:ar) Gentlemen : I respectfully request your consideration of the following application for a Use for Special Review permit . I am planning to convert our family Homestead farm into a Greyhound Dog Kennel . The farm consists of 160 acres of dryland ground ; of which 37 acres are in the CRP program, and the rest is dryland pasture . The farm has not been productive , financially or otherwise , since 1972 when my grandfather passed away . To set up this dog farm, I am using only the present farmyard , corrals , and loafing pens , with accompanying older buildings . None of the pasture will be converted , and of course , none of the CRP acreage will be used . The farm is in an isolated area , located eleven miles north and fifteen miles east of Nunn , Colorado , or twelve miles west of Grover , Colorado . It is with a measure of family pride that I hope to be able to give new life to the old farm that my grandparents labored so diligently on during their entire married life . My need for expanded space and facilities will be accommo- dated by this plan , since the dogs need space and fresh air , and so that neighbors , otherwise , would not be disturbed by the dogs barking as they play . Also , there would be excellent space available for the training that is required . The surrounding properties are very similar in makeup to my property : dryland pasture and CRP fields . There are some cattle pastured in the area . . 'elf) Distance-wise , the closest residential structure to the north is 21/2 miles away; to the south-east , 11/2 miles , to the south, 71/2 miles , and to the west , 12 miles . As far as people using the property in question , there would be a maximum of two people at any one time working with the dogs . Most of the time , it will be only the Trainer who will be on site . There will be no employees hired , no shifts , and the hours of operation will be roughly from 6 : 00 a .m. , to 9 : 30 p.m. , with the exception of night racing which could lengthen the day to approximately midnight . Water source for the proposed use is a well , with the water system being recently redone . Access routes from the property to elsewhere , depend on the' weather conditions . From the farmyard , there is a lane leading north 800 feet onto WCR # 124 . From there we would go either west to highway 85 , or east to the Briggsdale road and west on highway 14 . The vehicles currently used are a Subaru station wagon , and a Toyota four-wheel drive pickup . The dog trailer is small , and made of aluminum and will hold eight dogs . These vehicles will , most likely , be in and out of property no more than twice a day, at the most . A new septic system was installed on the property in the late fall of 1990 . It has been inspected and passed by the Weld County Health Department . To meet the need of Fire Protection , each building will have a smoke alarm and fire extinguisher . In addition , w 91.001:6,1 hydrants have been installed in close proximity to the buildings along with appropriate length water hoses . Amaximum number of 150 dogs , or less , will be concentrated at any one time on the property . My goal is to have a contract kennel booking at, the racetracks within three years . and in that case , approximately thirty to forty dogs will always be housed at the racetracks , and will not be "at home" . The dogs that are left will be broods ; puppies , and dogs being trained to go on the track at seventeen or eighteen months of age . Waste (manure ) from the dogs is collected daily when the runs are "scooped " each morning . This is deposited in a plastic sack-lined five gallon bucket with a lid . and when it is full , it is securely tied at the top and collected to be hauled to the landfill . In the summertime , the collecting and hauling will be on a shorter schedule to eliminate insects and possible odor . As far as other storage is concerned , meat is purchased frozen and kept in two freezers . Meat is thawed overnight for use the next morning . Dry meal is purchased in fifty pound sacks for a week at a time . It will be kept in the garage , which has been converted for storage . The problem of storm water retention is taken care of by natural means of a very mildly rolling topography , and any water that might happen to fall from rain . in that quantity , would seep into the adjoining CRP plot which has a high vegetation cover . There has never been any flooding or wash-out damage on the farm. Removal of wastes and debris will be on a weekly basis . as mentioned previously , and it will be hauled to the landfill./, since s orii A : st eIrsil there is no trash-hauling service in the area . The landscaping plans will follow the plan put into action several years ago , with new plantings on the north for wind and snow protection . Trees and shrubs will be those provided by the Soil Conservation Office ; and planted as directed . Trees presently on the property will be trimmed . There has not been any erosion in the last few years , due to the CRP plot surrounding the farm- yard on the north and east . The only reclamation necessary , if for some reason the business fails , would be to remove the fences and posts that comprise the runs , the only reason that would be necessary would be to return the area to corrals for cattle , and I do not foresee going into the cattle business . Concerning the time table of construction , we have not really been "constructing" from the ground up, rather , we have taken the existing buildings , repaired and strengthened them , and added to them internally to house the dogs . We have had a small commercial dog house built because there wasn ' t any other building that lent itself to use by puppies . We would like to be in "full-swing" by mid-March , as that is when we will have some dogs ready to start racing at Cloverleaf . As a personal note , I plan to build a permanent home here , within the next ten years . In conclusion , I hope that you will understand that I am very anxious to take this beloved property and reclaim it by restoration and rebuilding , to the point that I think my ancestors would be very proud . I want the farm to have worth and value , since it has already sunk very low as far as valuation is concerned . I recognize that this can only result in increased assessment and valuation , but I am willing to accept this . and plan to hayslar aviessful farm that will support itself . As a retired school teacher , I am very excited to enter a new career with these dogs that I love very much . In addition , our reception from the community has been very positive , and I hope to be a contributing , supportive member of this community, in the best prairie spirit possible ! „./1.00,12 91.017:61 Page 3 Item 3 WELD COUNTY COMPREHENSIVE PLAN: I believe that my proposal is consistent with the Weld County Comprehensive Plan in that : 1 . The plan does not disrupt highway or local roa` travel . 2 . The farm is not located in an area of prime agriculture activity . 3 . There should be no costs to the Weld County taxpayers because there will be no additional public services required . 4 . There will be no public impact or public costs , but there is potential revenue in the form of increased taxes . 5 . The farm is located outside any Urban Growth Boundaries as shown on the map on page 32 in the Comprehensive Plan . t . There is no conflict for future land use related to the municipality of Grover , Colorado : the closest town , which is 12_ miles east of the farm . 7 . The farm is not located in a flood plain , and is not in a Geologic Hazard area . Allowance has been made for the conservation of productive agricultural land by involvment in the ASC program: CRP . Protection of the health ; safety and welfare of the inhabi- tants of the community will be insured by replacing outdated and worn electrical lines ; by installing a new septic system, and by putting in a new water system, plus a new propane fuel system. Since the dog farm will be utilizing only the farmyard itself , it will not be incompatible with the surround land uses . Thlisf eliA are mainly dryland pasture , and CRP plots . 5.3 111,l~/p-S I I ;could not anticipate that there will be any near-future development for this area , since it has remained relatively unchanged for the last sixty years , and since the nearest municipality is Grover , twelve miles east , it would not seem that the dog farm would have any effect on the growth of that particular town , since it is in a declining depressed state . In addition to not being in a flood plain or being a geologic hazard , the farm is also not in the Weld County Airport overlay district . 21.07;19 alaNn Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO C SION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Sl, Denver, Colorado 80203 (903) 868-3581 LR WELL PERMIT NUMBER 159812 _ APPLICANT DIV. L CNTY. -52 WD 1_ DES. BASIN MD APPROVED WELL LOCATION COUNTY WET,D PHYLLIS E HOFF NF 1/4 NE 1/4 Section 11 1711 FAIRACRES DR Twp 11 N , Range i w B_ P.M. GREELEY, CO 80631 DISTANCES FROM SECTION LINES Rnn Ft. from Nrrth Section Line 1 non Ft. from Ract Section Line REGISTRATION OF EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) This well is recorded, and permit approved, in accordance with CRS 37-92-602(5)for historic use as indicated herein and described in CRS 37-92-602(1)(b), being a well producing 3 GPM and used for ordinary household purposes inside 1 single family dwelling(s), fire protection, the watering of domestic animals, poultry and livestock on a farm or ranch, and the irrigation of not more than 200 square-feet of home gardens and lawns. 3) The average annual amount of ground water to be appropriated shall not exceed 1 acre-foot. 27).M.i/a-9O S C®P� ® 1.71.0,51?: 9,1_01:61 -now- APPROVED: AI M j , (�16bvuW..e�, ./f/• E d/2et _ State En ,r;rin N0V 1 9 19�� By CV Receipt No. 0319355 DATE ISSUED EXPIRATION DATE VI • • STATEMENT OF.EXISTING SEPTIC SYSTEM . • (PLEASE FILL OUT IN INK) • OWNER OF RECORD- y1 ll V `� L-- . H n F ! 7 MAILING ADDRESS: /°7'/) !-CL, //ea:,(? j�j��j !_ ei I n�j�eeleV L(q &3Q/yot /ni City Scare Zip SITE ADDRESS= S x722 Lire ) 2 � C..� U l'./h (A, 1.nn gC 17z cr City State Zip LEGAL DESCRIPTION: PT PT Section Township // Range � .S-- SUBDIVISION - LOT BLOCK FILING NUMBER OF PEOPLE: Bedrooms: 2 Bathrooms: / Water Supply ,. G-1J / /_ RESIDENTIAL. OR COMMERCIAL: /E>c „I a Lot Size: l 6 O Acre: SYSTEM -SIZE: Tank is Constructed ofC anc a ci and has 6 00 gals capacity \material) FIELD: Bed 5-4, 27'/ or Trench -/ / 9 sq . ft. D:te System. Installed:nral.— ;9a You are required to draw a diagram '-of the system on the reverse side of: flu,. form and indicate position, length, width, and distance from the dwelling, - The undersigned property owner hereby certifies that the above described septic system is Ili fact installed, as described, and exists at this time on the parcel of ground identified by the above legal .description and further states that the system is in good working order and to the best of his/her knowledge is not failing to function properly. • I- further understand that any falsification or, misrepresentation may result in revocation of any .. permit granted based upon this information hereby submitted and in legal action for perjury as provided by law.• -- • C' -' F _ / • Date - Owuer Subscribed and sworn to before me this , ^irN -day of ��'C.LLkti tlC t� , 19 /./ • z/ / by /r /�(G Witness my hand and official seal_ My commission expires MyCcrt".i"°CB E"a''eahug'1, 1991 F,41.0522 -----? - 7/ / Date - Notary Public 91.0461 -rrn!cNT OF EXISTING REVIEWED BY Envi.,:onmental Protection Speeiali ;r Unto GS Via; I- N T Q. C/1 � I a V Q `/1 (1/41 6 .2 d..M ` Q �1 I d a / I d � a I c_r _ -o i I a) RI Q 19 I t � � l � I I B 1256 REC 02205657 02/20/90 11 : 18 X5. 00 1/001 F 0708 MAT ANN FEUERSTEIN CLERK & Rr 3RDER WELD CO, CO OUIT CLAIM DEED THIS DEED is a conveyance from the individual named below as ,, GRANTOR to the individual named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTOR: BERNICE L. BEEMER, also known as BERNICE LOLA BEEMER, !. also known as LOLA BERNICE BEEMER, 1714 11th Avenue, Greeley , Colorado 80631 GRANTEE : PHYLLIS E . HOFF, 1711 Fairacre Drive, Greeley, Colorado 80631 CONSIDERATION: Gift. • FORM OF CO-OWNERSHIP: None. PROPERTY DESCRIPTION: The Northeast Quarter of Section Thirty- three (33) , Township Eleven (11) North , Range Sixty-three (63) West of the 6th P.M. , County of Weld, State of Colorado. RESERVATIONS-RESTRICTIONS : None. Signed on �EO U/)✓2p/ 3 , 1990 . • ATTEST: BERNICE L. BEEMER, 1 a/k/a BERNICE LOLA BEEMER �� -Ci a/k/a LOLA BERNICE BEEMER, Grantor STATE OF COLORADO ) ) ss. : COUNTY OF WELD ) The foregoing instrument was acknowledged before me this u day of February, 1990 , by BERNICE L. BEEMER, a/k/a BERNICE LOLA BEEMER, a/k/a LOLA BERNICE BEEMER, Grantor. My commission expires: 0 9-c2.)- 9O Witness my Hand and Official Seal . �O �� f'Ge'��n NotBry� Pub� . RITA C. ' 531.05:3.7, REED co% jo .?:1.0/7:6 'i 9l :;;:r(%@a FOF CON>) 12 J �� 17 5 ao 16 15� • 29 5 51 40 3, 5 Nip 31 i . 40 4 31 27 i `d q a ' 27 1 r r t Jq k 5 X131 t �b �.,' 1 S 1 62 62 a Y• ti� f` .047,,,,:',,11-: trt n 4 t rx '" q x 1y` ,}e S 7+`;9 az,:,,,,:,,,,,,::•44:45,,,':T +Y "t I.. a , 5 a 0 i by ,""'4 4q c r . f `,„4-=;,.. is t h 4, i4 i 5 » 4:":••;'''''').2? p +t' ?4"f'� r�€a"N ...,..7.,. .i.:...c `y' 7, �,y a� 4 5 L .:r � ,• " , '� .� .z .fib .. 622)61, ;; '_` IC" r , s"". ,4 ri )45•3135* - ^ AsF x ry., 5 45 t " ' • ;5% '' 54 �t '{:ti ,adt�,. 40 31 l,� � r of 29 .- . t '28 .<. ' . 7b t � i, 4 — a'} a Rf i f .k i •t.l 1 l L 4 4 "i • $14,t' l�T ;/!".4"1,'' y x.. .%3 • ar 3 { 5 �i+ 4 Y v '� � ^v*fi f ; m b ; 4 S ':q ' t#�. 5 i•✓ti. ci y a •rare A . S Ivs.0 � : '#:' old . ., J, a i 5 r ,. s, 1f : 3.+ b z . - p`s x ' s `; '12,;*, L I ?, e ''},. j 1. ,7zr f, y 1 r l �1 ��. d •�`• ,e r•'k` '". 6'144 'I'4 '41' -'�+ '4> tt`�.xrirm' y.‘"":"....110411%,ss,r,,�, �`' 1.5 c b Fstw E"y� �F 'r�x �� ' 140: 5 P •;:.• a! uyy x ° .( ₹ t '. ca'L" x e 1t t .,�1...�.C:t7 i. f 4 "y. �� , ' x <ro}R^,��.qq 11 s4_' Y1 4 kM .�¢ 1 3 • s � .� � � ra FY, -.- 4 4 e# }'' ''401,,,, tr ~,; ,7 *v e -• ' ` �¢b� ,t` �. rt iT a.' c b� y t.° ` _ '4 9, ill y, h t €: ' t M q. -s '{1^,f" • ,..,*!,O„..!!,,,,,,,,,,,8,•� 'J yy 1q } .--1P4-`,-"v" �.. A� h� J2 F1 SI 4 M , Y �. "yb I'.. `+; h Y5 Y. M�•4�1i M1' 29 A4° �. 5C kfiS � y r � �' a .�m� �, , s -.1.,*-,:. f + 5a k 'fit ;g c r MI` .' •I, s ti , ;4 I. �P. x .3r met ° ?`,l (loins sheet 17) 3/4 1/2 1/4 0 1 2 MILES ' 4—I —I--1 --) I I 1 1 0.5 0 ' 2 KILOMETERS SCALE 1.24000 Cl WELD COUNTY, COLORADO. NORTHERN PART N0. 5al.v y'r.,'T'rY N - Scc_33 - ti. H- fZca.rIge 103 13) clip n.. ".•1..24,r.r R -d- 1 �l. ! 3 e Weld County, Colorado, Northern Part 13 2t—s 4—Ascalon fine sandy loam, 0 to 6 percent slopes. 5—Ascalon fine sandy loam, 6 to 9 percent slopes. This deep, well drained soil is on smooth to moderately This deep, well drained soil is on moderately dissected dissected plains. It formed in calcareous loamy alluvium. to highly dissected plains. It formed in calcareous loamy Typically, the surface layer is dark brown fine sandy alluvium. loam 8 inches thick. The subsoil is sandy clay loam 14 Typically, the surface layer is dark brown fine sandy inches thick. The substratum to a depth of 60 inches or loam 6 inches thick. The subsoil is sandy clay loam 15 more is calcareous sandy loam. In some areas the inches thick. The substratum to a depth of 60 inches or surface layer is loam. more is calcareous sandy loam. In some areas the Included in this unit are small areas of Ascalon fine surface layer is loam. sandy loam that has slopes of 6 to 9 percent, Olney fine Included in this unit are.small areas of Altvan fine sandy loam, and Otero sandy loam. Also included are sandy loam, Cascajo gravelly sandy loam, and Peetz some areas of Rock outcrop. gravelly sandy loam. Also included are some areas of Permeability of this Ascalon soil is moderate. Available Rock outcrop. water capacity is high. Effective rooting depth is 60 Permeability of this Ascalon soil is moderate. Available inches or more. Runoff is slow to medium, and the water capacity is high. Effective rooting depth is 60 hazard of water erosion is slight to moderate. The inches or more. Runoff is medium to rapid, and the hazard of soil blowing is moderate. hazard of water erosion is high. The hazard of soil This unit is used as nonirrigated cropland and blowing is moderate. rangeland. Winter wheat is the main crop. This unit is used as rangeland and nonirrigated This unit is well suited to winter wheat, barley, oats, cropland. Areas of nonirrigated cropland are poorly and sorghum. Because precipitation is not sufficient for suited for use as rangeland and should be seeded to annual cropping, a cropping system that includes small adapted grasses. grain and summer fallow is most suitable. Precipitation The potential plant community on this unit is mainly usually is too low for crops on this unit to make efficient blue grama, western wheatgrass, sedges, and use of fertilizer. buffalograss. The average annual production of air-dry Maintaining crop residue on or near the surface vegetation ranges from 400 to 1,300 pounds. reduces runoff, reduces soil blowing, and helps to If the range is overgrazed, the proportion of preferred maintain soil tilth and organic matter content. Stubble- forage plants decreases and the proportion of less mulch farming, striperopping, and minimum tillage help to preferred forage plants increases. Therefore, livestock control erosion and conserve moisture. Terraces reduce grazing should be managed that the desired balance runoff and the risk of erosion and help to conserve of preferred species is maintained in the plant community. moisture. Range seeding is suitable if the range is in poor The potential plant community on this unit is mainly blue grama, western wheatgrass, sedges, and condition. The plants selected for seeding should meet buffalograss. The average annual production of air-dry the seasonal requirements of livestock or wildlife, or both. Other management practices that are suitable for vegetation ranges from 500 to 1,500 pounds. use on this unit are proper range use, deferred grazing, If the range is overgrazed, the proportion of preferred and rotation grazing. If the plant cover is disturbed, forage plants decreases and the proportion of less protection from erosion is needed. Loss of the surface preferred forage plants increases. Therefore, livestock layer results in a severe decrease in productivity and in grazing should be managed so that the desired balance the potential of the soil to produce plants suitable for of preferred species is maintained in the plant grazing. community. This unit is well suited to windbreaks and Range seeding is suitable if the range is in poor environmental plantings. Supplemental irrigation may be condition. The plants selected for seeding should meet needed when planting and during dry periods. the seasonal requirements of livestock or wildlife, or This map unit is in capability subclass Vle, both. Other management practices that are suitable for nonirrigated, and in Loamy Plains range site. use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover is disturbed, 6—Ascalon-Blakeland complex, 3 to 15 percent protection from erosion is needed. Loss of the surface slopes. This map unit is on alluvial and colluvial fans layer results in a severe decrease in productivity and in and on moderately dissected to highly dissected plains. the potential of the soil to produce plants suitable for This unit is 50 percent Ascalon fine sandy loam and grazing. 30 percent Blakeland loamy sand. The components of This unit is well suited to windbreaks and this unit are so intricately intermingled that it was not environmental plantings. Supplemental irrigation may be practical to map them separately at the scale used. needed when planting and during dry periods. Included in this unit is about 20 percent Bushman fine This map unit is in capability subclass IVe, sandy loam, Bresser sandy loam, and Wages fine sandy nonirrigated, and in Loamy Plains range site. loam. 21 0:571,r t;a? 'Li s PLANNING COMMISSION 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 PLANNING COMMISSION HEARING FOR CASE # THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN _ %0 SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELDrAt ) SUBSCRIBED AND SWORN TO BEFORE ME THI§A, DAY OF , 19 �� . SEAL NOT PUBLIC MY COMMISSION EXPIRES MyCommissan Expires Jan. 12,19ra LAST DAY TO POST SIGN IS: , 19 Q n3: ?, 01.z:1,3 :1,3 Hello