HomeMy WebLinkAbout930405.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
KENNEL AND FIELD TRAINING OPERATION FOR ENGLISH SPRINGER SPANIELS (MAXIMUM
40 DOGS AND MAXIMUM 300 GAME BIRDS) IN THE A (AGRICULTURAL) ZONE DISTRICT
- TIMOTHY A. AND SALLIE A. DEGROFF
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 5th
day of May, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the
purpose of hearing the application of Timothy A. and Sallie A. DeGroff, 55552
Weld County Road 23, Carr, Colorado 80612, for a Site Specific Development Plan
and Special Review Permit for a kennel and field training operation for English
Springer Spaniels (maximum 40 dogs and maximum 300 game birds) in the A
(Agricultural) Zone District on the following described real estate, to-wit:
Part of the NW* of Section 25, Township 10
North, Range 67 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, Timothy DeGroff, 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 Agricultural Goals and
Policies as set forth in the Weld County Comprehensive Plan.
The proposal will not remove any prime farmground from
production.
b. The proposal is consistent with the intent of the Agricultural
Zone District and is permitted as a Use by Special Review.
930405
PL0906
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SPECIAL REVIEW PERMIT - DEGROFF
PAGE 2
c. The uses which would be permitted will be compatible with the
existing surrounding land uses which include agricultural
production and pasture. The uses which would be permitted
will be compatible with the future development of the
surrounding area as permitted by the Agricultural Zone
District.
d. The applicant has demonstrated a diligent effort has been made
to conserve productive agricultural land in the locational
decision for the proposed use.
e. No overlay districts affect the site.
f. 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 kennel and field training operation for English
Springer Spaniels (maximum 40 dogs and maximum 300 game birds) 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. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 15 days of approval by the Board
of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
3. Prior to recording the Special Review Permit plat:
a. The applicant shall present evidence to the Department of
Planning Services that an I.S.D.S. evaluation has been
performed on any existing septic systems.
b. The plat shall be amended to show the game bird pen(s) .
930405
SPECIAL REVIEW PERMIT - DEGROFF
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 5th day of May, A.D. , 1993.
goy 1w A • BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL COUNTY,� COLORADO
Weld County Clerk to the Board [ r [�¢ne/ G.{ i�f'
Constance L. Ha e t, Chairman
BY: � ku(l I� I Y W( (AA
Deputy Cork to the Board W. Webster, P -Tem
APPROV AS TO FORM:
eorge Baxter
County Attorney Dale K. Hall
s in ,A
arbara J. Kirkmeyer
930405
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMOTHY A. AND SALLIE A. DEGROFF
USR #1003
1. The Site Specific Development Plan and Special Review Permit is for a
kennel and field training operation for English Springer Spaniels (maximum
40 dogs and maximum 300 game birds) in the A (Agricultural) Zone District
as submitted in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. The maximum permissible noise level shall not exceed the light industrial
limit of 70 dB(A) during the day, 65 dB(A) at night, as measured according
to 25-12-102, Colorado Revised Statutes.
6. Adequate toilet facilities shall be provided for the public.
7. Animal wastes shall be disposed of in such a manner as not to cause a
public health nuisance.
8. Any well must be located at least 100 feet from any septic system.
9. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
10. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
11. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
12. Personnel from the Weld County Health Department and Weld County
Department of Planning Services shall be granted access onto the property
at any reasonable time in order to ensure the activities carried out on
the property comply with the Development Standards stated herein and all
applicable Weld County Regulations.
930405
DEVELOPMENT STANDARDS - DEGROFF
PAGE 2
13. The Special Review area shall be limited to the plans shown herein and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards as
shown or stated shall require the approval of an amendment of the Permit
by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
14. The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
930405
HEARING CERTIFICATION
DOCKET NO. 93-23
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL
AND FIELD TRAINING OPERATION FOR ENGLISH SPRINGER SPANIELS (MAXIMUM
40 DOGS AND MAXIMUM 300 GAME BIRDS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - TIMOTHY A. AND SALLIE A. DEGROFF
A public hearing was conducted on May 5, 1993 at 10:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Lanell Adler
The following business was transacted:
I hereby certify that pursuant to a notice dated April 19, 1993, and duly
published April 22, 1993, in the Windsor Beacon, a public hearing was
conducted to consider the request of Timothy A. and Sallie A. DeGroff for
a Site Specific Development Plan and Special Review Permit for a kennel
and field training operation for English Springer Spaniels (maximum 40
dogs and maximum 300 game birds) in the A (Agricultural) Zone District.
Lee Morrison, Assistant County Attorney, made this a matter of record.
Lanell Adler, Planning Department representative, entered the favorable
recommendation of the Planning Commission into the record as written.
Timothy DeGroff, applicant, was present and stated the facility would be
a small, private operation to raise dogs for field trials. He said there
would be a small number of offspring because they would only supply the
local demand. Mr. DeGroff said the reason they requested a maximum number
of 40 dogs is because only one in twenty-five are competitive. In
response to questions of the Board, Mr. DeGroff said there is a wheat
field to the east and CRP land to the west, which he will use for
training. He said the closest residence is one-half mile south. Mr.
DeGroff said he has no problems with the Development Standards, and the
hours of operation will be from 8:00 a.m. to dark. He said the dogs will
be housed indoors, and there will be no night shooting. In response to a
question from Chairman Harbert, Ms. Swanson said there is a letter of
approval from the Division of Water Resources attached to staff's
recommendation. There was no public testimony offered concerning this
matter. Commissioner Webster moved to approve the request of Timothy A.
and Sallie A. DeGroff for a Site Specific Development Plan and Special
Review Permit for a kennel and field training operation for English
Springer Spaniels (maximum 40 dogs and maximum 300 game birds) in the A
(Agricultural) Zone District, based on the recommendations of the Planning
staff and the Planning Commission, with the Conditions of Approval and
Development Standards as entered into the record. The motion was seconded
by Commissioner Baxter, and it carried unanimously on a roll-call vote.
930405
c C '
RE: HEARING CERTIFICATION - DEGROFF
PAGE 2
This Certification was approved on the 10th day of May, 1993.
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.4244- P/44115“1
i APPROVED:
ATTEST: '�'�"f /5� '4/"W,�/ i_ BOARD OF COUNTY COMMISSIONERS
�71 WEL COUNTY, COLORADO
Weld County Clerk to the Board
� 0 C YJ I�Pn � eLye G��
By: �LQ A� , Len. Constance L. jlarbert, C airman Deputy Cl&k to the Board aAfk ' / I ,j
W. Hppp Webster, Pro- em
TAPE #93-16 9 � x
George /Batter
DOCKET #93-23
Dale K. all
PL0906 ALLAJ,L
ra J. Kirkmeyer O
930405
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5th DAY OF May 1993:
DOCKET 0 93-23 - USR, Timothy A. and Sallie A. DeGroff
DOCKET 0 93-24 - Amended USR, Fagerberg Produce
DOCKET II
DOCKET II
PLEASE write or print your name legibly, your address and the DOCKET II (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
i-Lii6r, +PI d Luce d3 P.r.r< et a &/)._ iA o :0(6
v
9;30.le5
NOTICE
The Board of County Commissioners of Weld County, Colorado, on May 5, 1993,
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: Timothy A. and Sallie A. DeGroff
55552 Weld County Road 23
Carr, Colorado 80612
LEGAL DESCRIPTION: Part of the NW* of Section 25, Township 10 North,
Range 67 West of the 6th P.M. , Weld County,
Colorado
TYPE AND INTENSITY
OF APPROVED USE: A kennel and field training operation for English
Springer Spaniels (maximum 40 dogs and maximum 300 game
birds) in the A (Agricultural) Zone District
SIZE OF PARCEL: 5 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:
Deputy Cterk to the Board
PUBLISHED: May 13, 1993, in the Windsor Beacon
S 01 e5
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss
COUNTY OF WELD
I, KEITH HANSEN, of said County of Weld, being duly
sworn, say that I am publisher of
WINDSOR BEACON
a weekly newspaper having a general circulation in said
County and State, published in the town of WINDSOR,
in said County and State; and that the notice, of which
ROTS JrarsMI aid SNtraining the annexed is a true copy, has been published in said
yamN..Ow English weekly for e'sS____successive weeks, that the notice
The Sand ais Caaelp_.im(maximum
dogs and was published in the and entire issue of every
We (maatmum 40 dope end regular
County, Colorado, on maximum 300 pens number of the paper during the period and time of
May 5, 1993, birds) In Ma A publication, and in the newspaper proper and not in a
conditionally approved a (Agricultural) tom supplement, and that the first publication of said notice
Site- Specific District
PP
Davyspment Man and was in said paper bearing the date of the
'petal Review Permit SIZE OF PARCEL: 5
for las property and eves,more or lest /3 day 7}J'
pwpese described of �/ , A.D., 19 Cf 3 and
bedew. Conditional I Failure to abide by the the last publication bearing the date of the
appreyat of this plan..tams and condttlem-of
Meatss • vested approval will resell in a day of A.D., 19 and
property right Pummel to Mdeddre of the veiled that the said WINDSOR BEACON has been published
NOSH 68 of Title.24, prepetty dpht.
Cita,as emended,for continuously and uninterruptedly for the period of 5
spaded otthree yearn BOARD OF COUNTY consecutive weeks, in said County and State, prior to the
COMMISSIONERS, date of first publication of said notice, and the same is a
APPLICANT:Tbtelty S' WELD COUNTY,
ad Saute A. D.Gro5,,COLORADO newspaper within the meaning of an Act to regulate
51552 Weld .County, printing of legal notices an advertisements, approved
Redd 23,Cart,Colorado BY: DONALD D. May 18, 1931, and all prior cts ar as in force.
IOW WARDEN, CLERK TO
THE BOARD
LEGAL DESCRIPTION: /J I(
PER of the "114 et BY:SHELLY IC MILLER,
Sean 25,Township 10 Deputy Clerk to the
NOS Range 67 Wee et Board ' P LISHER
tat 6th P.M., Weld ,/
Ow*,Colorado Published In the Subscribi'71.1-1/
edd and sworn to before me this �'7 day
TYPE AND agov AMde•r Beacon on of /,'/ ,Lye ,�y�-7 /1/-9��
OF APPFiOVW ll A iN/. _ __ �/'/Jetto--C/ l/� . 1/ ; r pvcd
NOTARY PUBLIC My commission expires 914--0-77 2- //1/9'9 cP .
950.105
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: 93-23 APPLICANT
Timothy A. and Sallie A. DeGroff
55552 Weld County Road 23
Carr, Colorado 80612
DATE: May 5, 1993
TIME: 10:00 a.m.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
kennel and field training operation for English Springer Spaniels
(maximum 40 dogs and maximum 300 game birds) in the A (Agricultural)
Zone District
LEGAL DESCRIPTION: Part of the NW! of Section 25, Township 10 North, Range
67 West of the 6th P.M. , Weld County, Colorado
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld
County Road 112
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly K. Miller
Deputy Clerk to the Board
DATED: April 19, 1993
PUBLISHED: April 22, 1993 in the Windsor Beacon
¶10A:C'5
E;ch�b:t b
LEGA. .ESCRIPTION:
Past of the NW 1/4 of
Section 25,Township 10
Nola.IS 67 West of
the 6th P.M., Weld
Comfy,Colorado AFFIDAVIT OF PUBLICATION
RUM
LOCATION: East of STATE OF COLORADO
Pursuant to the zoning Weld County Road 23,
laws of the State of approximately.6 miles ss
Colorado and the Weld north of Weld County COUNTY OF WELD
County Zoning Road 112
Ordinance, a public
hearing will be held in BOARD OF COUNTY I, KEITH HANSEN, of said County of Weld, being duly
the Chambers of the COMMISSIONERS, sworn, say that I am publisher of
Board of County WELD COUNTY,
Commissioners of Weld COLORADO
County,Colorado,Weld WINDSOR BEACON
County Centennial BY:.. DONALD D.
Corder,915.101h.Street,.,WARDEN,—.-_w:w:. a weekly newspaper having a general circulation in said
First Floor, Greeley, COUNTY CLERK TO
Colorado, at the time THE BOARD County and State, published in the town of WINDSOR,
'peened.Alt person in in said County and State; and that the notice, of which
my wanner Interested In BY: Shelly K. Miller, the annexed is a true copy, has been published in said
the Site Specific Deputy Clerk to the weekly for / _successive weeks, that the notice
Development Plan and Board
Special Review Permit was published in the regular and entire issue of every
are requested to attend Published in the number of the paper during the period and time of
and may be heard. Windsor Beason on publication, and in the newspaper proper and not in a
Should the Apra 22,1913.Sho applicant or supplement, and that the first publication of said notice
any interested party was in said paper bearing the date of the
desire the presence of•
courtreporter to make a 2;4441
record of the day of , A.D., 19 9S and
proceedings, in addition the last publication be ring the date of the
to the taped record
wntdt will be kept during
the hearing,the Clerk to day of , A.D., 19_ and
the Board's Office shall that the said WINDSOR BEACON has been published
be advised In writing of continuously and uninterruptedly for the period of 5
such action at least five consecutive weeks, County in said and State, prior to the
days prior to the
hearing. The cost of date of first publication of said notice, and the same is a
engaging a court newspaper within'the meaning of an Act to regulate
reporter shall be borne printing of legal notices an advertisements, approved
by the requesting May 18, 1931,and all prior cts ar as in force.
BE IT ALSO KNOWN
the text
that and maps
so certified by the Weld
County Planning
Commission may be P USHER
examined in the office ofthe .� /
County Coommissioner the Board s Subscri d' and sworn to before me this �—t(' nf: day
located in tho Weld of C�lAw,.�P 19
County Centennial `YY
Center,915 10th Street,
Third Floor, Greeley,
Colorado. - NOTARY PUBLIC DOCKET NO: 93-23 My commission expires
C91 ,2 G/ /�f e'
C /
APPLICANT:Timothy A.
and Sallie A. DeGroti,
65552 Weld County
• Road 23,Cart,Colorado
80612
DATE:May 5,1993
TIME:10:00 am.
REQUEST: A Site
Specific Development
Plan and Special
Review Permit for a
kernel and field training
operation for English
Springer Spaniels
(maximum 40 dogs and
maximum 300 game
biros) M the A
(Agrlo#Neral) Zone
Mitltl
9 0405
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #93-23, was placed in the United States mail, postage
prepaid, addressed to the following property owners.
DATED this / � day of f JjOA,Q 9 , 1993.
Le
Deputy Clerk the Board
J.R. DIAMOND FARMS
15627 WELD COUNTY ROAD 108
NUNN, CO 80648
THELMA HUTCHISON
54947 WELD COUNTY ROAD 23
CARR, CO 80612
UNION PACIFIC LAND RESOURCES CORPORATION
P.O. BOX 2500
BROOMFIELD, CO 80020
TIMOTHY A. AND SALLIE A. DEGROFF
55552 WELD COUNTY ROAD 23
CARR, CO 80612
93;041165
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
April 6, 1993
Page 4
Jean Hoffman moved Case Number Amended USR-786, Fagerberg Produce, be forwarded
to the Board of County Commissioners with the Planning Commissions recommendation
for approval. Bud Clemons seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Judy
Yamaguchi -. yes; Don Feldhaus - yes; Bud Clemons - yes . Motion carried
unanimously.
COMMENT: Richard Kimmel - I'll agree with Lynn, it's one of the best kept
places there is around. It's real nice to see something like that.
CASE NUMBER: USR-1003
NAME: Timothy A. and Sallie A. DeGroff
ADDRESS: 55552 Weld County Road 23, Carr, CO 80612
REQUEST: A Site Specific Development Plan and a Special Review permit for a
Kennel and Field Training Operation for English Springer Spaniels
(maximum 40 dogs and maximum 300 game birds) in the A (Agricultural)
zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T10N, R67W of the 6th
P.M. , Weld County, Colorado.
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld
County Road 112.
Timothy DeGroff, applicant, explained they plan to convert an existing wheat
building to house the dogs. With this proposal they hope to meet the increased
demand for field trials for Springer Spaniels and English Cocker Spaniels in this
area.
Bud Clemons asked what type of game birds they proposed to use. Timothy DeGroff,
said pigeons, which the Division of Wildlife has listed as vermin, and
occasionally ring necked pheasants. Judy Yamaguchi asked about the demand for
this type of dog. Timothy DeGroff said springer spaniels are a versatile breed
and have adapted to this type of sport. Unlike other larger breeds they also do
well in households. Jean Hoffman asked if these dogs will be used as private
sporting dogs. Timothy DeGroff said yes, they would not be sold in pet stores.
They are specifically bred and sold as gun/hunting dogs for private use only.
A top of the line dog will sell for $300 to $500 a dog, this is a high quality
operation. Bud Clemons asked if the applicant lived on the property. Timothy
DeGroff said yes. Richard Kimmel asked how many acres the property consisted of.
Timothy DeGroff said 5 acres. He also said their nearest neighbor is at least
1/2 mile away, there are no buildings except fencing, and the dogs will be housed
totally inside the converted grainery building which includes fans, lighting,
etc.
SSO4C$
Lerch 1-); 4- 0.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
April 6, 1993
Page 5
Bud Clemons asked how much gunfire this type of operation would generate.
Timothy DeGroff said quite a bit. Jean Hoffman asked about noise levels. Lanell
Adler explained staff was not concerned due to the location of the property.
Don Feldhius moved to forward Case Number USR-1003, Timothy A. and Sallie A.
DeGroff, to the Board of County Commissioners with the Planning Commission' s
recommendSion for approval. Jean Ho₹tman seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Judy
Yamaguchi - yes; Don Feldhaus - yes; Bud Clemons - yes. Motion carried
unanimously.
Meeting adjourned at 2:39 p.m.
Cryn
pest submit
.
" Secretary
:ter ,
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION it ' `t
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY' COMMISSTOPTERS2 r4�
Moved by Don Feldhaus that the following resolution be introduped -fbr passage by
the Weld County Planning Commission. Be it resolved by the:We: d County Planning
Commission that the application for:
CASE NUMBER: USR-1003
NAME: Timothy A. and Sallie A. DeGroff
ADDRESS: 55552 Weld County Road 23, Carr, CO 80612
REQUEST: A Site Specific Development Plan and a Special Review permit for a
Kennel and Field Training Operation for English Springer Spaniels
(maximum 40 dogs and maximum 300 game birds) in the A (Agricultural)
zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T1ON, R67W of the 6th
P.M. , Weld County, Colorado.
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld
County Road 112.
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 Agricultural goals and policies
as set forth in the Weld County Comprehensive Plan. The proposal
will not remove any prime farmground from production.
The proposal is consistent with the intent of the Agricultural zone
district and is permitted as a use by special review.
The uses which would be permitted will be compatible with the
existing surrounding land uses which include agricultural production
and pasture. The uses which would be permitted will be compatible
with the future development of the surrounding area as permitted by
the Agricultural zone district.
The applicant has demonstrated a diligent effort has been made to
conserve productive agricultural land in the locational decision for
the proposed use.
No overlay districts affect the site.
RESOLUTION, USR-1OO3
Timothy A. and Sallie A. DeGroff
Page 2
Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood
and County.
This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review permit shall be
adopted and placed on the Special Review plat prior to recording the plat.
The plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder' s office within
15 days of approval by the Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the Special Review plat
is ready to be recorded in the office of the Weld County Clerk and
Recorder.
3. Prior to recording the Special Review permit plat:
the applicant shall present evidence to the Department of Planning
Services that an I.S.D.S. evaluation has been performed on any
existing septic systems.
the plat shall be amended to show the game bird pen(s) .
Motion seconded by Jean Hoffman.
VOTE:
For Passage Against Passage
Richard Kimmel
Jean Hoffman
Judy Yamaguchi
Don Feldhaus
Bud Clemons
The Chairperson 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.
RESOLUTION, USR-1003
Timothy A. and Sallie A. DeGroff
Page 3
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
6, 1993.
Dated t , 1993
ta .
Secretary
9c 7.O4e5
4e5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Timothy A. and Sallie A. DeGroff
USR-1003
1. The Site Specific Development Plan and Special Review permit is for a
Kennel and Field Training Operation for English Springer Spaniels (maximum
40 dogs and maximum 300 game birds) in the A (Agricultural) zone district
as submitted in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. The maximum permissible noise level shall not exceed the light industrial
limit of 70 dB(A) during the day, 65 dB(A) at night, as measured according
to 25-12-102, Colorado Revised Statutes.
6. Adequate toilet facilities shall be provided for the public.
7. Animal wastes shall be disposed of in such a manner as not to cause a
public health nuisance.
8. Any well must be located at least 100 feet from any septic system.
9. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
10. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
11. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
DEVELOPMENT STANDARDS
Timothy A. and Sallie A. DeGroff
USR-1003
Page 2
12. Personnel from the Weld County Health Department and Weld County
Department of Planning Services shall be granted access onto the property
at any reasonable time in order to ensure the activities carried out on
the property comply with the Development Standards stated hereon and all
applicable Weld County Regulations.
13. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards as
shown or stated shall require the approval of an amendment of the Permit
by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
14. The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
930495
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Timothy A. and Sallie A. DeGroff Case Number: USR-1003
Submitted or Prepared
Prior
to Hearing At Hearing
1. Application 7 pages X
2. 1 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. 3 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. March 29, 1993, referral from State Engineers X
Office approving request
12. One page Amendment to application regarding X
game birds
13. March 22, 1993, internal case memo regarding X
recommendation of denial by State Engineers
Office
14. March 18, 1993, field check from Richard Kimmel, X
Planning Commission member
15. March 17, 1993, referral from Nunn Fire X
Department
16. March 17, 1993, referral from Weld County X
Engineers Office
17. March 15, 1993, referral from State Engineers X
Office
18. March 11, 1993, referral from Weld County X
Health Department
19. March 10, 1993, letter to applicant X
I hereby certify that the 19 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
„ortrg Qlerk to the Board' s office on April 9, 1993.
` ,
0C• a tit i•�e re t Pla( e.
Jam•'•. P~.
%.i.SD'PAfl OLORADO )
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COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS J:41day of • L 19 _
SEAL
NOT Y PURL
N:' Caa issi 1. rm Noveith f "'
My Commission Expires f " 21,15s 9:;04,-,5
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EXHIBIT INVENTORY CONTROL SHEET
Case( r/ct3 L -— Li, to '. .j 4,16
Exhibit Submitted By Exhibit Description
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STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources woe eo��
Department of Natural Resources �Q���ol
'\ /
1313 Sherman Street, Room 818 ��r896 w
Denver,Colorado 80203
Phone(303)866-3581
Roy Romer
FAX(3031866-3389 Governor
Ken Salazar
Executive Director
March 29, 1993 Hal D.Simpson
State Engineer
Ms. Lanell J. Adler
Weld County Department of Planning Services
910 10Th Street •
Greeley, CO 80631
Re: DeGoff, Timothy A. & Sally A.- Change of Use, USR-1003
NW1/4 Sec. 25, T10N, R67W, 6TH PM
W. Division 1, W. District 3
Dear Ms. Adler:
The applicant has supplied additional information detailing the nature of the proposed dog
kennel to be established on a 5 acre parcel. All of the dogs will be owned by the applicants and
there will be no boarding at this kennel. Since, based on this new information, this does not
appear to be a commercial operation, the existing well may serve this facility. Based on this new
information, we have no objection to the proposal and recommend approval.
If you have any questions in this matter, please contact me.
Sincerely,/51tity
SCLw'
John Schurer, P.E.
Senior Water Resource Engineer
JS/degoff
cc: Alan Berryman, Division Engineer
Bruce DeBrine
APR 0 1 1993 I
,
950105
‘011121.3z;,
v " y PARTM OF PL'ANNINC4 ERVICES
V' PfNgv1I:4•3)353- 5, EXT. 3540
ng APR 15 1993 I w co �{sTR E OFFICES
) � 0 N. H AVENUE
C yILL'"NH r qty plikgnk J C RADO 80631
COLORADO inn,n o` 8za9zsetr46.
March 10, 1993 CASE NUMBER: USR-1003
TO WHOM IT MAY CONCERN:
Enclosed is an application from Timothy A. and Sallie A. DeGroff for a Site
Specific Development Plan and a Special Review permit for a Kennel and Field
Training Operation for English Springer Spaniels (maximum 40 dogs) in the A
(Agricultural) zone district. The parcel of land is described as part of the NW4
of Section 25, T1ON, R67W of the 6th P.M. , Weld County, Colorado. The location
of the parcel of land for which this application has been submitted is east of
Weld County Road 23, approximately .5 miles north of Weld County Road 112.
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
24, 1993, so that we may give full consideration to your recommendation. Please
call Lanell J. Adler, 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. IV 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: ! ,wa, ,4" 41nrmz r7 Agency: /A..5.44//
c 'sc tG�J
Date: /t/ 7C, 73
n ^/n P
' .J
WELD COUNTY HEALTH DEPART? r +?-.r1 FEE $10.00:
ENVIRONMENTAL PROTECTION SraVICES SOE s: 7/05-+7
1517 16th Avenue Court ' MM .:
Greeley; Colorado -80631 WeldCounryHeahhDepar nt ISDS t: 02/—Z3
(303)353-065 REPAIR is
•
STATEMENT OF EXISTING FOR SEPTIC _SYSTEM 452-/003
(PLEASE FILL OUT IN BLACK INK ONLY) , /
OWNER OF RECORD: F na7 y frig.krA. _SG1II(o 4 . E4-0 GYce PHONE: 877 23 7Y
// c ti m,,,..1 ,„- ',
MAILING ADDRESS1 SrSS`_c .._uh -.2 3 Coyle �'n l//e) Pdeiz
A City Stat, zip
SITS ADDRESS: $a-vne a S Ab Oil P
y City State Zip
LEGAL DESCRYP ON: PT: AI WgPT: w SECTION: 2.5- TOWNSHIP: )0 N RANGE:�W
„. t.
SUBDIVISION: I 1 i % /*' LOTry_ BLOCK: FILING:1,1,WQ 1C NUMBE'OFfPEOPLE: 2 I BED MS:_ BATHROOMS: � (R Z WATER SUPPLY: 14 e__1(
RESIDENTIAL / COMMERCIAL :::,BASEMENT PLUMBING:(::) N LOT SIZE: S acres
SYSTEM-SIZE�+Tank,is constructed of 54?e Ld and-has ' 767) gallons capacity f
A?* - ee, OCi9ifal (material) See ot,s,ti�
FIELDS Bed j }± + or Trench" square feet. DATE SYSTEM INSTALLED: Pen,* /La
fit=' ri1,15
PYontareSr ied 'to draw a diagram of the system on the reverse side of this form in
�.= black' inklyaadtindicate_location, length, width, and distance from the dwelling.
n`' ".The undersigned property oWdeWier4dy certifies'that the above described septic system
--;W :,--is in fact 'installed, as 'deit ibe3 and exists at this time on the parcel of ground
identified by'the above lgga`X"Zescription and fur Ets,tates .that the system is in good
working order and to the of hiSiher knowledge t failing to function properly.•I further understand that alsi oi cation pc misrepresentaation may result in revocation
� , p
of any permit granted based-upon . s Ilfomhation hereby submitted and in legal action
for perjury as provided b17 law.
Date it Owner
sub'Otibed an&..sworn to before me this , (111->" day of r\ 1 , 1992,
ti i2 tc .1)\ . (a.C9nif t &11ie_ N-
f .
_. Wit' .s§ ' iiApd land official seal. ssion expires• My . 1h l
s : 9, I as
Date N Pu is
/
STATEMENT OF EXISTING REVIEWED BY:
Environmental Protection Specialist
934('5
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT
PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS
DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
BOARD OF COUNTY COMMISSIONERS SIGN POSTING GFRTIFICATF,
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS
BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE fi HS2 j Q t J
THE SIGN WAS POSTED BY: C
NAME OF PERSON POSTING SIGN
SI NATURE OF APPLICANT �F V
STATE OF COLORADO )
ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THISCXIel!!""*/ DAY OF - \2c, l , 19 I c� .
SEPL
cm „pc
NO UBLIC
MY COMMISSION EXPIRES My commission expires Mar. 11, 199 ,
LAST DAY TO POST SIGN IS: , 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
DATE: April 6, 1993
CASE NUMBER: USR-1003
NAME: Timothy A. and Sallie A. DeGroff
ADDRESS: 55552 Weld County Road 23, Carr, CO 80612
REQUEST: A Site Specific Development Plan and a Special Review permit for a
Kennel and Field Training Operation for English Springer Spaniels
(maximum 40 dogs and maximum 300 game birds) in the A (Agricultural)
zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T10N, R67W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld
County Road 112.
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 Agricultural goals and
policies as set forth in the Weld County Comprehensive Plan.
The proposal will not remove any prime farmground from
production.
The proposal is consistent with the intent of the Agricultural
zone district and is permitted as a use by special review.
The uses which would be permitted will be compatible with the
existing surrounding land uses which include agricultural
production and pasture. The uses which would be permitted
will be compatible with the future development of the
surrounding area as permitted by the Agricultural zone
district.
The applicant has demonstrated a diligent effort has been made
to conserve productive agricultural land in the locational
decision for the proposed use.
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.
9. 0405
RECOMMENDATION
Timothy A. and Sallie A. DeGroff
USR-1003
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.
The Department of Planning Services' staff recommendation for approval is
conditional upon the following:
1. The attached Development Standards for the Special Review permit
shall be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's office within 15 days of approval by the Board
of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
3. Prior to recording the Special Review permit plat:
the applicant shall present evidence to the Department of Planning
Services that an I.S.D.S. evaluation has been performed on any
existing septic systems.
the plat shall be amended to show the game bird pen(s) ,
.7 �fiL5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Timothy A. and Sallie A. DeGroff
USR-1003
1. The Site Specific Development Plan and Special Review permit is for a
Kennel and Field Training Operation for English Springer Spaniels
(maximum 40 dogs and maximum 300 game birds) in the A (Agricultural)
zone district as submitted in the application materials on file in the
Department of Planning Services and subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
3 . All liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater
contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. The maximum permissible noise level shall not exceed the light
industrial limit of 70 dB(A) during the day, 65 dB(A) at night, as
measured according to 25-12-102, Colorado Revised Statutes.
6. Adequate toilet facilities shall be provided for the public.
7. Animal wastes shall be disposed of in such a manner as not to cause a
public health nuisance.
8. Any well must be located at least 100 feet from any septic system.
9. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
10. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
11. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
94:01e5
DEVELOPMENT STANDARDS
Timothy A. and Sallie A. DeGroff
USR-1003
Page 2
12. Personnel from the Weld County Health Department and Weld County
Department of Planning Services shall be granted access onto the
property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards stated
hereon and all applicable Weld County Regulations.
13. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County
Regulations . Major changes from the plans or Development Standards as
shown or stated shall require the approval of an amendment of the Permit
by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office
of the Department of Planning Services.
14. The property owner or operator shall be responsible for complying with
all of the foregoing Development Standards. Noncompliance with any of
the foregoing Development Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
Ut 0105
( _ t
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
�pF;COQ�\
Division of Water Resources ;F -- .,a
Department of Natural Resources v, -. - ' of
* j *
s "
1313 Sherman Street,Room 818 •_Ian,•
Denver,Colorado 80203
Phone(303)866-3581 Roy Romer
FAX(303)866-3589 Governor
Ken Salazar
Executive Director
March 29, 1993 Hal D.Simpson
State Engineer
Ms. Lanell J. Adler
Weld County Department of Planning Services
910 10Th Street •
Greeley, CO 80631
Re: DeGoff, Timothy A. & Sally A.- Change of Use, USR-1003
NW1/4 Sec. 25, T10N, R67W, 6TH PM
W. Division 1, W. District 3
Dear Ms. Adler:
The applicant has supplied additional information detailing the nature of the proposed dog
kennel to be established on a 5 acre parcel. All of the dogs will be owned by the applicants and
there will be no boarding at this kennel. Since, based on this new information, this does not
appear to be a commercial operation, the existing well may serve this facility. Based on this new
information, we have no objection to the proposal and recommend approval.
If you have any questions in this matter, please contact me.
Sincerely, c irriAj CiAA1Vt ti()
John Schurer, P.E.
Senior Water Resource Engineer
JS/degoff
cc: Alan Berryman, Division Engineer
Bruce DeBrine
APR -
0 1 199 'L----
., .-e a __e-. .tItt.nniA.
KO 1r5
Weld Casty Road 23, AFFIDAVIT OF PUBLICATION
appeoaMWay .5 miles
north ei Wild County
Road 112. STATE OF COLORADO
ss
SIZE:5 acres, more or COUNTY OF WELD
less.
The public hearing will I, KEITH HANSEN, of said County of Weld, being duly
be held in the Weld sworn, say that I am publisher of
County Commissioners'
Hearing Room, First
Floor, Weld County WINDSOR BEACON
Centennial Center, 915
Tenth Street,Greeley, a weekly having general circulation in said
Colorado. Comments or newspaper er P P a
objections related to the County and State, published in the town of WINDSOR,
above request should in said County and State; and that the notice, of which
be submitted in writing the annexed is a true copy, has been published in said
to the Weld County
Department of Planning weekly for / _successive weeks, that the notice
Services, 915 Tenth was published in the regular and entire issue of every
Street, Room 342, number of the paper during the period and time of
Greeley, Colorado
80631,before the above publication, and in the newspaper proper and not in a
date or presented al the supplement, and that the first publication of said notice
NOTICE OF PIIRI rr public hearing on April was in said paper bearing the date of the
HEARING 6,1993. /Qy � /�,,
The Weld County Copies of the / r/ day of // t2A--c4.- , A.D., 19 ' 3 and
Planning Commission application are available the last publication bearing the date of the
will hold a public hewing for public Inspection in
on Tuesday, April 6, the Department of
1993, at 1:30 p.m. for Planning Services,1400 day of , A.D., 19_ and
the purpose of N. 17th Avenue, that the said WINDSOR BEACON has been published
considering a Site Greeley, Colorado continuously and uninterruptedly for the period of 5
Specific Development 80631 - Phone - 353-
Plan and a Special 3845,Extension 3540. consecutive weeks,in said County and State, prior to the
Review permit for the date of first publication of said notice, and the same is a
property described Judy Yamaguchi, newspaper within'the meaning of an Act to regulate
below. Approval of the Chairperson, Weld
request may create a County Planning printing of legal notices an advertisements, approved
vested property right Commission May 18, 1931, and all prior cis ar as in force.
pursuant to Colorado /
Law. Published in the
Windsor Beacon on ,{;J/
APPLICANT:Timothy A. March 1%1993 - L "'�
and Sallie A.DeGro9 P BLISHER qq LEGAL DESCRIPTION: Subscri td and sworn to J before me this O2it-L
Part of the NW1/4 of day
Section 25, T10N, of 6Lt. at_- 19_
R67W of the fith P.M.,
Weld County,Colorado. �CG�.aPe X' 7xry
TYPE AND INTENSITY • NOTARY PUBLIC
OF PROPOSED USE:A �l
Kennel and Field My commission expires c-N .2) "I9'
Training Operation for J/ / — '
English Springer
Spaniels (maximum 40
dogs) in the A
• (Agricultural) zone
district.
LOCATION: East of
•I V J'
MAR S V 1993 U
14 n_ (J��•nia„rend•
•
AMMENDMENT TO USR 1003
USE BY SPECIAL REVIEW
Timothy A. and Sallie A. DeGroff
March 22 , 1993
REQUESTED ADDITIONAL INFORMATION:
We plan to maintain a flight pen on the premises to hold
feral pigeons , purchased from various sources , for use in
training. The number of birds will vary from less than
fifty to a maximum of three hundred , depending on availibility
and training needs . We will also occasionally hold a few
domestically raised ringneck pheasants , to be purchased
locally, for training use . The number will vary from zero
to a maximum of twenty-five . These birds will usually
be held for only very short periods of time. The pen will
consist of a converted chicken coup to supply shelter,
attached to an outside chicken-wire flight pen. Total
area (chicken coup and flight pen) is 28 ft . X 28 ft .
9ZG ley
LAND-USE APPLICATION
SUMMARY SHEET
Date: March 30, 1993
CASE NUMBER: USR-1003
NAME: Timothy A. and Sallie A. DeGroff
ADDRESS: 55552 Weld County Road 23, Carr, CO 80612
REQUEST: A Site Specific Development Plan and a Special Review permit for a
Kennel and Field Training Operation for English Springer Spaniels
(maximum 40 dogs and maximum 300 game birds) in the A (Agricultural)
zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T1ON, R67W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld
County Road 112.
SIZE OF PARCEL: 5 acres, more or less.
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 referral responses from
the Nunn Fire Department, the Weld County Engineering Department, the Division
of Water Resources, and the Weld County Health Department.
The Department of Planning Services' staff has not received any objections from
surrounding property owners.
9 0le5
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: t
FIELD CHECK
FILING NUMBER: USR-1003 DATE OF INSPECTION: March 18, 1993
APPLICANT'S NAME: Timothy A. and Sallie A. DeGroff
REQUEST: A Site Specific Development Plan and a Special Review permit for a
Kennel and Field Training Operation for English Springer Spaniels
(maximum 40 dogs) in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T1ON, R67W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: East of Weld County Road 23, approximately . 5 miles north of Weld
County Road 112.
LAND USE: N Pasture.
E Agricultural production.
S Agricultural production.
W Weld County Road 23, agricultural production.
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access is from Weld County Road 23, a gravel County local. Structures are as
shown but there are also some fenced areas and 2 windmills. It appears some dogs
are enclosed in the northern building. There are also birds caged on the
property.
ur ent P r ��
9;10 tr, 5
INTERNAL CASE MEMORANDUM
fr
TO: File FROM: Lanell J. dle , Current Planner
NAME: Timothy A. and Sallie A. DeGroff
LEGAL DESCRIPTION OF PROPERTY: Part of the NW4 of Section 25, T1ON,
R67W of the 6th P.M. , Weld County,
Colorado.
DATE: March 22, 1993
CASE NUMBER: USR-1003
The Division of Water Resources has recommended denial of this proposal
unless the well has been permitted for commercial uses. John Schurer needs
more information regarding the proposed uses. The information is to be
provided in writing to John Schurer and me.
This case may have to be continued.
900105
EXTRA PAGE. 001
Attn: John Schurer
Re: Use by Special Review Case # U.S.R. 1003
Dear John:
'This letter is in response to our phone conversation on 3-23-93, in reference
to the application for use by special review Case Number U.S.R. 1003. Please
note the following list of information compiled in regards to the question of
commercial or non commercial use.
I feel that after evaluation of this material that a favorable, non commercial,
use decision is in the best interest for all parties involved. I feel that
approval by the State Engineers office for U.s.R. 1003 should be recommended to
the Weld County Planning Board.
Reasons for Non C®arcial Use Decision:
I. " 25-4-1110 Exceptions from Part 11."
(1 ) " Except for provisions of section 25-4-1105, (Colo. State Kennel
Regulations), the provisions of this part 11 shall not apply to:
(B) . An animal training facility which boards pet animals only for
training purposes:
(E). Person selling, exchanging, or other wise transferring their
personally owned dogs or cats or the off spring there of, the transfer
by each such person to be limited to a maximum of twenty dogs or cats
per calendar year, "personally owned dogs or cats", as used in this
paragraph (E), includes dogs or cats kept for : Exhibit, work,
companionship, or protection of their owners."
Il. County Interest.
Kennels and anima]. training facilities are accepted land uses in the
Agricultural zoning districts in Weld County Colorado by # 31.4.2 of the
Weld County zoning Regulations. Thus indicating non commercial use, since
commercial uses are discouraged in the A district.
III. Ownership of all Animals:
MAR 0 1993
2
All of the animals in question will be in the ownership of Timothy A. or
Sallie A. DoGroff.
Based on the information Compiled: (1) Exemptions to the Colorado State Kennel
v,v,nt7,:.inns. (2) Acceptance of "Kennel and animal training facilities" in the
MAR 25 '93 14:01 3742804 PAGE.001
9G '�'0
NNBT TEL No .3742804 Mar . '5 ,93 15 :02 P .02
agricultural zoning d' '.ct of Weld County, Colorado, (3) "sonal ownergnip
of the animals, I feel -tot this is a non commercial use. feel that a favor-
able recommendation should be made to the Weld County Planing Board in care
of Lanell Adler, Current Planner.
Thank you for assistance in addressing this issue and for your promptness in
response.
Sincerely,
0.
Timothy A. veQroff
MAR 25 '93 14:02 3742804 PAGE.002
9a0 1c i
25-4-1110. Exemptions from part 11. (1) Except for the
provisions of section 25-4-1105, the provisions of this part
11 shall not apply to:
(a) A publicly or privately owned zoological park
recognized as such by the department;
,(b) , An animal training facility which boards pet animals
only for training purposes;
(c) A veterinary hospital which boards pet animals being
retained only for veterinary medical care;
(d) A research institution using pet animals for
scientific research recognized as such by the department;
(e) Persons selling; exchanging, or _. otherwise
transferring-O:0r .: personally owned dogs "or- cats or!" the
offspring thereof,'-the transfer'-by" eath'suchTperson "to be
limited to a maximum ,of. twenty dogs or cats per calendar year.
"Personally owned dogsjor cats", as used in this paragraph
(e), includes dogs or cats kept for exhibit, work,
companionship, or protection of their owners.
(f) Kennels operated for the sale of dogs not intended
for the commercial pet trade, such as guard dogs, racing
greyhounds, and dogs used for research;
(g) A circus.
SECTION 3. 35-42-114, Colorado Revised Statutes 1973 , as
amended, is amended to read:
35-42-114. Local regulation. The provisions of this
article shall not be construed to limit or preempt additional
regulation by any city, town, or city and county. Nothing in
this article shall interfere with the authority of the
department of health in the enforcement of part-7 PARTS 7 AND
11 of article 4 of title 25, and-articie-57-of-titie-12;
C. R.S. 1973.
SECTION 4. Repeal . Article 57 of title 12, Colorado
Revised Statutes 1973, 1978 Repl . Vol . , is repealed.
SECTION 5. Effective date. This act shall take effect
March 1, 1984.
SECTION 6. Safety clause. The general assembly hereby
PAGE 14-SENATE BILL NO. 198 9Z01(75 5
REFERRAL LIST
NAME: Timothy A. and Sallie A. DeGroff CASE NUMBER: USR-1003
REFERRALS SENT: March 10, 1993 REFERRALS TO BE RECEIVED BY: March 24, 1993
COUNTY TOWNS and CITIES
_Attorney Ault
• X Health Department _Brighton
_Extension Service _Broomfield
_Emergency Management Office _Dacono
_Sheriff's Office Eaton
• —R--Engineering Erie
_Housing Authority _Evans
Airport Authority _Firestone
_Building Inspection Fort Lupton
_Frederick
STATE _Garden City
, X Division of Water Resources Gilcrest
_Geological Survey _Greeley
_Department of Health _Grover
_Highway Department _Hudson
Historical Society Johnstown
_Water Conservation Board _Keenesburg
_Oil and Gas Conservation Commission Kersey
La Salle
FIRE DISTRICTS _Lochbuie
_Ault F-1 _Longmont
_Berthoud F-2 _Mead
Briggsdale F-24 _Milliken
Brighton F-3 New Raymer
_Eaton F-4 _Northglenn
Fort Lupton F-5 _Nunn
Galeton F-6 _Platteville
_Hudson F-7 Severance
Johnstown F-8 _Thornton
La Salle F-9 _Windsor
_Mountain View F-10
Milliken F-11 COUNTIES
• X Nunn F-12 _Adams
Pawnee F-22 _Boulder
_Platteville F-13 _Larimer
_Platte Valley F-14
Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES
Raymer F-2 US Army Corps of Engineers
Southeast Weld F-16 _USDA-APHIS Veterinary Service
_Windsor/Severance F-17 Federal Aviation Administration
_Wiggins F-18 _Federal Communication Commission
Western Hills F-20
SOIL CONSERVATION DISTRICTS
OTHER _Brighton
Central Colo. Water Conservancy Dist. _Fort Collins
Panhandle Eastern Pipe Line Co. X Greeley
Tri-Area Planning Commission _Longmont
West Adams
COMMISSION/BOARD MEMBER
X Richard Kimmel
9�7.Q'11115
FIELD CHECK
FILING NUMBER: USR-1003 DATE OF INSPECTION: 3 --,157-13
APPLICANT'S NAME: Timothy A. and Sallie A. DeGroff
CURRENT PLANNER: Lanell J. Adler
REQUEST: A Site Specific Development Plan and a Special Review permit for a Kennel
and Field Training Operation for English Springer Spaniels (maximum 40
dogs) in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T10N, R67W of the 6th P.M. , Weld
County, Colorado.
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld County
Road 112.
LAND USE: N eisser,i- r
077) dry la wijPd
E cVki m" &yip raii4./i
SaA / h,, 14 Farm ye ilitlP,
w1/64 ye/
ZONING: N A (Agricultural) ci) W
E A (Agricultural) 1 MAR 2 `) 199,3 dill
S A (Agricultural)
W A (Agricultural)
COMMENTS: �_1 �--
/fPre fS a fG�Y,rr beiJ.'; 3¢ v 1/v4 � )i-nivii(fi
-47 i1111141 ed-PY�'
c/17`- "14-77d
93®'1^5
DEPARTMENT OF PLANNING SERVICES
I
GREELEY PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N.WI DC. { � RAAVENUE
1� EY, COLORADO 80631631
COLORADO DIY MAR 1993 1 I
March 10, 1993 CASE NUMBER: USR-1OO3
TO WHOM IT MAY CONCERN:
Enclosed is an application from Timothy A. and Sallie A. DeGroff for a Site
Specific Development Plan and a Special Review permit for a Kennel and Field
Training Operation for English Springer Spaniels (maximum 40 dogs) in the A
(Agricultural) zone district. The parcel of land is described as part of the NW4
of Section 25, T1ON, R67W of the 6th P.M. , Weld County, Colorado. The location
of the parcel of land for which this application has been submitted is east of
Weld County Road 23, approximately .5 miles north of Weld County Road 112.
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
24, 1993, so that we may give full consideration to your recommendation. Please
call Lanell J. Adler, 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. XXX 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: r' carAgency: NUNN FIRE DEPT.
Date: 03/17/93
9C011(,)5
;jj\\
41t
MAR LA 1��3
DEPARTMENT OF PLANNING SERVICES
Inge
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140 EY, N. ORAAVENUEO631
GREELEY, COLORADO80631
COLORADO
March 10, 1993 CASE NUMBER: USR-1003
TO WHOM IT MAY CONCERN:
Enclosed is an application from Timothy A. and Sallie A. DeGroff for a Site
Specific Development Plan and a Special Review permit for a Kennel and Field
Training Operation for English Springer Spaniels (maximum 40 dogs) in the A
(Agricultural) zone district. The parcel of land is described as part of the NW4
of Section 25, T10N, R67W of the 6th P.M. , Weld County, Colorado. The location
of the parcel of land for which this application has been submitted is east of
Weld County Road 23, approximately .5 miles north of Weld County Road 112.
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
24, 1993, so that we may give full consideration to your recommendation. Please
call Lanell J. Adler, 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. We have reviewed the request and find no conflicts with our
afr
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:
Date: -17- 1
MAR 1 a 1993
SZATIC5
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
to
Division of Water Resources
/�oF cow
Department of Natural Resources
/� ��
1313 Sherman Street, Room 818 �r�ey6�r
Denver,Colorado 80203
Phone(303)866-3581 Roy Romer
FAX(303)866-3589 Governor
Ken Salazar
Executive Director
March 15, 1993 I lal D.Simpson
State Engineer
Lannell J. Adler
Weld County Planning Department
1400 N. 17th Avenue
Greeley, Colorado 80631
RE: Timothy A. & Sallie A. DeGroff, change of use
NW 1/4, Section 25, Twp. 10 N., Rng. 67 W. 6th P.M.
Division 1, Water District 1
Dear Ms. Adler;
We have reviewed the proposal for a Site Specific Development Plan and Special Review
Permit that would allow a kennel and field training operation for English Springer Spaniels,
(maximum occupancy-40 dogs). The proposal indicates that an existing unregistered domestic well
will be the water supply source for the proposed kennel. A review of registered (permitted) wells,
and of adjudicated water rights in this section, confirms that there are no wells of record.
This proposal is viewed as a change and expansion of use from the existing historic domestic
use to the proposed new use, a commercial kennel operation. The information provided by the
applicant, and a review of our records, indicate that a court approved augmentation plan, and well
permit allowing this change of use, have not been granted for this well, therefore we cannot
recommend approval.
If you have any questions, please contact this office.
Sincerely,
dav,„ cL '
John Schurer, P.E.
Senior Water Resource Engineer
JS/TLC/tic
prepared by: TLC
enclosure(s) ci JI II\V/ !I ell
cc: Bruce DeBrine MAR 1 8 1993 11
Allan Berryman, Division Engineer, Division 1
Dave Nettles, Division 1 - -
file A:J(u43"%t r
AultMmEmoRAnDum
V IWilk
Lanell Adler
To Weld County Planning Date March 11, 1993
COLORADO
From John S. Pickle, M.S.E.H. , Director, Environmental Heal
Subject: Case Number: USR-1003 Name: DeGroff, Timothy & Sallie
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site.
3. The maximum permissible noise level shall not exceed the light industrial
limit of 70 dB(A) during the day, 65 dB(A) at night, as measured according
to 25-12-102, Colorado Revised Statutes.
4. An I.S.D.S. Evaluation on any existing septic systems will be necessary,
prior to issuing the required septic permits on the existing systems.
5. Adequate toilet facilities shall be provided for the public.
6. It should be determined that the well water to be provided for the animals
is potable.
7. Animal wastes shall be disposed of in such a manner as not to cause a
public health nuisance.
8. Well must be located at least 100 feet from any septic system.
Colorado Health Department Regulations specifically exempt greyhound kennels from
compliance monitoring by this Department.
You may wish to contact the Colorado Racing Commission to determine if there are
any concerns they have with the proposed application.
JSP/lam-475
MAR 1 2 1993
- .._niwnnln'
9Z 01c5
At\_kit )
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAAVENUEO631
COLORADO 80631
COLORADO NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday, April 6,
1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan
and a Special Review permit for the property described below. Approval of the
request may create a vested property right pursuant to Colorado Law.
APPLICANT: Timothy A. and Sallie A. DeGroff
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T1ON, R67W of the 6th P.M. , Weld
County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE: A Kennel and Field Training Operation for
English Springer Spaniels (maximum 40 dogs)
in the A (Agricultural) zone district.
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld County
Road 112.
SIZE: 5 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 April 6, 1993.
Copies of the application are available for public inspection in the Department of
Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845,
Extension 3540.
Judy Yamaguchi, Chairperson
Weld County Planning Commission
To be published in the Windsor Beacon
To be published one (1) time y March 15, 1993.
Received by:
Date:
9.x.(3 %C`5
4(111t44\
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140UE
0 EY, N. ORA O8 631
GREELEY, C0L0RADO80631
COLORADO
DATE: March 10, 1993
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: USR-1003
There will be a Public Hearing before the Weld County Planning Commission on Tuesday,
April 6, 1993, 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: Timothy A. and Sallie A. DeGroff
FOR: A Site Specific Development Plan and a Special Review permit for a Kennel and
Field Training Operation for English Springer Spaniels (maximum 40 dogs) in the
A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 25, T1ON, R67W of the 6th P.M. , Weld
County, Colorado.
LOCATION: East of Weld County Road 23, approximately .5 miles north of Weld County
Road 112.
Your property is within five-hundred (500) feet of the property on which this request
has been made. For additional information write or telephone Lanell J. Adler,
Current Planner.
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-1003 for Timothy A. and Sallie A. DeGroff in the United States Mail,
postage prepaid First Class Mail by letter as addressed on the attached
list.
this 10th day of March, 1993.
9Z O1C5
SURROUNDING PROPERTY OWNERS AND/OR
SURFACE ESTATE/INTEREST OWNERS
Timothy A. and Sallie A. DeGroff
USR-1003
J.R. Diamond Farms
15627 Weld County Road 108
Nunn, CO 80648
Thelma Hutchison
54947 Weld County Road 23
Carr, CO 80612
Union Pacific Land Resources Corporation
P.O. Box 2500
Broomfield, CO 80020
9CQ,1c5
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property Northwest Quarter(NW1/4) Section 25, Township 10 North Range 67 West
of the 6th P.M. , County of Weld, State of Colorado.
STATE OF COLORADO
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names,
addresses, and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners' of property (the surface estate) within
five hundred feet of the property under consideration This list was compiled
from the records of the Weld County Assessor, or an ownership update from a
title or abstract company or attorney, derived from such records, or from the
records of the Weld County Clerk and Recorder. The list compiled from the
records of the Weld County Assessor shall have been assembled within thirty
days of the application's submission date.
The foregoing instrument was subscribed and sworn to before me this
qU, / '
=� " day \;:u r= La , 19% by / , 'I itAil , /_)E' t •_
•
WITNESS my hand and official seal. _s, J : c)�_
'i
MY Commission expires: 4,2 Z 1.1 :
r- ci
tiOt J • c
y
"Ifotary Public ,.%
My Commission Expires:
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION 11
DIAMOND J.R. FARMS 15627 WCR 108 Nunn, CO 80648 #030325000007
HUTCHISON. THRLMA 54947 WCR 23 Carr. CO 806.12 #030326000004
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Application No.
Subject Property Northwest Quarter (NW1/4) Section 25, Township 10 North
Range 67 West of the 6th P.M. , County of Weld, State of Colorado.
STATE OF COLORADO )
) ss
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lessees of mineral owners on or under
the parcel of land under as their names appear upon the records in the Weld
County Clerk and Recorder's Office or from an ownership update from a title or
abstract company or an attorney.
/
The foregoing instrument was subscribed and sworn to before me this
23rdday of February , 19 93 WITNESS my hand and official
seal.
My Commission Expires: 07/25/95
Notary Pub is
930 11th Avenue; Greeley, CO 80631
41F$Y PV5.Pc41
BEM WIDNERI
LIST OF NAMES ANTI DRESSES OF ALL MINERAL OWNERS LESSEES OF MINERAL
OWNERS:
Union Pacific Land Resources Corporation
P.O. Box 2500
Broomfi,a d, Colorado 80020
90. ^5
•
Re:o:d:d a /d41." ddm4_t F 2 7
824 RK.Wa 1745688 Mai An:Fa tah.aorfw L. C , W � . /N Y 83 K� r
a -/ purATcaarm DEED
e rF�
KNOW ALL MEN BY THESE PRESENTS THAT:
Cs
CHAMPLIN PETROLEUM COMPANY, a Delaware corporation, in consideration
of of the sum of $1.00 and other good and valuable consideratior , the receipt 1`
of which is hereby acknowledged, does hereby remise, release, and forever
quitclaim unto UNION PACIFIC LAND RESOURCES CORPORATION, a Nebraska corporation,
and unto its successors and assigns, all right, title, interest, and estate of yx.
CO Champlin Petroleum Company in and to the following described lands situated in
the County of Weld , State of Colorado , to wit:
m Township 10 North, Range 66 West
Section 21: NWy, Sy
r' Section 29: NIA. 81: s
Section 31: Lots 1, 2, 3 and 4, (W1/2Wy), EL:W%,
SES less 53.08 acres of UPRRCo.
right of way "'..'. ..
Section 33: NWy, S1
Township 10 North, Range 67 West
Section 23: NW4,.Sy
Section 25: NWT, Sy less 0.51 acres UPRRCo.
right of way - - .
Section 27: NW4, Sy
Section 35: NW#, 54 "'^-
Township 9 North, Range 66 West
Section 3: Lots 3, 4, (ANA), S1/2NW4, S4
Section 5: Lots 3, 4, (NNW}), SkNW4, Sy less � „'�..
29.94 acres UPRRCo. right of way
section 7: Lots 1, 2, 3, 4, (W;WS), EyW5, SE%
Township 9 North, Range 67 west - y
Section 1: Lots 3, 4, (N1/2NW4), S;NW}, Sy
1..
Signed and delivered this 19th day of January , 1978 .
Attest�}d',, 6 aeti 1p xi - CHAMPLIN PETROLEUM COMPANY qn
p v �' ;e 616$1 ( ('3t.;
B1
a' cretary @A D YZ 1 lU ent
:4 01 w",:r4 i
7,„
•
- cs, F .G a)
(it (t
;,,s,
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140eUE
EY, N. ORA O8 631
GREELEY, COLORADO80631
COLORADO
March 10, 1993
Timothy A. and Sallie A. DeGroff
55552 Weld County Road 23
Carr, CO 80612
Subject: USR-1003 - Request for a Site Specific Development Plan and a Special
Review permit for a Kennel and Field Training Operation for English
Springer Spaniels (maximum 40 dogs) on a parcel of land described as part
of the NW4 of Section 25, T1ON, R67W of the 6th P.M. , Weld County,
Colorado.
Dear Mr. and Mrs. DeGroff:
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 for April 6, 1993, 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 24, 1993, you or a representative should call me to obtain a sign to be posted
on the site no later than March 27, 1993. The sign shall be posted adjacent to and
visible from a publicly maintained road right-of-way. In the event the property
under consideration is not adjacent to a publicly maintained road right-of-way, the
applicant shall post one sign in the most prominent place on the property and post
a second sign at the point at which the driveway (access drive) intersects a publicly
maintained road right-of-way. Your sign posting certificate must be returned to the
Department of Planning Services' office on or before the date of the hearing.
The Department of Planning Services' staff will make a recommendation concerning this
application to the Weld County Planning Commission. This recommendation will be
available twenty-four (24) hours before the scheduled hearing. It is the
responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the
recommendation.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
Lanell J.' dler
Current Planner
9d;0IC5
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT
PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS
DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
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 # LkS K, 100,3 THE
SIGN WAS POSTED BY:
SnH tz n ca c
NAME OF PERSON POSTING SIGN
SI ATURE OF APPLICANT
STATE OF COLORADO )
ss.
COUNTY-OF WELD )
. .�. ,�r�
S1 ZQ 9IfD. SWORN TO ME THIS(-k`"�DAY OF (\ 19 vl
*1 rvFMt
$1 ‘&1(
OP CQ1 rµ4,. ' NO PUBLIC
vn mur
MY COMMISSION EXPIRES My commission expires Mar. 11, 1994.
LAST DAY TO POST SIGN IS: , 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
AMMENDMENT TO USR 1uu3
USE BY SPECIAL REVIEW
Timothy A. and Sallie A. DeGroff
March 22 , 1993
REQUESTED ADDITIONAL INFORMATION:
We plan to maintain a flight pen on the premises to hold
feral pigeons , purchased from various sources , for use in
training. The number of birds will vary from less than
fifty to a maximum of three hundred , depending on availibility
and training needs . We will also occasionally hold a few
domestically raised ringneck pheasants, to be purchased
locally, for training use . The number will vary from zero
to a maximum of twenty-five. These birds will usually
be held for only very short periods of time. The pen will
consist of a converted chicken coup to supply shelter,
attached to an outside chicken-wire flight pen. Total
area (chicken coup and flight pen) is 28 ft . X 28 ft .
1coS
Ma0.
9;01,"5
USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631
Phone - 356-4000 - Ext. 4400
Case Number Date Received
Application Checked by Mylar plat submi t�jjteed��
Application Fee Receipt Number
Recording Fee Receipt Number
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request a hearing before the Weld County Planning
Commission concerning the proposed Major Facilities of a Public Utility Special
Review Permit on the following described unincorporated area of Weld County,
Colorado: Lot A of Recorded Exemption No.
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:030-25-2-Re 1208 being part of NW1/4
Section 25 T 10 N, R 67 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit
is proposed: Section T N, R W
Property Address (if available) 55552 WCR 23 Carr, CO 80612
PRESENT ZONE OVERLAY ZONES
TOTAL ACREAGE 5
PROPOSED LAND USE Field Training operation for English Springer Spaniels
EXISTING LAND USE Rural Residence
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW
PERMIT:
Name: Timnfhv A and Sa11io A . ll af7rnff
Address: 55552 WCR 23 City Carr , CO Zip 80612
Home Telephone # 897-2374 Business Telephone #
Name:
Address: City Zip
Home Telephone # Business Telephone //
APPLICANT OR AUTHORIZED AGENT jjf 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: Union Pacific Land Ppsnurres rnrpnratinn
Address: p.O. Box 2500 City Broomfield , rn Zip 80070
Name:
Address: City Zip ..0 V 1,1I hereby depose and state under the penalties of perjury that all s to n 91993proposals and/or plans submitted with or contained within the appli i �M
true and correct to the best of my knowledge. or -I.4 COUNTY OF WELD ) C�, re4e,
STATE OF COLORADO ) gi
c Xilit if
Signature: Owner or Author ed Agent
Subscribed and sworn to before me this :, - day o /16v I' N 19,7- ).
/,
A i-Citk ��' • r, Cep,
NTARY PUBLIC
My commission expires /, z/:> �!/_) :. .. . n
Vic( � ru -
•
yil ✓ t c
9L0.105
B 1377 REC 02323326 03/01/93 11 ^5 $5 .00 1/001
AR2323326 F 0381 AARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
cz.'Warraxiity6Deed-
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
"property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s)
or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,
except for(1) the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and
rights-of-way shown of record (3) any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)
any protective covenants and restrictions shown of record, and(6)any additional matters shown below under"Additional Warranty
Exceptions".
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence;it the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify
grantors as husband and wife.)
EDWARD R. DEGROFF, CARcLYN H. DEGROFF and LESLIE A. DEGROFF
840 G Street; Salida., Colorado 81201 STATE rectip ENA?Y FEE
Grantee: (Give name(st and address(es): statement of address,including available road or street number, is required.) Date 31 a (T
TIDDTHY A. DEGROFF and SALLIE A. DEGROFF $ Cn
55552 Weld County Road 23; Carr, Colorado 80612
Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in
joint tenancy"or words of the same meaning are added in the space below.)
In Joint Tenancy
Property Description: (Include county and state.)
Lot A of Recorded Exemption No. 030-25-2-RE 1208, being part of the N1n71/4 of
Section 25, Township 10 North, Range 67 West of the 6th P.M. , County of Weld,
State of Colorado.
0
Property Address: 55552 Weld County Road 23 Carr, Colorado 80612
Consideration: (The statement of a dollar amount is optional;adequate consideration for this deed will be presumed unless this conveyance is
identified as a gift, in any case this conveyance is absolute,final and unconditional.)
SIXTY THOUSAND NINE HUNDRED TWENTY FOUR AND 87/100th---($60,924.87)---Dollars
Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or if the GRANTOR
is restricting the GRANTEE'S right in the property. make appropriate indication.)
Reservations, restrictions, covenants, conditions, leases, tenancies, agreements,
building & zoning regulations, easements and/or rights-of-way, apparent or of
0 record
O
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
5
t° A First Deed of Trust dated 10/18/89 currently payable to Citicorp Mortgage, Inc.
recorded 11/06/89 in Book 1248 under Reception No. 2196562 which Grantees hereby
assume and agree to pay; and except property taxes and assessments for the
g current years and all subsequent years
Executed by the Grantor on February 27 19 93
Signature Clause for Corporation,Partnership or Association: Signature
Clause f�oorr lndlvidual(s):
Name of Grantor: Corporation,Partnership or Association EITAtARD R. DEGer Grantor
an ]� J
By � G .<:«7M$ ,,(�
CAR YN H. DEGROFF r E ARD Gg.cwu*&GROFT,
By //� 04
" ei" « Att y ..n Fact
airy
Attest- LESLIE A. DEGROF v EDWARD R. 99§. AF F Attny
1 -=42{,-. in Fact
STATE OF COLORADO
COUNTY OF WELD ) ss.
The foregoing instrument was acknowledged before me this 27th day of February , 19 93
By EIT,VARD R. DEGROFF, Individually, and EDWARD R DEGROFF as Attorney in Fact for
WITNESS my nand and official aeat.CAROLYN H. DEGROFF and** t ,A��\
My commission expires: 07/25/95 s J
**for LESLIE A. DEGROtit� NoteryPubli
STATE OF ) `1
COUNTY OF ss. _,�pRY Poe
i \
The foregoing instrument was acknowledged before me this day of
p.:...... .........��C'rt
By'
('name individual Grantor fa)or if Grantor is Corporation,Partnership or Association,then identify signers as prn�dent orv4 py[eVip qp a :ry or
assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of associatio ;Btl I T A.WIUIVtn; 5
el an
WITNESS my hand and official seal. {t.•.\'. r
My commission expires: N,r{t : •lie.... „•.•:® Q`i
{‘\ (fri
6/9th UPDATE LEGAL Colorado \\\..t rMT.L0i
615 0th Avenue-Greeley.Colorado 80631
(303)356-6380
- Recorded at o'clock _M, on Book - T Page
Fie.neptio `"-" Recorder
�', c� `LYaIiagfr'Deed S�
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
"property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s)
or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,
except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and
rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)
any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty
Exceptions".
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence;it the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify
grantors as husband and wife.)
EDWARD R. DEGROFF, CARCLYN H. DEGROFF and LESLIE A. DEGROFF
840 G Street; Salida, Colorado 81201
Grantee: (Give name(s)and address(es):statement of address,including available road or street number,is required.)
TINDTHY A. DEGROFF and SALLIE A. DEGROFF
55552 Weld County Road 23; Carr, Colorado 80612
Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in
joint tenancy"or words of the same meaning are added in the space below.)
In Joint Tenancy
Property Description: (Include county and state.)
Lot A of Recorded Exemption No. 030-25-2-RE 1208, being part of the NW1/4 of
Section 25, Township 10 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado.
O
We hereby certify this to be a true and
exact copy of the or "real document.
Homest Title Company
By
Property Address: 55552 Weld County Road 23 Carr, Colorado 80612
Consideration: (The statement of a dollar amount is optional;adequate consideration for this deed will be presumed unless this conveyance is
identified as a gilt; in any case this conveyance is absolute.final and unconditional.)
SIXTY THOUSAND NINE HUNDRED 'TWENTY FOUR AND 87/100th--- ($60,924.87)---Dollars
Reservations-Restrictions: pl the GRANTOR intends to reserve any interest in the properly or to convey less than he owns.or it the GRANTOR
is restricting the GRANTEE'S right in the property,make appropriate indication.)
Reservations, restrictions, covenants, conditions, leases, tenancies, agreements,
building & zoning regulations, easements and/or rights-of-way, apparent or of
O record
O
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
co A First Deed of Trust dated 10/18/89 currently payable to Citicorp Mortgage, Inc.
recorded 11/06/89 in Book 1248 under Reception No. 2196562 which Grantees hereby
assure and agree to pay; and except property taxes and assessments for the
current years and all subsequent years
Executed by the Grantor on February 27 , 19 93
Signature Clause for Corporation,Partnership or Association: Signature Clause for Individual(
s
):
7-eC✓C-t ye
��/�Jf
Name of Grantor: Corporation,Partnership or Association /REWARD R. DEE F �(/ Grantor
By �
CARpa H. DEGROFF E ARR 4R.cgiffsaROF
By • n �. lP� ct y n Fact
a„R.
Attest: LESLIE A. DEGROF /y EDWARD R. 06E5la F Attny
�c- i Fact
STATE OF COLORADO
COUNTY OF WELD ) ss.
The foregoing instrument was acknowledged before me this 27th day of February . 19 93
By• EDWARD R. DEGROFF, Individually, and EDWARD DEGROFF as Attorney in Fact for
WITNESS my hand and official seal.CAROLYN H. DEGROFF and**
My commission expires: 07/25/95 /✓(•7
**for LESLIE A. DEGRO1 NotaryPuMlc
STATE OF
ss.
COUNTY OF ) \t,4Y op,
The foregoing instrument was acknowledged before me this day of i Q•. •.•c, h 9
• i I
(•name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as pr'•degtorv�l $p(e I pecr�:ry or
assistant secretary of corporation;or as partner(s)of partnership:or as authorized member(s)of associatio ;Btl 1 T A.
WITNESS my hand and official seal. fit '•t -.i .
V /
My commission expires: N. ,blC........•••
+\\ dj6U"'r
e 1901 UPDATE LEGAL FORMS —o NO.201615
)13 Avenu6-6350 -Greeley.Colorado 80631
(303)356-63W
REAL PROPERTY TRANSFER DEC7AARA_ .xa
Purpose : The real property transfer declaration is used by county assessors to establish
the value of real property for property tax purposes and to properly adjust sales for sales
ratio analysis. Refer to 39-14-102 (4) , C.R.S.
1. Address or legal description of real property.
55552 WELD COUNTY ROAD 23
CARR, COLORADO 80612
2. Is this a transaction among related parties?
YES XX NO _ ::: ._.
3. Total Sales Price: $60,924.87
4. What was the cash dawnpayment? $5,000.00: 7
5. Did total sale price include a trade or exchange?
YES NO XX :r
6. Did the buyer receive any personal property in the transaction?
YES NO )C TA.Q 54. t9 !G9 COY29 0�4�
(If yes, the approximate value: $ ) e and
beetcu
7. Were mineral rights included in the sale? tie how) cert�theuot`�pa1 documea ,�
YES XX NO elct c.. of d Sit Coco
• Homes
8. Were water rights included in the sale? BY
YES NO XX
9. If applicable, you may include goodwill for a going business.
Approximate value of goodwill? $ N/A
10. Was less than 100% interest in. the real property conveyed?
YES _ NO XX
11. Date of Closing: A•EBRUARYr.27, 1993:
IF THE PROPERTY IS FINANCED, PLEASE COMPLETE #12-#15: •
12. Was the loan Naw _ or assumed XX ?
13. What was the interest rate on the loan? 9.50%
14. What was the term of the loan? 320 MONTHS
15. Were any points paid?
YES _ NO XX If yes, how many? N/A And by whccn? N/A
16. Signed this 27th day of February, 1993.
( XX ) Grantee /-C.4,
`el Y,TIM THI A./D EGROFF
( XX ) Grantee 4lA,Al
SALLIE A. DEGROFF( XX ) Grantor C zvei <y ,G✓ y
EDWARD R. DEGROFF
( XX ) Grantore
CAROLYN H. DEGROFF and E A. DEGROFF
by EDWARD R. DEGROFF as their Attorney in Fact
9:01105
GENERAL INFORNATION:
Requirements: All conveyance documents subject to the documentary fee submitted to the
county clerk and recorder for recordation mast be accompanied by a real property declaration.
This declaration mist be completed and signed by the grantor (seller) or grantee (buyer) .
Refer to 39-14-102 (1) (a) , C.R.S.
Penalty for Noncompliance: Whenever a conveyance document is presented for recordation
without the declaration, the clerk and recorder notifies the county assessor, who will send a
written notice to the grantee requesting that the declaration be returned within thirty days.
Failure by the grantee to submit the declaration may result in the assessor imposing a penalty
of $25.00 or .025% (.00025) of the sales price, whichever is greater. This penalty may be
imposed for any subsequent year that the grantee fails to submit the declaration, until the
property is conveyed again. All unpaid penalties are certified to the treasurer for
collection. Refer to 39-14-102(1) (b) , C.R.S.
Confidentiality: Any information used by the assessor to determine the actual value of real
property, including information derived from the real property transfer declaration is
available for inspection by any taxpayer or any agent of such taxpayer, subject to
confidentiality requirements as provided by law. The assessor is required to make the
declaration available for inspection by the buyer or the seller if the seller filed the
declaration.
INSTRUCTIONS:
1. Enter the correct street address or legal description of the real property. Do not use
mailing addresses or P.O. Box numbers.
2. Indicate whether the buyer or the seller were related. Related parties include persons
within the same family, business affiliates, or affiliated corporations.
3. Indicate the total consideration paid for the property including real estate, personal
property (caipsting, drapes, appliances, inventory, equipment, furniture) , mobile hares,
sheds, goodwill, water rights, mineral rights, and any other appurtenances.
4. Enter the amount of the cash dawn payment, if any. If it is a cash sale, enter the
total sales price.
5. Indicate whether any other real or personal property was traded or exchanged as part of
the transaction. For example, mark "Yes" if a vacant lot was traded as the down
payment or if the sale included an amount for repair of the roof.
6. Indicate if any personal property, as described in #3, was included in the total sales
price. If yes, give the approximate value as of the date of the sale.
7. Indicate if any portion of the mineral rights were transferred to the grantee. Mineral
right is defined as an interest in minerals in and under the land and all accompanying
rights and privileges.
8. Indicate if any water rights were transferred to the grantee. Water right is defined as
the right to use the water of a natural stream or water furnished through a ditch or
canal, for such purposes as irrigation, mining, power, or domestic use. Water rights
are real property which may be sold and transferred separately from the land.
9. If the sale price included an amount for goodwill of an on-going business, indicate
the approximate consideration paid. Goodwill is defined as the benefit or advantage
of having an established business occupying the property. Goodwill represents the
difference between the purchase price and the value of the net assets.
10. Mark "Yes" if only a partial interest is being conveyed. Mark "No" if the grantee
is to have the benefit of 100% interest in the pioFerty.
11. Enter the date upon which the transfer of the property was completed.
12. Indicate if the grantee obtained a new loan or assumed an existing loan on the
property.
13. Enter the mortgage interest rate to be applied to the loan as stated in the financing
agreement.
14. Enter the length of tine that will expire before the loan is fully paid as stated in the
financing agreement (10 years, 20 years, etc.) .
15. For the purpose of this document, a point is defined as a fee or charge equal to one
percent of the principal amount of the loan which is collected by the lender at the time
the loan is made. If any points were paid in securing this loan, indicate how many were
paid and if the points were paid by the buyer, seller, or both.
16. Enter the date, month, and year, and have at least one of the parties sign the decunent,
marking the pertinent identification of each.
5
•
j general soil map units
•
The general soil map at the back of this publication This unit makes up about 4 percent of the survey area.
shows broad areas that have a distinctive pattern of It is about 50 percent Haverson soils and 30 percent
soils, relief, and drainage. Each map unit on the general Aver soils. The remaining 20 percent is components of
soil map is a unique natural landscape. Typically, a map minor extent.
unit consists of one or more major soils and some minor Haverson soils are on flood plains and adjacent
soils. It is named for the major soils. The soils making up stream terraces. These soils formed in stratified,
one unit can occur in other units but in a different calcareous loamy alluvium. They are medium textured
pattern. throughout
The general soil map can be used to compare the Aver soils are on flood plains and adjacent stream
suitability of large areas for general land uses. Areas of terraces and in closed swain. These soils formed in
suitable soils can be identified on the map. Likewise, calcareous loamy alluvkxn. The surface layer is
areas where the soils are not suitable can be identified. moderately fine textured. The subsoil is fine textured.
Because of its small scale, the map is not suitable for These soils are very strongly alkaline. Numerous slick
planning the management of a farm or field or for spots are in some area.
selecting a site for a road or building or other structure. Of minor extent in this unit are the well drained
The soils in any one map unit differ from place to place Ascalon, Bankard, Manzanola, Olney, Paoli, and Vona
in slope, depth, drainage, and other characteristics that soils and the poorly drained Haplaquolls and
affect management Fluvaquents.
The 13 map units in this survey have been grouped Most areas of this unit are used as rangeland. A few
into 6 general kinds of landscape for broad interpretive areas are used as nonirrigated cropland. The main
purposes. Each of the broad groups and the map units in limitations for most uses are the hazard of soil blowing,
each group are described in the following pages. the salinity of the Aver soils, and the hazard of flooding
on the Haverson soils. Management practices that
loamy soils on flood plains and adjacent reduce soil blowing and conserve moisture should be
stream terraces and in swales used.
This group consists of one map unit. It makes up loamy soils on plains, adjacent stream
about 4 percent of the survey area. The soils in this terraces, and upland ridges
group are nearly level to gently sloping. The vegetation
in areas not cultivated is mainly grasses, forbs, and This group consists of four map units. It makes up
shrubs and a limited number of hardwoods. The average about 54 percent of the survey area. The soils in this
annual precipitation is 11 to 13 inches. group are nearly level to hilly. The vegetation in areas
The soils in this group are deep and well drained. not cultivated is mainly grasses, forbs, and shrubs. The
They formed in calcareous loamy alluvium. average annual precipitation is 11 to 13 inches.
Most areas of this group are used as rangeland. A few The soils in this group are shallow to deep and are
areas are used as nonirrigated cropland. well drained. They formed in calcareous gravelly
I. 'Severson-Aver and
in calcareous loamy alluvium and colluvium,
and in calcareous clayey or loamy residuum derived from
DosA well drained, nearly level to gently sloping soils; shale and sandstone.
an Rood plains and adjacent stream terraces and in This group is used as nonirrigated cropland and
sales rangeland.
This map unit is throughout the survey area. Generally, 2. Olney-Ascalon-Platner
k 4 oriented in the northwest to southeast direction. Deep, well drained, nearly level to rolling soils;on plains
Slaps is 0 to 3 percent The vegetation on this unit is and adjacent stream terraces
mainly grasses, forbs, and shrubs, but there are some
hardwoods along the larger intermittent streams. This map unit is throughout the survey area; however,
Elevation is 4,700 to 5,350 feet. it is mainly south of the sandstone escarpments in the
¶1 105
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DESCRIPTION OF THE PROPOSED OPERATION
FOR USE BY SPECIAL REVIEW FOR:
LOT A OF RECORDED EXEMPTION NO. O3O3-25-2-RE 1208 LOCATED IN
THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 10 NORTH, RANGE
67 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO.
March 5, 1993
Timothy A. and Sallie A. DeGroff
55552 WCR 23
Carr, CO 80612
303-897-2374
93U 1'J5
The following statements are provided to respond to items
( 2 ) and ( 3 ) of the Application Requirements in the Use by
Special Review Procedural Guide . We have lettered the
responses to correspond to the sequence of "ticks" .
2 (a ) PROPOSES USE:
The proposed use is to be a training operation
for the field training of English Springer
Spaniels and English Cocker Spaniels (field
trial and hunting dogs ) . Secondarily, we
plan to breed the best bloodlines available
to produce up to five litters of puppies a
year, adjusting to the local and national
market .
We will be utilizing existing local CRP land,
one mile to the north and south, as permitted
by the owner, for field training. We will also
use land leased by the Northern Colorado Springer
Spaniel Club at the intersection of WCR 17 and
WCR 100 , approximately ten miles southwest of the
proposed training operation.
(b) NEED FOR USE:
There is no other professional trainer special-
izing in English Springer Spaniels and English
Cocker Spaniels closer than Omaha , Nebraska on
the east , and California , on the west . Yet
interest in Springer Spaniels and Cockers as
field companions and/or in field trialing
is increasing in the Rocky Mountain States . We
plan to provide the needed professional training
services for this area .
(c ) EXISTING USES ON SURROUNDING PROPERTIES:
Surrounding properties are : wheat growing land
on the north, east and south adjacent , with CRP
beyond; cattle pasture on the west, across
WCR 23 .
(d ) DISTANCE TO RESIDENTIAL STRUCTURES:
The nearest residence is a farmhouse 0. 6 miles
to the south. Beyond that , the next closest are
three farmhouses approximately two miles south-
east and southwest , and a few scattered farmhouses
alond WCR 21 , a mile or more west and northwest .
92;01e,5
-2-
2 (e) PROJECTED NUMBER OF USERS:
We anticipate up to a maximum of ten training
clients at any one time . Buyers of puppies
would be spread throughout the year, as litters
are available. Some of these puppies would be
air shipped out of Denver Stapleton to areas
across the country, resulting in no direct traffic
usage by these clients .
( f) NUMBER OF EMPLOYEES:
This is planned as a two-person family operation,
with no outside employees .
(g) WATER SOURCE:
The water source will be from the existing
domestic well on the property, which has been
tested to be pure and fully adequate . The water
supply was discussed with Dave Nettles at the
Colorado Water Resources Division 1 , and verified
to be adequate as to both purity and quantity.
It is a pre-1972 well , so it is not on any record .
(note 3h)
(h) ACCESS ROUTE(S) :
The only access route is via WCR 23 from WCR 110
on the south or WCR 118 on the north.
( i ) VEHICULAR TRAFFIC:
Passenger vehicle traffic is all that is anticipated ,
to the extent of only five to ten vehicles per week,
in addition to our own normal traffic to and from
town, and daily trips to the training grounds . For
the latter, we will pull a small dog trailer of
1000 pounds or less .
(j ) SEWAGE FACILITIES:
No special sewage facilities should be needed .
These dogs will be housebroken pets which will be
kept in internal runs and aired several times
daily in outside airing runs , which will be cleaned
daily. Any refuse will be bagged and removed from
the premises through disposal services . It is
imperative that these animals be maintained in
this fashion, to remain house-broken when they
return home.
-3-
2 (k) FIRE PROTECTION:
No special fire protection facilities are needed .
Fire extinguishers will be maintained , but our
best fire protection will be prevention through
No Smoking in any building, and a full lightning
arrester system in place on all major buildings .
( 1 ) NUMBER OF ANIMALS:
All animals are planned to be either English
Springer Spaniels or English Cocker Spaniels .
The maximum number on the premises at any one time
will not exceed forty.
(m) STORAGE AREAS:
Arrangements are being made for a standard dumpster
to be placed at an approved location and serviced
weekly by a disposal company. Dry sawdust/wood
shavings (bedding) , after use, will be spread on
the landscaping and garden areas and tilled under
for soil enhancement.
(n) STORM WATER RETENTION FACILITIES:
There will be no need for storm water retention
facilities , since there is no change from present
configuration, and any storm water is readily
absorbed into the ground surface.
(o) TIME SCHEDULE FOR DISPOSAL OF DEBRIS:
There is no junk, debris or waste associated with
the proposed use, other than covered under 2 (m) ,
above.
(p) PROPOSED LANDSCAPING PLANS:
We plan to establish tree plantings in future
years , between the north property line and the
kennel building. A vegetable garden is planned
for the open land on the east side of the property.
The west part of the property will continue to
grow native grasses and wildflowers .
(q) RECLAMATION PROCEDURES:
Upon any cessation of the Use by Special Review
activity, this property will revert to simple
residence.
(r) TIME-TABLE:
No new construction is required except internal
run construction in an existing building and the
airing runs mentioned in 2 ( j ) , above . Construction
time for the airing runs will not exceed thirty
days .
930.1!'5
-4-
3(a ) WELD COUNTY COMPREHENSIVE PLAN:
The proposed use in consistent with the Weld
County Comprehensive Plan to promote use and
development of agricultural land for agricultural
and animal raising purposes .
The operation of a field dog training operation
in no way removes productive agricultural land
from use. Yet it is dependent upon the open
spaces and existing agricultural land , such as
CRP and native prairie , to serve the people. The
CRP lands are designated , by the owner, as the
least productive agricultural land, and is thus
utilized to benefit others through different
uses . Field dog training adds diversity to the
agricultural spectrum of Weld County and it ' s
people .
Being a family owned and operated establishment ,
the proposed use exemplifies the "cultural and
human values of strong work ethics and families" .
These same values are similar to values that
drive the American dream of being a sole
proprietor !
This operation is sensitive to mother nature ' s
ecosystem and process and has the potential
to enhance the wildlife in the area through
released pheasants and other birds .
This operation also benefits mankind by giving
people exposure to open spaces and clean air,
which can reduce the personal stresses resulting
from the everyday intensity of the urban life.
This exposure to the open space heightens the
awareness of the agricultural diversity of
Weld County and it ' s people .
This proposed use does fulfill the goals of the
Weld County Comprehensive Plan by not removing
agricultural land from production, being dependent
on the agricultural land ( such as CRP use) , and
exemplifying the values associated with the farm
community.
-5-
3 (b) CONSISTENCY WITH THE INTENT OF THE DISTRICT:
We believe the breeding, raising and training of
field dogs is consistent with the intent of this
agricultural district , under Section 31 .4. 2 of the
Uses by Special Review in the A District, as
stated in the Agricultural Policies and Agricultural
Goals for Weld County .
(c) LOCATION DESCRIPTION:
This operation will not in any way interfere with
existing land use, and may contribute by deriving
secondary use of CRP lands , as well as the possible
release of pheasants and other birds to enhance
the wildlife population.
(d ) HEALTH, SAFETY AND WELFARE:
These animals will be kenneled and/or under control
at all times , so the neighborhood will be fully
protected .
(e) COMPATIBLE WITH THE EXISTING SURROUNDING LAND USES:
Adjacent lands are either wheat-growing lands or
pasture . This facility is fully compatible with
both.
( f) FUTURE DEVELOPMENT OF THE SURROUNDING AREA:
No future changes in the land use are anticipated
because of agricultural zoning, the remoteness of
this location and the nature of the surroundings .
(g) FLOOD PLAIN, GEOLOGIC HAZARD:
This area is not located on any flood plain,
geologic hazard or the Weld County overlay district
area . Firm map #0175 is not printed .
(h) WATER SUPPLY:
The existing domestic well was tested for purity
and adequacy for FHA loan approval in October,
1989. It was also flow tested overnight on the
lawn with no reduction in flow. Anticipated use
would fall well within the well ' s production
capacity, involving a maximum of an additional
sixty gallons use per day beyond present domestic
use.
The water supply was discussed with Dave Nettles
(tel . 352-8712 ) at the Colorado Water Resources
Division 1 , and verified to be adequate as to
both purity and quantity. It is a pre-1972 well ,
so it is not on any record .
-6-
3 ( i ) COPY OF THE DEED:
A copy of the deed is attached .
(j ) NOISE REPORT:
A Noise Report Waiver is hereby requested because
the nearest neighbor is more than one-half mile
away.
(k) SOIL REPORT:
The following soil information is taken from
information in the "U. S . Dept . of Agriculture
Soil Conservation Soil Survey of Weld County,
Colorado" , provided by Jim Redmond of the USDA
Soil Conservation Service (tel . 356-6506 ) . The
information is from map sheet #14 and text, p. 5 .
The map shows this property to be in an area of
Haverson-Avar soils . The soil on this property
best fits the description of Haverson: "deep,
well drained , nearly level to gently sloping
soils" . It is sandy to gravely. This property
is best described as "plains" , since the only
"stream" anywhere near is an intermittent drainage
called Spring Creek, more than one-half mile west ,
which carries water only during storm runoff . The
property is level , with less than two feet elevation
change across it .
( 1 ) OWNERS OF PROPERTY WITHIN 500 FEET OF THE PROPERTY:
A list is attached .
(m) MINERAL OWNERS OF PROPERTY:
Certification from Homestead Title, attached .
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