HomeMy WebLinkAbout20032960.tiff SITE SPECIFIC .EVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number nnnm-�In-fal - nn - nnn
(12 digit number-found on Tax
I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description 1St AO{R6- 4174 ft. Ni , Section 2o,Township S North, Range64 West
Flood Plain: WO Zone District: Total Acreage: I , Overlay District: //d
Geological Hazard: /vO
FEE OWNER(S) OF THE PROPERTY:
. / Answer
Name: Leslie W1nJ1 A swcr;r1fie;vtcv
Work Phone# / -Home Phone#as'O—O$5 3 Email Address
Address: e). oX 39 Kellett CO 6444
City/State ip Code
Name:
Work Phone# Home Phone# Email Address
Address:
City/State/Zip Code
Name:
Work Phone# Home Phone# Email Address
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name:
Work Phone# Home Phone# Email Address
Address:
City/State/Zip Code PROPr E•
ena cina - Illiatc / ono, Vehi6le Se4v;€ /Rep4a
I(We)hereby depose and state under penaities of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that
the signatory has to legal authority to sign for the corporation.
,a EXHIBIT
Its Z.
Signature: Owner or Authori d Agent Date Signature: Owner or Authorized Aged
2003-2960 _5-
USE BY SPECIAL REVIEW QUESTIONNAIRE
.--` 1 ., Explain, in detail , the proposed use of the property„
KENNE:1... AND v :MI:cl...E: SERVICE/REPAIR/COMMERCIAL j(JNKYARD
(A:il other aci wen uses by right, accessory uses and other
uses by special review sha7.l remain available on the
I:lr'oper.ty.
This ari--zoned property was purchased in :L999 for the .
following uses raising (:1O(]s and rabbits and a son 's
vocation/avocation of racing and repairing vehicles. The
county ty was contacted :i.n ju:ty of :1.999, before the con tract
was finalized and I was given incorrect info concerning the
number of dolls allowed without the need for a use by special
review as a kenn(-:?:L through August of 200:1. .. .I. was then
advised to begin, the development of a USR and not to submit
unt:i.:L a c:campla:i-nt. was filed clue to disability and resulting
financial hardship.
At no time during the construction of the garacle cl:i.cl
anyone mention that the repair of other cars required a use
by spec:I.al review also, so my son used h:i.s skills as an auto
mechanic to assist a few others in need of help.. The total
cost of parts, etc:.. was included in the money he was ci:1ven
and would amount to income incidental to his annual salary.,
less than the proceeds from an annual garage sale or a
vehicle sale tolerated by icx:lse inter'preta'tion of county
At present.., the plan for indoor kennels to house up to
20 (2 year 4-) adult dogs on a permanent residence basis is
envisioned, limited to the indoor housing space available or
projected . Animals less than 2 years on site or up for
rescue/adoption or those on site for temporary kennel
services would not count towards the total .. The Colorado
State Pet An:i.nla:l. Care Facilities Act (PAC FA) Class; licensed
this site since .<:'.c)Q:I. for I:lc 1. placement and clog breeding . In
20(.)?., tia.nimall rescue- was added t:.:1 allow for adoptions of
puppies/dogs over 6 months. All uses under PACEA laic::ensure
are p(:l<ii?:;:1.1:1.1.e here, I:)u't'. .I. have no desire to operate a kennel
to board animals for the genera:I. puI:lJ.:1.c Boarding wi:u.:t
occur only for private individuals or purposes incidental
to the operation of my kennel .. The present goal is to
produce beagle l:lupp:Los according to the breed standard . All
beagles are out of champion show. or field trial lines with
up to :1.6'..'35 champions :1.n 6 generation pedigrees. In order
to evaluate puppies for pet., show, field trial , agility,
ut.:LL:l.ty„ tracking) ., or obedience purposes, it :Ls e...t.en
necessary to have puppies over the age of 6 months on site
for training and evaluation. Breeding, whelping, }:let
p:l.acement and training services are part of the present and
proposed operation. tins c:reened exercise areas for up to
rlc:icjs at a time are planned in addition to the :L35 ' X :L5 ' dog
run at the back of the? acre.
2. Explain how th:i.s proposal is consistent w:i.t.h the intent
�-. of tic:? Weld County Code, Chapter 22.. (Weld County Code„
Chapter :t9 covering ]GA specific to Kersey is included in
this response. ) .
Property was purchased be'for'e Kersey had an IGA..
There are no plans to extend tut.:l.:tit:ie".ES to th:l.ss whole area
along WCR 54 1/4, therefore, the need to apply for
annexation within the primary urban growth area (PUGA) :i.s a
moo-I:. point. According to Weld County guidelines for J.GA,
this area is not even el:i.g:i.hI.e for inclusion in the I- JGA for
:Lac:k of pJ.ariss to extend the sewer in a timely fashion at
this time. The property is also within '500 ' of the
secondary urban growth area (SVGA) which, qualifies our
petition for uses by special review to special consideration
under the IGA guidelines. This property is separated from
the Berryman annexation (a Kersey MUD) I:)y an i.ndustrial
zoned railroad right-of-way in use by Union Pacific: for
oilfield collections and ConAgra feed shipments on a regular
basis. The Berryman MITI) also calls for an indus't.ri.al
cemmer'ic:i.al zone within a 1/4 mile of my property to the
north of the railroad and a landscaped barrier along the
south side of the MLII) which would screen those r'essidential
estate properties from the railroad.
At the time :t purchased this property there were
several home based businesses in close proximity. At no
time was .l. ot > the Kersey
''~ informed of kllc. Berryman yrn<:u•i annexation or ".lac:. ICe.► ..>e:.y
l:nA 'u.n"t.:il my research this past summer (2002) ., The Kersey
Town Manager saw no problems with this proposal and
contacted tier? We:I.c3 County Planning Director.. The
Kersey--allowed density of dogs has a potential to be :L6•-2<)
per acre based on the :I.ot size in the Berryman annexation
and is even higher in parts of the town w:itli smaller lot
sizes. ) Kersey TCA speaks to the promotion of an
atmosphere as we:I.l as right to "farm policies and home
businesses.
The Kersey 3-mile referral area contains the most aq
intensive community area of Wc:?:Lc:l County ty with a variety of acl
uses, from feedlots :I.nclud:1.rici ConAgra alle:l Webster, dairies
and turkey production facilities to irrigated acreages which
raise corn, I:)earis.,c:)n:Lens„ a:1.'fa:1.'fa and grass hay,, and sugar
beets~ Livestock and domestic pets are numerous thr'oughou't.
the Kersey area w:i th Kersey at.i.:Lc)wing 4 domestic pets' per :I.ot
or 16-204- pets per- acre. Weld County allows up to 7
domestic pets per lot ( ' species) without a use by spec:i.al
review on an zoned properties.
Several. . large t annexations•' s -•. •Y,• .s a
._>c..vc:?r<:�.I. .L<:.1•".ae�. aririe•.x a" l t"tl'1. of J.ttu....,:.;�c.'i I'1e.)mc:.. wer"e-
approved after :C purchased my lot increasing the 1:ote?ntial
dc)mes"t.:1.c: pet population by 2,500 ( 1 ,000 of wh:Lc:Ii are to lie
located to the north of me to replace Berryman farrn and
feedlot. ) Kersey has sought someone locally to provide a
kennel. .for retention of stray animals and at present is
""-•.-contracted with -the:? I:::vans::• Animal Shelter.
73
3.3. I:_XkExplainhow)w t ii proposalproposalproposal :Ls (::(:consistentt., .h the� intent
• of the t,J(_sl.d County Code, Chapter :<•'3 and the zone district in
which it is located .
.�-. The Ag zone in which this site is located allows for
many uses by right, as acessory uses and uses by special.
review. The proposed spec:::Lal. uses intended are expansions:
of uses allowed by right, but require greater need for
parameters to insure that the uses be compatible to
surrounding lots through the use cif buffering or screening
and other design standards. In my proposal , the vehicles to
be repaired are screened mostly late model cars whic:h may be
screened by a fence built at property line as soon as
finances allow.. They are now stored and screened behind the
detached garage, no more visible than the slunk present on
surrounding properties, Some screened vehicles remain on
the concrete pad originally designated as a detached garage..
A promise to redirect the ultrasonics away from my property
would allow me to continue to use the run for clogs,.
The dogs: are housed indoors except for exercise in
areas outside as conditions allow. Numerous discussions
with a neighbor occurred concerning where my animals would
exercise, so I am upset that the use of ultrasonics in that
area of the dog run affected the well being of my animals.
If l: must screen with <a fence at property line„ then l:
intend t.c:.i expand I:he areas in which they exercise to include
more of the lot..
4. What t.yI::.c:• of uses surround the site? Explain how the
.........
proposed use :I.?::- consistent and {::{:?rrll:ia't.:I.I:?.I.e with surrounding
uses"
A11. of the surrounding uses are within the acj zoned
uses by right, accessory uses„ or uses available by spec:i.al.
review.. As mentioned previously there are existing and
proposed industrial/commercial zones nearby between WCR 54
:1./4 and the proposed Berryman MUD.. The whole area is act
zoned around me and existing covenants limiting ac) uses may
have expired in the Sandy Knolls Weld County Area., Several
people who were interested in the lot had ideas to develop a
O5d-? by special review to repair vehicles and/or other ag
uses for animal husbandry or use of the irrigation water..
They didn 't know that the Latham discourages 't'....e use of
water ups:Lope from the ditch and that in times of drought„
-the water is cut: for such things as simple irrigation of
landscaping and lawn . The recent Kersey IGA (2000) attempts •
in part to remove accessory uses and uses by special review
from ac; zoned land in the PtJGA q but other language
encourages the ag atmosphere to remain and in fact Kersey
has an animal processing plant within a residential
neighborhood.. In view of the fact. that the county will
continue to maintain and police the road WCR 54 1/4 and
Kersey is unable to extend sewer in a timely manner„ the
area is likely to remain act zoned.. Within the adjacent
properties, domestic pets, horses, rabbits, chic.kens., and
cattle are raised. The landscaping plans were implemented
by a professional landscaper. Kersey encourages the
planting of trees and I tried to enhance the roadside as
well as screen my lot from the road.
. 4
5a. How many peo!_ will use this site?
?
My two sons and 1 plus invited guests use the site..
5b. How many employees are 5 r.
t proposed to be. employed at this
site?
r'►.cture+ plans may include the need for paid kennel he].p
or car repair ass:Lstaanc:e„ I:tut no employees at this time..
:_ihours s'c... What are the ho of operation?
•E:i.{:Jr1?
Hours are by appointment„ not open to the general
public.
'.,'i{i.. What 'type and how many structures-type LJ ► ticr•e=:: w:i.:I.l. I:Jk:•? erected
(built) on this site?
Arl exempt building and detached garage are already on
site.. Plans to complete other structures are :in the
planning stages: possible animal lean-tos, 4"c:ar+ garage on
pad to eiasst of acl exempt bui.ldincl„ and another building in
:!.cower garden area 'f'or special uses.. Existing t• f.::x:J.st.a.rlcl detached
garage is convertible to ag exempt purposes. Animal
lean-tos Could convert to carport parking , etc,.
{. What 't:ype:? and how many animals, if any,, will be on this
site?
Rabbits a:u'1cI beagles can site are out of champion
lark:?ecl:inc1 stoc:k.. :I: have at present 4 adult (2 yr+) dogs plus
puppies on site as wk•.I.:t as 2 rescued fix!:?cI cats on site. Up
to 20 (2, year -a-) adul.t c:logfs on a permanent: residence basis
is envisioned with an expansion poss:1.133.0 and limited to the
indoor housing space available or projected . Animals less
than 2 years on site or Ill} for adoption or those on site for
temporary kennel services would not count towards the total.
:r have less than 200 rabbits on site w:i.th no plans to exceed
that nwnlaer at this time. All possible animals allowed by
act zone uses by r'igh't., accessory uses, or uses by special
review ccx.tid be pr'esen't: on site :1.n 't:lle fu'tur'e„
5f„ What kind ( 'type., size, weight) of vehicles will acaccess e.l C's
this ss:i.'te and how often?
ti!.{esiit vehicles, garage and automotive expertise cou1Cl
accommodate motorcycles up to truck rigs without trailers.
211 (2 lane) available for most of traffic pattern . Kennel.
trips up to 3-5 per week and automotive trips up to 6 per
week depending on 0# of back seat mechanics on site. Any
visitor to the site not departing in an appropriate manner-
will. be lectured by me about safe driving . WCR 54 1/4 is
not to be used for. 'lost driving of vehicles and recent speed
reduction in our area has helped reduce tendency to speed in
and out of town. Mos:st. other :I.otss have dual access around
the site; we have one due to upgrading of road status in
last decade.
5
1
5g . Who will provide fire protection to the site?
Platte Valley Volunteer Fire District
5h. What is the water source on the property? (Both
domestic and irrigation)
Central Weld, I declined a purchase of 3/8 Latham
Ditch due to legal constraints imposed by ditch co,. limiting
votes to those with 1 share or cheater and the preference
for treated water on acreage grounds for animal and human
health reasons.. Central Weld approves use of water for
purposes of nourishment and anima 1. :sanitation in spite of
drought restrictions..
5i_„ What i.s the sewage disposal system on the property?
(existing and proposed )
)
Septic for existing, the rest depends on future plans
of Kersey
5j . If storage or warehousing is proposed , what type of
:items w:1:l1 be stored?
Equipment pertaining to animal husbandry and vehicle
service and repair with other ag zoned uses by right
accessory uses„ and uses by special review reserved for
possible future uses.
6. Explain the proposed landscaping for the site.
The site has already been landscaped and screened„
plans for additional tree screening if necessary on the s-:i.te
for blocking ultrasonic use. Screening will be added to
enhanc:e compatibility with surrounding aq zoned acreages
from ground level (6 ' opaque fencing ) at neighbors expense.
The only neighbor w:i.th view of our activities has a two
story home elevated above our site, so an immediate need to
screen is inappropriate acid should not impede our uses as
the h' fence will only block 14--i.' on to the site. I will
add fencing to enclose exercise/grazing areas as needed..
7.. Explain any proposed reclamation procedures when
termination c:f the Use by Special Review activity occurs.
None foreseen at this t.:1.me unless zoning is changed .
/-% 6
rr
t:3. Explain how the storm water drainage will be handled on
the site..
.This site was extensively graded„ bermed and landscaped
by a pr'o'fessional landscape'' to lim:i.t the storm water
drainage off the road and across the lot... Drainage is from
the high SE: corner to the :Low NW. An extensive storm in
:L999 resulted in some standi.ng puddles and the drainage on
the :I.ow end cl:i.c:l not empty into the c:l:1.t.ch„ but :i.nto neighbors
an:imal pasture at the distance of 0----:1.00 feet from the
ditch,. An engineering firm's :i.dea to provide drainage
around the house was rejected by the county as unnecessary..
9. Explain how :I.orlcl it will take to construct this site and
when construction and landscaping is scheduled to begin .
See site map for location of possible s:ib:La construction of
buildings and screening to be scheduled as reasonable within
the financial constraints.
:L0„ Explain where storage and/or stockpile of wastes will
occur on this site.
n
Animals are housed us:l.nc:i shavings and spray
disinfection for sanitation . Animal waste is removed weekly
by trash pickup and some ral:)b:1.t. waste is used on grounds as
fertilizer. Automotive waste :Ls recycled at appropriate
facility, kept in enclosed containers; excess liquid
absorbed by cardboard panels and disposed of in weekly trash
pickup. Garage floor is not washed although garage is
designed with a full length grate for future conversion to
an:i.mal. use.. Area. for discharge of waste water is recessed
so :it w:i.l.:t not flaw into ci:1tc::h or animal area behind garage.
J
r qit% C., c2O 03
/
Dear Planning Commission and County Fic.,-f`er'r'a:I. Members,
r+ My name is Leslie Anne Windlykaa.. :I: live a a.t. 2562:1. WCF. r'4
1/4. I took a calling to teach at :I.7 and after 20 year's of
teaching , :c sat on a r'ew€-?.1.cied1 chair and the front legs fe:l:l.
off. They cut off my collar bone 'and removed we:1c:iht--I:)earinc!
ligaments :i.n the left shoulder, but cou:1.c:l not fix my ner::k..
:1: survived carbon monoxide poisoning in 1996 with health)
problems related to the exposure. :I: elm a I-'ERA disability
retired junior high Spanish teacher with limited energy, a
permanent partial disability rating, a fixed income?., and no
possibility of a job due to worker 's compensation
'1 : c.i:1.<.ss:la't.:1.e:)n passed 1:)y the state in 1991 . One prospective
eml:)1c:1yer• even stated they had the r-:i.gght. to discriminate
aciainsst you if you had a work related c:l:1 sab i.:i.:i.ty'.. :f. have
been working with t.hc:r Colorado Depar'tm€?n-t. of Rehabilitation
on i:):lams for self-employment since :1996
1: purchased m; lot in :1.999 prior to the Kersey
annex It:i.e:)ns and the Kersey IOA.. :I. was unaware of violations
when :I: first approached the Weld Planning Department for a
USR in 2001 . The USR process addresses and resolves the
violations as we].l as delineates the •futur'e use of the lot.
:I: have attempted to resolve a1.l complaints brought to me by
neighbors.
:I: refused to f:i.:me complaints c:ont::cr'ni.nc.i my neighborhood
as :I. feel there is no way to know the county code by
c:)bsc?r'vi.nci the c::orndi.•i:,1.d)ns in the count.y. I would recommend
't.I'ie public be made aware of the code through a series of
news releases highlighting various sections of the code and
that those in violation have plenty of time to correct them
as a USR is a very expensive process for the ordinary
household.
The Planning Department has tried to be responsive to
my difficulty to raise.'? USR application funds and complete
the application. They should not be reprimanded nor
pressured for the delay in presentation of the USR as a
resolution to tyre:? violations. There aar-e cioocl people who
have guided me in the preparation of the USR application. :I:
have acidi.t-i.onal remarks prepared to present in the event of
public comment. The USR pr'oposa:1. will also serve to confirm
my aq land uses by r:i.cilit, accessory uses as well as future
special uses rec:lui.r:i.nc-J compliance w:i'th county design
standards as they are applicable to the adi zone.. Previous
attempts have been made to s•t:r:11:) my :1.Ot of the rights due
land in the <adi zone suc::l't as c:1.aa:imi.riq an easement. by adverse
possession , attempts at reaching unpublished agreements
amongst r-ca1.'t.ot's and landowners and irregularities in the
transfer u-f the warranty deed by a cornp.l.a:1.nant. and -former
property owner.
God bless you for your consideration of my request.
wool Co',�nt�a ptannin,3 Dep��ment
�' `' ---
�
A
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Neighbor htbor'• complaints
.I. have tried to be responsive to neighbor 's complaints
and demands as I was developing my .:le:{-zoned acre. Here is a
:l.i.st of situations and resolutions. My ea<.:>'t. rie:icihi:or told
me t.hiat he thought God had given up on h:Lm and I decided to
double the prayers •f'c:'r all of his health problems.
:I: lac.tt <a contract can the property in July., 1999 with once
of the contingencies that 3: receive governmental approval to
raise cic)gss and rabbits on site. :L was told to call We:1.cl
County Zoning and Planning and a clerk told me5 dogs and
200 rabb:):i.ts:, were allowed without the need for a t.JSR and if
you wanted more a USR was required . The rea3.'t.or also called
and her :i.n'f'o was the same..
When :I: weant to the closing on the property,ty., :L c:ou3.c:l not
close because the east neighbor had refused to deliver the
warranty deed from 2 sales previous, so no one really had
clear title to the property. (The history of the
conveyances of the cleec:l w:i.l:l. document this. The eas:st
neighbor finally told the in :Late 200;L-•-ea.r:iy 2002 that he was
trying to pr'•event me from building a barn which is allowed
on an ag—zoned lot. ) I was able to close on the last day of
my :Loan lock, but a3.1, rea.ltc:)r's pressured me to say the l.ot
was residential zoned? I refused to mark residential and
instead marked it was an ae.J--"X.onocl lot which agrees with
county records. In other words, the east neighbor had
attempted to strip r:ac,3--z onee:i rights from the land w/o county
al:)pr•oval in return for cle:L:i.ver:i.rig the warranty deed .
A:l.l of this took place before the Berryman Annexation
to Kersey and the Kersey IGA were approved .
The east neighbors then proceeded to drive through my
lot repeatedly urging me to drive through their lot? :I: told
my neighbors to stop driving through m • :Lot and that. I was
not cirant.:1ng tl'ierri an easement... I ci:i.c:l not. realize that this
was called c:1.a:l.rn:ing an easement l:)y adverse possession until
a planner with the county confirmed it.
A former west neighbor asked me to take down a tarp
over my animal building during a heat wave., I complied and
lost :L0 of my champion rabbits.. I had to buy air
conditioners instead .
Whenever the east neighbor complained about the number
of dogs, :l: called Weld County Planning and Zoning and was
told several times that. 5 dogs was OK.. :L finally went. to
the Planners t.w:i.r::e in x'001 about. a USR anti discovered the
clerks hac:i been in error due:., to a poorly-worded paragraph
and had also been telling people in error that. with 10 actress
you could have 8 clogs w/o a IJ;ali..
My :ion is an auto rrie•?c::I't{itrl:1c/mi:acl'l:i.ni.st and w1kt. raised to
he:l.l:a ot.hers:. he I;,:l.ac::ed second in t.hi• h:i.uh sc::hcacal drags and
repairs the family vehicles. I built a garage for him to
war'I'. in W1.'1h county I:7er•rrl:r.t. process. At no time wAwer''e we told
he cou:id not help others anc:i the east neighbor even asked
him to repair his daughter 's car.. A].l income he received
ccau'l.ci be considered i.nc:l.dent-al anti equivalent to an annual.
garage {isail:L€ in value.
AI.1 neighbors to:Lcl me to continue talking to th:i.ss east
neighbor, so for two year's :l: met with Ii:i.m even once to twice
a week at t.i.mne% to listen anti try to resolve differences
over the dogs, burning weec.ls„ garbage on the ditch, mowing
the grass„ my garrc:ien,, moving landscaping and outbuildings to
preserve his view corridor, his use of ultrasonics broadcast
at. 130 clb above our hearing level which causes cicacjs to bark,
location of cic:ac:j run, sunflowers, tree screens, sleep
schedules ( tic•:? dogs were k:.c?(:a't'. :1.nsl.cie to allow his daughter
to sleep in the mornings as she had trouble getting to
sleep) , wet:..:ls„ etc. When he m<:tc:it•? fun of my disability and
to:l.c:l me that hie had 't....e r•-ight to approve everything on my
lot, l: gc.u:Lt talking to him.
:I: was burning wrec:ts :in C)c:tt.: bei' 20002., when the C?s:7S:;'1
neighbor c::on'f`r'on't:e•?c:I me angrily, concerned I was taking
pi.c„tur'es. He was unaware 't.ha't'. I had to complete the map of
structures within 200 ' of my property for the USR:.. I had
another neighbor a.nc•.ir'y at me for tak'.i.ricj I:a:Lc::t.ur'es thinking l:
was going to use them to f:1.:Le complaints actaln<.:st their
property uses..
Please cjrant the neighborhood amnesty to calm t'.hie fears
concerning misdemeanor charges, fines, jail time, and LJSR
fees. 1'hk:?r•e are very good people w:i.'Ihi.ii a 1/2 mile of me
including the town of Kersey that have no :i.dea whist the c::oc:le
is. Maybe the codes should be changed to reflect:t what is
ai,:Lc:awes:i or 't'.:i.mea ci:Lven for correction equivalent to the time
the violation was allowed tc:. exist. :rn my case, the wrong
planning depa.rt:ment. information I:aut me at odds with a
neighbor. A well-informed public makes good neighbors!
Hire more compliance officers with a proactive educ::ational
stance and leave the threats of :Legjal aC:t.:l.on as a :Last.
resort. The worssst. advice :I: received from a planner was to
wa:Lt until a complaint was filed bef'or'e working on the USR !
3
I.Jw>R....'--1.433 S:i.te SI:}t:?{:::1. f:ic. Conditions
n cc?I'tcer'n:l.ncj the Noise standard restriction on the lot::
The t:.,fi., ;.. Noise Standard section 25--12--LO2 (4)
Definitions says agr':1.c:t.l1.t.t.lral operations shall not be
included for noise restrictions. By virtue e of the uses by
ri.cglit: „ accessory uses, and uses by spec:Lal review defined
in the Weld Co. code:•? Chapter 23 for the agricultural zone in
wh:1c:h l: reside and am surrounded by on a:l.l sides, the
l:}osssE's:1.b.1.e uses on the surrounding 1.'t' acreages indicate the
maximum allowable noise to be allowed. The vc.'h:i.c::]es owned
by t'.l'i{•:? resss:l.{:Ie?n'I'.s:s {:}I'3 the c'ti:l:li:tcc.?1..x'1'. lots include/{J 1S-wheelers,
motorcycles, tractors, clump trucks„ diesel trucks, etc. all
of which would violate the proposed " residential" limits if
:i.d:l.ed near property rya Residential uses or r'at.ho... 't....
abandonment {:}'₹' ac; uses by right y accessory uses, and uses
by special review do not constitute an automatic rezoning to
residential zoning standards. Weld Co,. c:ocle states in
Seave?r'r:tl places t.hatt the code is in place to protect the aitCJ
zone? froir, residential uses or zones.. The value o'₹' act zoned
.I.anc:l and the possible:l.e t.......s for which act zoned land :is
reserved are to be I::.r{:}tected., Most of my neighbors want to
preserve their '#.'it'lur'e options to use their their 3 and '₹or ag
uses by r':i.:jht'. „ ac.J accessory uses, and aci compatible uses by
special review as already listed, I:}t.tt which are not. :I.:Lm:i.ted
to wha't. is written in the code(t cj 1.JSR $#U) .. All of the
various types of uses reserved to the aci zone constitute a
'� definition of sorts for 7
'k.l'te? i:tC. zone as a
cc:}mmer'c:::i.a:1/ i.ndu.str'iai. zone (Aci USR OR) for specific examples
as set apart from the other zones. Those who wrote the code
recognize the uses or activities therein as being) c:c:.mpa't:Lb.I.e
through the design standards which correspond to the zone iii
which the :lot is located and not to another zone. One
property owner's insistence does not rezone the adjacent
lots. Since ssst:t.t{:Iy:i.ncl the code, I have helped at least one
adjacent owner ...it1l.y exert::1.Se his ac:J rights • fter he was
told in error that he couldn ' t have but, a few cattle on 2
1/2 acres. :l' to:id him the truth that he could have 10 head
and t'.o ignore t.hat other advice.
The area in quest:Lon :is also bordered by an irrigation
ditch, another act zoned property an'.i further to the iiortIi by
�-. a railroad :indtustr:i.a:I. zone.. Within a i./4 m:I.:1.e in the
proposed Berryman MUD is a light c::ornmerc:::i.al.!industr'ial zone
included adjacent. to Kersey residential anti estate zoned
:I.crlss backing up to the i.ficlustr:i.al zoned and operating
railway line. The line serves the 7w:ift. feedlots and the
gas and oil tankers are accessed by a steady stream of
1B-wheelers delivering that type of product. Most of the
:ideas of my neighbor's indicate pass:il:?].e future uses o'f land
for home based business use„ To the west of me is the
secondary urban growth area which also qualifies those of us
on the edge (within 500 ' ) to special considerations for non
urban development. Our area was inappropriately included in
a primary urban growth area as the Kersey sewer plans do/did
not ca:l-:I. for an extension in our direction whic:h is a
condition for inclusion . We should be in a secondary urban
growth area properly by guidelines from •lhe cc:R(n't.y code,.
The covenants expire in 2007 in the Sandy Knolls act zoned
area and all of the lots are at. .Least one acre with septic.
The presence of dwellings indicating a res:1.cien'1:1.a:l. use does
not change the zone nor ].:im:it the ac:t uses by r'ighi'.,
accessory uses, and uses by spec:].al review. The planners
form t.ha-t. :1.nc:I:i.c:ates residential uses on property surrounding
my ].ot. .:iuss1 confirms the presence of a dwelling on those
:I.c. ts and is not an indication o'f total overall use , present
or planned . My farming activities are sma].3. ., but housed
indoors ;lust as the uses on the surrounding lots are not
r1necessarily . s • e Ixt 1 h a
visible �.':.I'liat.t•t. c_x't•.e..ri(:Ie:.c:l observation or
knowledge of their activities.
:t am licensed by the State Department of Agriculture
to raise dogs and rescue animals. My ne:1.c;hl:lor's have not
read my 6 pace plan according to the planner's.. The License
is issued by the State Veter iiiar:ian under the Pet Ani.ma].
Care Facilities Act. Ke:}rsey 'a Comprehensive Plan says it
recognizes the value of act industry and also encourages home
businesses and occupations, yet Kersey does not have an ag
zone in -their code? I am asking the county to preserve our
aag zoning with a:ll types of rights and protect our uses
against residential zone encroachment. Kersey can tell
people where they want: to see commercial/industrial
c:leve].oi:rnent within their town, but to 't.ce:t.l ac) zoned
neighbors that our r'igh'ts to develop or expand our uses or
exercise uses for the f:ir'st time without precedent use do
not comply w:Lth their plans to annex and rezone us would
deprive us of the present and future value of the land as
originally purchased . (Two attempts have been made to do
this according to longterm residents. ) The notices of
planning commission agendas are now posted :in Kersey instead
of just a meeting time as they were when .I: ar'r'ived in 1999.,
.-
Remember,, when :I. called :1.ii 1.999 to remove ve a contingency
t3.iigenc::y
on my purchase contract for governmental approval for
r� raising dogs and rabl: :1.'t.•.•: on the site, I was told ti`y dogs was
OK, if you raise more than two litters you iiee:•?d to contact
the state for a license (PACFr"i) anci if you wa.nt more dogs
apply •for a t!f:3F;.. Rabbits could no up to 200 under the 4
aan:i.matl units rule per acre. My disability keeps me from
raising Quarter horses as .i: did growing up so I: had t{:?
down≤n.I.ze.. Remember that these animals are my therapy
animals as well as as means to make ends meet on this site
and a source of self employment. I enjoy adopting the
puppies ..C.) families as companion animals. 1. was working on
a plan w:1th the State Rehabilitation :in the _m> : : business
application process when the complaint was filed and :f. lost
their support for fencing , etc., clue to the •fac::t the wrong
information was r1:1.ven to us by county planning and building
inspectors. Now that. state funds have been rut to the
Rehabilitation department, I may not be able to get help
Weld Co. cic....•jn:l.t:i.c:?ns of tt "noncommer'c:::i.a1. junkyard" a.
" commercial r'e:::1.a:l junkyard" are not caeiic:?r'a.1 public k:nlcowl.eciclo
Both must 17E'. screened....r."I'1 lill.!:'s". .I 1 efi. Under the definition of "Commercial"
even trading or giving away junk like we dc) at garage sales
can constitute a commerC::1.al junkyard on the site. If I
offer to buy an item from a neighbor th:a't. is stored :i.n ta.
noncommercial junkyard „ the sale makes the junkyard a
c::ommer'c::ial enterprise according to code.. If my son has to
sell the ce:)r'e of a j:)i:rr"t'. In disrepair in order to buy a new
....... one or reconditions All C).1.c:l engine for at buddy and then buys
a new engine for the vehicle he :Ls repairing , he has by
definition a commercial junkyard and not. it salvage
operation . Keep in mind we want no gener'a:1. I:)ulai.ic: driving
on the lot to see 1 f there are puppies, parts or repairs
available; everything is c:lc:)ne by referral or ar:lver't:1.si.rrcj and
is private by appointment only..
67
:r know the standards for my animal breeds as we.l.l as
anyone who could qualify for a judging team :1.Ike the 'WI
^ c:le?es:s,. My rabbits and dogs come from nationally recognized
breeding stock and we have the standards in eri:l.nei when we
breed. All animals have pedigrees except. for the rescued
cats on site. Weld Co., has left ot.tt certain domestic c breeds
that. are :i.nc::ludec! in t.he broader definition of an:imal
husbandry vth:1.c::h is spokenof in the code. A livestock
classified horse is just as much ait companion an:l.cnal as a.'? dog
or cat. In the nation, the?re have been several :landmark'.
:I.ec)al cases which strike clown attempts to exclude raising
certain docnost.:lc: animal breeds as agr'i.cul.t.ur'a.l. industry.
The sss•t:a.t.e does regulate this important agricultural industry
under PACFAr,, the Department of Agriculture and the state
vets office. Horses„ dogs and cats are cared for through
the end of their lives and l:?eop.le place a high value on home
raised pets and companion animals. The same principles p:les of
an:lmal husbandry apply to all breeds in the anima: industry
and pets have proven to be very important as a factor in
human health and outic:?ok especially in the:•? elderly.
I cl:i.d just v:i.ss:i.'t. with Pam in Public Health and Roger in
Building Inspection yesterday and am asking for a waiver of
the c::c:?ml:?1.etion of some conditions be'for€ I begin approved
uses in order to raise funds. This so Taal includes the
addition of 1/4 " of drywall to an interior wall of my home
to complete the thickness needed for a 1 hour f:1.rewa:ll
between the house and the claraagc.?, c i plugs for the aani.mal
building to prevent electrical problems and the I:?oss:1.hI.e
construction of an additional public bathroom to the east. of
the utility room to accommodate c::ommoclaa't'.e guests and future employees.
:l: mt.tst. <'alsc? ask the l:?t.t:1.1.d€ r for house plans that. 1: I'3+ii7*.:e:er
received aand make a p].aan of the e c exempt I,ui.:ici:ing fc:?r the
inspectors. If :l: may begin uses with '1he kennel and my son
can repair vehicles for friends and family the money for
these expenditures can be more easily raised.. I understand
that. the plot plan must. be filed 1.c?ci before uses begin. T. am
further requesting that the screening of the BEE container
be waived entirely as they are visible and therefore more
accessible for trash pickup in our whole neighborhood. 1:'f`
t.h:I.s cannot be wa:1.vee:I„ I ask for time to raise money to
screen without keeping the uses from starting.
1l'ee two letters .I. have received copies of are either
fu:I.:I. c:?'f inaccuracies or reflect a lack of understanding of
code definitions or a failure to read the site pr'oposal ..
have already spoken with some of the neighbors as someone
told them I was proposing to run a pub:1.:1.c:: salvage yard and
others were upset that a neighbor is telling them that this
is a r..esi.den't:1.aa:1. zone.. :C am praying for peace and patience
for the prec::eee:1:1.nct next. Tuesday. ]: would make a sLtetq€?s't.:i.or')
to mail the proposals which are public info anyway to at
least ac:l:iacent property owners which I wi.:1.1 try to do before
the meeting along:long with a few pertinent definitions frc?m the
code.
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,-..... Road File 4 54• '4
'RE:
Other Case No. US 2---
APPENDIX B
.D COUNTY ROAD A C SS INFORMATION SIiEE
Date:
Weld County Public Works Department
1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356 4000,Ext.3750 Fax: (970)304-6497
Phone 35cV — U�f53
1, Applicant Name i--�S�i rine' Phone
Address
�,S State CO Zip go 4,441
C. 0. Sox 831 city
2 Address or location of access Range
Section 12.- Township Block Lot
Subdivision
Weld County Road 4_1414— Side of Road 2T` Distance from nearest intersection Pa4%► %I 12, ulf rr or vita 51
� No #of accesses d-
3. Is there an existing access to the property? Yes_
4. Proposed Use: �!(H2xicultur� 0 Industrial
XPermanent A Residenti eacial O Other
Temporary
Subdivision O Comm
5. Site Sketch it
Legend for Access Description:
AGR = Agricultural ___1 L__________Li L
,r...,RES = Residential
D&G = Oil&Gas
D.R. = Ditch Road
U = House
O = Shed or Outbuilding
ro
--_— 54 4
*************************...**********.*....7**+KIM*....***...***... ...***
OFFICE USE ONLY: Accidents Date
Road 5 2 S AADDTT Date Accidents Date
Road
Drainage Requirement Culvert
Size Length
Special Conditions
***.********************************************************************* *.****************************
�1 O Information Insufficient
p Installation authorized
Title:
Reviewed By: m:wpf l \engineer access
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