HomeMy WebLinkAbout20032956.tiff RESOLUTION
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RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT#1433 FOR A KENNEL,JUNKYARD,AND A USE
PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (VEHICLE
SERVICE/REPAIR) IN THE A(AGRICULTURAL)ZONE DISTRICT-LESLIE WINDYKA
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 12th day of
November,2003,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Leslie Windyka, P.O. Box 839, Kersey, Colorado 80644, for a Site Specific
Development Plan and Use by Special Review Permit#1433 for a Kennel, Junkyard, and a Use
Permitted as a Use by Right, an Accessory Use,or a Use by Special Review in the Commercial or
Industrial Zone Districts(Vehicle Service/Repair)in the A(Agricultural)Zone District on the following
described real estate, to-wit:
Lot A of Recorded Exemption#2174;being part of the
N1/2 SE1/4 of Section 20,Township 5 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Patrick Groom, 822 7th Street, Suite 760,
Greeley, Colorado 80631, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,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 denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.3 -- The uses which would be permitted are not be
compatible with the existing surrounding land uses. The surrounding
property to the north is currently agricultural;however,according to the Town
of Kersey,there are plans for it to be developed as residential housing. The
Latham Ditch and the Union Pacific Railroad, do not provide an adequate
buffer between the the property in question, and proposed residential
development.
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b. Section 23-2-230.B.4 -- The uses which would be permitted are not
compatible with future development of the surrounding area as permitted by
the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property lies within the Intergovernmental
Agreement Area (IGA) for the Town of Kersey. In a referral received
November 5, 2003, the Town of Kersey recommended denial of the
application because it is inconsistent with the Town's Comprehensive Plan
and existing residential uses; the maximum number of dogs allowed is too
high; it is silent as to how many puppies will be allowed; it does not address
the maximum number of animals by number or species of all animals
allowed on the site; and it does not address the storage and/or disposal of
car parts.
c. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards will not ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. The screening
will be inadequate to protect adjacent properties from nuisances, including
noise caused by the proposed uses, and the one-acre lot is insufficient in
size for both a kennel and junkyard.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Leslie Windyka fora Site Specific Development Plan and
Use by Special Review Permit#1433 for a Kennel, Junkyard, and a Use Permitted as a Use by
Right,an Accessory Use,ora Use by Special Review in the Commercial or Industrial Zone Districts
(vehicle service/repair)in the A(Agricultural)Zone District on the parcel of land described above be,
and hereby is, denied.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of November, A.D., 2003.
ARD OF COUNTY COMMISSIONERS
D COUNTY, COLORADO
ATTEST: g AD
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vid E. Lon , C it
Weld County Clerk t 452
. A Robe . Mas n, Pro- em
BY:
Deputy Clerk to the
J. Geile /
APPRO D AS •
MIN. J
--'County Atto y
Glenn lad
Date of signature: /7
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