HomeMy WebLinkAbout20032968.tiff BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS October 31, 2003 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES 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 PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR_USR-1433 IN THE AGRICULTURAL ZONE DISTRICT.
VONEEN MACKLIN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO )
)ss.
COUNTY OF WELD _(
The foregoing instrument was subscribed and sworn to me this / day of 4Clr-Lei` , 2003.
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
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Nov O6 O3 O9: O5a TOWN OF KERSEY (97O1353-2197 p. 1
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Town of Kersey 46'
Come grow with us
11
KERSEY
332 Third Street
PO. Box 657
Kersey, CO 80644
November 5, 2003
phone. (970) 353-1681
Michelle Katyryniuk fax: (970) 353-z197
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: Case Number USR-1433
Dear Ms. Katyryniuk, •
The Kersey Planning and Zoning Commission met in its regular monthly meeting on
November 4, 2003. At that meeting, the commissioners reviewed the proposed
Resolution of Recommendation to the Board of County Commissioners concerning the
above named case. Although the document does address to some degree the issues of
concern that were voiced in our letter dated August 7, 2003, the document does not
alleviate the concerns that were discussed at the time of the referral.
The Kersey Planning Commission is requesting that the Board of County Commissioners
deny the application for the Site Specific Development Plan and Special Review Permit
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, Case Number USR-1433 based on
the following concerns:
• That the request is not consistent with Kersey's Comprehensive Plan or the
existing residential uses;
• That the maximum of 25 adult dogs, over 6 months in age and to be used for
breeding purposes, is to high for the property in question;
• That the recommendation does not address a maximum number of dogs under the
age of 6 months;
• That the recommendation does not address a maximum number of animals, by
number and by species, of all animals allowed on the property;
• That the recommendation does not address the storage and/or disposal of car
parts (engine blocks, tires, etc.) that will be generated by the operation of a
"Vehicle Service/Repair" operation.
t Pi
3 /Yd ,
Nov 08 03 09: OBa TOWN OF KERSEY (970) 353-2197 p. 2
The commissioners acknowledge the strict conditions that the recommendation imposes
on the applicant, however there is some concern about the County's ability to monitor
and enforce such conditions due to the intensity of the proposed use. The commissioners
'urther request that the Board of County Commissioners weigh heavily the written letters,
Rhone calls and testimony from neighbors surrounding the property in question.
Thank you for your consideration of the comments from the Kersey Planning and Zoning
Commission.
Sincerely,
Trudy Peterson
Town Manager
['own of Kersey
cc: Kersey Planning Commissioners
Mayor and Board of Trustees
Weld County Referral
' July 11, 2003
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Leslie Windyka Case Number USR-1433
Please Reply By August 8, 2003 Planner Michelle Katyryniuk
Project Site Specific Development Plan and Special Review Permit 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.
Legal Lot A of RE-2174; part N2 SE4 of Section 20, T5N, R64W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 54 1/4 and west of Davis Road.
Parcel Number 0963 20 400034
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) September 2, 2003
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ 4'e have reviewed the request and find no conflicts with our interests.
I See attached letter. II
Comments: The LArHwnn l7,rct.t 15 ah rt.) E nlcr/r(t S,dC c� r)1 t5 froper Ty. j,(Je
burn rht ditch Iln Sprvtl and ulCald ct7cccr the -cn ce b7e P inn el
To be dose tv The dircin be Ocm n'ucrep) Sc) cirt would nor derneye Tbe
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Agency Pres,cleMr - -1-elverLArhm,\ P.'rr-L ea-
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-64
`‘:a€ar21wr' t
MAILING LIST FOR NOTICE OF HEARING
DOCKET#2003-79
^This is the mailing list for the Notice of Hearing, Docket#2003-79, that was addressed to the
following property owners. Under the column Acreage amount, the property owner declared how
many acres they own. Under the columns 1st and 2n°, the property owner states if they received the
1st notification of the meeting on Oct. 2,and if they received the 2"tl notification for the Nov 12
meeting.
Y is for yes, they received and N for no, they did not receive. As you can see, some of the property
owners that should have received their letters did not.
BERRYMAN FARM COMPANY JOHN AND HELEN MACKENZIE
PO BOX 525 PO BOX 178
KERSEY, CO 80644 KERSEY, CO 80644
HARRY AND BERTHA BLEHM LARRY AND JANET MILLER
25545 SANDY KNOLL BOULEVARD 25596 WELD COUNTY ROAD 54 %
KERSEY, CO 80644 KERSEY, CO 80644
DALE AND PATRICIA CARROLL RONALD AND CYNTHIA MILLER
25704 WCR 54 % 25615 WELD COUNTY ROAD 54 %
KERSEY, CO 80644 KERSEY, CO 80644
JIMMIE AND ROSE DOMINGUEZ GLADYS MOWERY
r 25612 WCR 54 % 26475 WELD COUNTY ROAD 51
KERSEY, CO 80644 GREELEY, CO 80631
LUCILLE AND JOHN DUELL ALFRED AND ESTHER PETERS
TRUSTEES REVOCABLE TRUST
26542 WCR 51 25641 WELD COUNTY ROAD 54 14
KERSEY, CO 80644 KERSEY, CO 80644
O20-) REDERICK AND LINDA FANGMEIER CURTIS AND JULIE PIPER
" a 25701 WCR 54 % 601 SOUTH 1ST STREET
V' KERSEY, CO 80644 KERSEY, CO 80644
JOHN AND JUDIETH HILLMAN RONALD AND SHARON SHAFFER
25644 WCR 54 '% 25580 WELD COUNTY ROAD 54 %
KERSEY, CO 80644 KERSEY, CO 80644
MARK AND LISA HODSON
26349 DAVIS ROAD
KERSEY, CO 80644
DARREN AND CYNTHIA HORN
26344 DAVIS ROAD
KERSEY, CO 80644
KATHRYN LAWLEY a .,
25575 SANDY KNOLLS BOULEVARD I '"
KERSEY, CO 80644 .,
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We the property owners adjacent to the property of Leslie Windyka, P.O.
Box 839 Kersey, Colorado 80644, applying for : PERMIT #1433
', SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT 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.
By the signatures on this petition we are OPPOSING the Zone change,
as we are also in opposition to any and all Development Standards that
have been approved by the Weld County Planning Commission. We implore
the Weld County Board of Commissioners to appeal their decision.
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We the property owners adjacent to the property of Leslie Windyka, P.O.
Box 839 Kersey, Colorado 80644, applying for : PERMIT #1433
SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT 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.
By the signatures on this petition we are OPPOSING the Zone change,
as we are also in opposition to any and all Development Standards that
have been approved by the Weld County Planning Commission. We implore
the Weld County Board of Commissioners to appeal their decision.
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Nov. 10, 2003
TO: WELD COUNTY BOARD OF COMMISSIONERS
RE: USR — 1433
Leslie Windyka
On behalf of the neighbors encompassing the area adjacent to the above
applicants address, 25621 CR 54.25, Kersey, CO, we submit the following petition.
The signatures on this petition reflect the objections to the passing of USR-1433. In
doing so we address the following concerns.
We write this letter, in an attempt to bring to the attention of the Board, certain
conditions that have existed on this property for the past 3% years. In doing so, we
wish for our concerns to be heard and our questions to be answered, for the good of our
homes and community.
1. Neighbors have been referred to as "complainers and troublemakers"
• This definition only exists in the mind of the applicant. As neighbors to the
applicant, we have all had experiences of trying to be of assistance to her, only to
have her take the very help that was being given and turn it into something totally
unheard of.
2. Proposal Uses will only be (1) acre
• The Standards for Review allows this 1 acre to occupy spaces that will consist of
fence to fence area & building to building, full of animals and junkyard. The
applicant notes in several places, in her submitted documents to the Planning
Commission, her "plans for expansion." These plans, as also stated, will
"include, kennels, junkyard parking slabs, and dog runs".
• Question: The statement, "ONLY 1 ACRE," needs to thoughtfully be
reconsidered, since, within this 1 acre, there will be the following:
The EXISTING large shop
The two EXISTING kennels
Two separate areas for junkyard space
Dog runs, already existing
Her plans are to use the garage, attached to the house, also as part of the
kennels.
Aren't these plans for, the applicant's interpretation of, a "kennel," legally
considered a Puppy Mill?
Another building? The remains to be seen, of what may be known as a
residence, is an overgrown kennel and junkyard.
3. Ability to run a kennel,junkyard, and vehicle servicelrepair shop
• It is the applicant who elaborates on her injuries, quote: "They cut off my collar
bone and removed weight-bearing ligaments in the left shoulder, but could not fix
my neck. I survived carbon monoxide poisoning in 1996 with health problems
related to the exposure." She states also of her, "limited energy".
• Question: Will the applicant be able to keep up with all the requirements to be
expected for these types of operations, as proposed? Or, will the surrounding
area suffer, due to her stated possible handicaps, which may restrict her from
properly maintaining the facilities?
4. Provisions for the health, safety & welfare for the residents of the
neighborhood & County
• Applicant states, in her October 7th comments, that "the rat infestation has been
taken care of." However, on the afternoon of October 12, the applicant
approached resident Rachelle Shaffer at 25580 WCR 54 %, about the current rat
infestation issues the applicant had. She also gave warning to Rachelle about
keeping all kittens/cats away from the area (even though there are none actually
owned by this residence), as she had rat poison set out.
This is certainly not the first time this type of conversation has taken place, nor
will it, we fear, be the last. Our main concern, as surrounding neighbors, is our
health and quality of life. The neighbors in this area consist of grandchildren,
from infants up to their teens, who frequently visit grandparents, middle-aged,
and elderly individuals (who are 83 & 89).
• The applicant has taken a dead rat to the east neighbors home and placed it on
her east neighbor's deck, who happen to be the elderly couple, just to prove she
has rats. Delivery people delivering dog food and personally placing it in her
kennels have seen the problems.
• Question: With the increase of animals and abandoned vehicles, the current
problems can only inflate. How will the County ensure this situation doesn't
evolve into something disastrous?
The planned subdivision, behind the applicant's property, will be one of the
utmost in beauty in the Town of Kersey, thus being only an improvement for the
area. This subdivision will include a park where children will frequent, as well as
approximately 300 homes with families, and a recreation center with a ballpark.
A kennel with dogs barking and motors racing from a young mans dream of fixing
cars, and working on "dragsters," (as directly reference in the applicant's letter to
the Planning Commissioners), does not sound like the desired surroundings of
such a neighborhood.
Is Weld County willing and able to take responsibility for the elimination for such
described quality of life for not only the current, but future inhabitants of this area,
as well as the Town of Kersey?
5. Applicant alleges to have been given false or misleading information from the
employees of the County
• Per the application, the applicant refers to information given her, from County
employees as misleading or false, and codes & laws that were written incorrectly,
but only when they might have a negative effect on her plans.
• Question: Due to the applicant's previous misinterpretation of laws, codes, and
regulations, how will the County insure the applicant correctly deciphers all
codes, laws, and regulations, as they apply to her operations, to make sure she
stays within her boundaries? How will she interpret the granting of"maximum
number of animals?" or the maximum number of vehicles allowed on the
premises? Will it be left up to her"interpretation" or will it be according to the
actual regulations & codes?
6. Applicant's misinterpretation of County Codes
• Different Sections of the County Codes have been challenged by the applicant,
constituting as complaints, which only show her misunderstanding of them. For
example:
a) Uses by the railroad
- The railroad is hardly ever used by Con-Agra except during corn harvest
season, to bring in corn from Nebraska and other areas. At that time, it is
primarily used at night rather than in the daytime. One would be totally
unaware of the train unless you saw it.
b) Latham ditch
- The ditch is something that existed on the right of way area when she
knowingly purchased the property.
c) The Berryman Annexation
The Annexation has been in "notice" status since 1996. There have been
articles in the local papers and Town meetings have been held to review
the plans by the town's people. No information has been withheld from
the applicant concerning the development plans for this plot of land. In
fact, she has even visited with several neighbors about the possibility of
the actual construction of this development.
We ask at this time, the Commissioners please review all of the facts, some
demonstrating the applicant's resilience in complying with County Codes or Rules
previously set. All we wish for is our well being, homes, properties, and dreams are
also considered with the applicant's request for the area to be re-zoned.
Thank You
The Surrounding Neighbors
(See attached petition for signatures)
Enclosures (3)
ANIMAL ADVOCATES SOCIETY OF BC - INVESTIGATIONS OF PUPPYNIILLS A.. Page 9 of 11
PUPPY MILLS - A DEFINITION
The Humane Society of the United States provides this definition of puppy mills: "Puppy mills are
breeding facilities that produce purebred puppies in large numbers.The puppies are sold either
directly to the public via the Internet,newspaper ads,at the mill itself,or are sold to brokers and pet
shops across the country."
....A puppy mill has been defined by the NCAC as a high-volume,sub-standard dog breeding operation which
sells purebred or mixed breed dogs,to unsuspecting buyers.Some of the characteristics common to puppy mills
are:
a)Sub-standard health and/or environmental Sues;
4)Sub-standard animal care,treatment,and/or socialization;
c)Sub-standard breeding practices which lead to genetic defects or hereditary disorders;
d)Erroneous or falsified certificates of registration,pedigrees,and/or genetic background.
Note:These conditions may also exist In small volume or single-breed establishments.
The MS definition;
A puppy mill is any place or person or business that:
1. Breeds more than one dog at a time;
2. Sells pups without screening of the purchaser;
3. Sells pups to retail pet stores and puppy resellers;
And/or keeps the dogs and pups:
1. Isolated from human interaction: i.e. exclusively in kennels, sheds, garages, trailers,
pens, basements and closets;
2. In conditions generally accepted by the public to be dirty and unhealthy: in cages and
buildings that lack light; outside in rain and cold; in mud; feces and urine;
3. In a condition generally accepted by veterinarians as unhealthy; skin, ear, eye, penis
and vaginal/utereal infections; rotten and broken teeth; overgrown nails; parasitic
infestations; and other disease and unhealthy conditions.
Puppy mills generally breed pure-breds or popular mixes and charge several hundred
dollars to a thousand dollars per pup. Many puppy mills are registered with the Canadian
Kennel Club.
BACKYARD BREEDERS-A DEFINITION
A backyard breeder is a person who:
1. Breeds only one dog at a time;
2. May breed their dog Just once, but for the purpose of making little money;
3. May repeat breed the same dog;
4. May dispose of one dog and obtain another(more lucrative)to breed;
5. Often keeps the dog and pups In a yard, garage, shed, basement, closet, or pen;
6. May sell puppies as young as four weeks, with no vaccinations, and for as little as$50,
although some backyard breeders sell pups of more desirable breeds for several
hundred dollars each.
7. Often breeds the pups that end up being killed in pounds when they are abandoned as
unwanted adults: cross breeds of German Shepherds, Rottweilers, Dobermans,
Huskies, Pit Bulls, and other large breed dogs.
A backyard breeder does not include the family or person that breeds the faulty dog once
and keeps the pups in the house with them, making sure the pups are wed and healthy, does not give away or sell the pups until ey life 10-12 weeks old, and carefully
screens prospective adaptors, making several hound es visits and refusing a pup to unsuitable
Molt
hup://www.animsladvocates.com/puppymill-investigations.htm 11/0212003
r
CONSTRUCTION • AGGREGATES LEASING '" GOLF
EXHIBIT
Ms.Michelle Katyryniuk
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80632
RE:Case Number USR-1433
Dear Ms.Katyryniuk,
The above referenced case is for a property south of Berryman Farm Subdivision in Kersey,Colorado.We
represent the landowners of Berryman Farm and on their behalf have the following comments on case
USR-1433.
We support the Town of Kersey Planning Commission recommendation to deny the request.We concur
that the request is not consistent with the Towns Comprehensive Plan.The subject area is existing
residential.While the zoning is Agricultural,which allows for a landowner to apply for a special use
permit for the intended use,the proposed use is not compatible with the existing uses.The area is an
existing residential area not an agricultural area.
We take issue with the County Planning Commission motion on the following items:
Reasons:
2.A. We do not believe the intent of Section 22.2-60(A.Goal 1)to"conserve agricultural land"was
intended to apply to 1 acre residential parcels,but rather larger parcels of agricultural land.
2.B. The present use as noted in this finding is in violation for operating without a USR.
2.C. The surrounding uses are not compatible with the proposed use.The property to the north is an
approved residential community,which is presently under development with the first phase
development to be completed this fall.This neighborhood will be a traditional quiet small town
development compatible with the rural one-acre residential area to the south.The agricultural use
referenced of the Berryman Farm is temporary.Any consideration of the proposed USR should be
sensitive to the approved uses to the north.
2.D. We do not believe this finding is correct.The proposed use is not compatible with the future
development that has already been approved and being developed,nor is the proposed use
compatible with the Town of Kersey Master Plan. We do not believe the Town of Kersey
concerns have been addressed.
2.F. We would agree the small size of the applicants'property limits its agricultural value however,
the USR request to permit a kennel and junkyard does not demonstrate a"diligent effort to
conserve prime agricultural land".The one acre site and its surrounding similar sized sites and
uses would seem to indicate that the appropriate zoning for the area would be residential.
2.G. We do not believe adequate provisions for the protection of health,safety and welfare of the
inhabitants of the neighborhood have ensured.
Conditions of approval:
1.C. This review should be completed within 120 of USR approval and if system is inadequately sized
the system should be brought into compliance prior to any improvements or within 120 days of
the review or the USR approval is void.
1.D. This evidence should be provided prior to approval of the USR.
I.E. This evidence should be provided prior to approval of the USR.
1.J. This should include all sides.
2. There should be a specific time frame for completion of the items in I. above.
Site Specific Development Plan—Development Standards
If the Board of County Commissioners is persuaded to approve the USR we would request the following
additions be made to the standards:
HALL- I RWIN
CORPORATION
3026 4rf AVE. GREELEY. COLORADO 80631 PO. Box 2150 GREELEY, COLORADO 80632
970-352-6057 '303-654-1684 METRO `970-352-6284 FAX
14. All lighting should be shielded and directed so not to be directly visible from adjacent property.
/-. 15. The number of dogs should be evaluated similar to number of animals allowed per acre on other
agricultural or residential land.
16. The storage areas,buildings and related impervious areas seem to be excessive for the size of the
property.How are vehicles defined?If there are parts stored outside is that considered a vehicle?
18. What is the approved screening and how is it to be maintained?
19. Residential development to the north is occurring and solid wood fencing shall be installed along the
north property line with the initial improvements.
20. Hours of operation for the junkyard should be limited to 8am to 5pm and not on Sunday.
21. The last part of this sentence beginning with"or"should be deleted.
24. Add"However all areas not shown on the plan as impervious shall be maintained in living plant
materials."
34. Revise to read any deviations from the plans without County approval after public hearing shall be
cause for the USR to be revoked.Delete the last sentence.
36. The USR shall be valid for a period of two years and thereafter be subject to review.
37. The property is within the planning and future growth area of the Town of Kersey and therefore when
the property is eligible for annexation to the Town,the USR permit expires and the applicant
agrees to annex to the town and comply with town codes.
We would encourage the Board of County Commissioners to deny the requested USR based on its
incompatibility with the surrounding area and over use of the property. We appreciate the opportunity to
comment on this request.
Sincerely,
Stephen anson
/`` Manager of Development Services
Representing:Lot Holding
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PL1689
2003-2968
Large Maps Located in Original File
Exhibits K and L
Not Scanned
Memorandum
TO:Weld County Board of County Commissioners
CFrom: Charlotte Davis,Environmental Health Services
COLORADO DATE:November 12, 2003
SUBJECT: USR-1433 Leslie Windyka
Due to concerns regarding rodents on the property I am recommending that the following
conditions be added to my referral:
We recommend that the following requirements be met prior to allowing the plat to be recorded:
1. The applicant shall submit a pest abatement plan to the Environmental Health Services,
Weld County Department of Public Health&Environment, for approval.
We recommend that the following requirements be incorporated into the permit as development
standards:
1. The applicant shall operate in accordance with the approved"pest abatement plan".
R. y4t�XS 4
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