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Home My WebLink About20033132.tiff HEARING CERTIFICATION DOCKET NO. 2003-79 RE: 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 A public hearing was conducted on November 12, 2003, at 10:00 a.m.,with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tern Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Michelle Katyryniuk Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated October 24, 2003, and duly published October 30, 2003, in the South Weld Sun, a public hearing was conducted to consider the request of Leslie Windyka 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. Lee Morrison, Assistant County Attorney, made this a matter of record. Michelle Katyryniuk, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. Ms. Katyryniuk gave a brief description of the location of the site and reviewed the various improvements to the site and surrounding land uses. She stated ten referral agencies reviewed this proposal,and eight responded with comments which have been incorporated into the Conditions of Approval and Development Standards. She further stated the subject property is within the Town of Kersey Intergovernmental Agreement boundary, and Kersey's referral response dated August 7, 2003, indicates the proposal does not comply with its Comprehensive Plan. Ms. Katyryniuk stated staff received a second referral from the Town of Kersey, dated November 6, 2003, recommending denial of the application; however, that correspondence was not reviewed by the Weld County Planning Commission. She stated staff also received seven letters from surrounding property owners. Ms. Katyryniuk submitted a memorandum from the Department of Public Health and Environment, dated November 12, 2003, marked Exhibit M, recommending changes to the Conditions of Approval and Development Standards,and she reviewed various photographs of the site and surrounding properties. In response to Commissioner Geile, Ms. Katyryniuk stated she counted 29 rabbits which were housed in two separate buildings. Mr. Morrison stated rabbits are considered livestock, not household pets, and they do not fall under the Use by Special Review definition of a kennel. Responding to Commissioner Masden, Ms. Katyryniuk stated this property 2003-3132 PL1689 ("I) ; /9Z,Ito, tit re-6 HEARING CERTIFICATION - LESLIE WINDYKA (USR #1433) PAGE 2 is one acre in size, and the closest surrounding property owner is approximately 100 feet away. Responding to Commissioner Vaad, Ms. Katyryniuk indicated the three areas which will be designated for commercial junkyard storage of six vehicles. In response to Commissioner Geile, Ms. Katyryniuk stated this is Lot A of a Recorded Exemption; it is not part of the subdivision which is located to the south; and she is not aware of any other kennels within close proximity. Char Davis, Department of Public Health and Environment, stated due to concerns regarding rodents,staff is requesting changes to the Conditions of Approval and Development Standards as stated in Exhibit M. In response to Commissioner Geile, Ms. Davis stated she received one complaint and inspected the site on November 7, 2003; however, she found no evidence of rats. She stated she found one mouse,and the remainder of the site was very clean and no other health concerns were noted. Donald Carroll, Department of Public Works, stated the site is accessed from Weld County Road 54.25,west of the Town of Kersey. He stated the road is paved and classified as a collector status road. He further stated Condition of Approval#1.B.3 requires the applicant to reserve an additional 10 feet of right-of-way for future build out. Mr.Carroll stated Sandy Knolls Subdivision is located to the south, and Weld County Road 54.25 is paved and maintained by Weld County. Patrick Groom, attorney, represented the applicant and stated Ms. Windyka purchased this site three years ago, and she is a licensed breeder of beagles. Mr. Groom stated the applicant's son does vehicle service and repair,and if this application is approved,they will never have more than six vehicles on the site. He stated the vehicle service and repair would be allowed as a Use by Right or Accessory Use in the A(Agricultural)Zone District if it were not commercial in nature. He further stated the vehicles will be screened, and the development which is planned to the north, will be buffered by an existing ditch and railroad tracks. Mr. Groom stated the applicant is proposing to have a maximum of 25 dogs,which will be kept primarily inside,with occasional use of the outdoor dog run. He stated the site was inspected by staff last week and no evidence of rats was found,and the applicant only has 29 rabbits. In response to Commissioner Geile, Mr. Groom stated this is not a boarding kennel for public use;the applicant only houses her dogs,which she breeds. He further stated Ms. Windyka currently has four beagles, and she also operates a beagle rescue which places dogs in adoptive homes. Responding to Commissioner Vaad, Mr.Groom stated the Town of Kersey's Comprehensive Plan does not have a kennel category, therefore,this use was found to be inconsistent. He stated Kersey also expressed concern with the number of animals at the site;however,they reference a number higher than what is being requested. He further stated the area to the north is being developed with quarter-acre lots, which would each be allowed to have four dogs under the Kersey Comprehensive Plan. Mr. Groom stated Weld County does not identify dogs less than six months of age in the permitted amount, and the applicant has no reason to exceed the restrictions of this Use by Special Review Permit. He stated most of the complaints are not based on the facts of the application or the true conditions of the property. He further stated all vehicle repairs occur within the designated structure,and animal wastes will be properly removed from the property,so there will be no seepage into the Latham Ditch. Responding to Commissioner Masden,Mr.Groom stated the closest residence is 150 feet from the applicant's residence,and 200 feet to the dog run,which is on the northernmost portion of the lot. Responding to Commissioner Geile, Mr. Groom stated the application was increased from 20 to 25 dogs to account for potential dog rescues which may involve more than one dog. 2003-3132 PL1689 HEARING CERTIFICATION - LESLIE WINDYKA (USR #1433) PAGE 3 Gerald Brethauer, surrounding property owner and Co-chair of the Kersey Planning and Zoning Commission, stated the Town was not aware that the applicant had retained the services of an attorney, therefore, correspondence was not forwarded to his office. He further stated they were not informed of an amended application; however, the Kersey Planning Commission is still recommending the Board of Commissioners deny this application. Steve Hanson spoke on behalf of the property owner of the Barryman Farm Development located to the north, and he submitted a letter, marked Exhibit I, addressing staff's comments. He stated although this use is allowed under a Use by Special Review Permit, he supports Kersey's position that this proposal does not comply with the Town's Comprehensive Plan,which should be taken into consideration pursuant to the Intergovernmental Agreement. He further stated although the property is zoned A(Agricultural),the surrounding area is residential in nature, and the proposed use is not compatible. Mr. Hanson questioned when the proposed improvements would occur, and if approved, he requested that the applicant be required to fence the north side of her property,shield the lighting,and prohibit junkyard operations on Sunday. He stated Development Standard#21 is vague and needs to be modified, and he requested the life of the permit be limited so that it becomes subject to Kersey's regulations if it is annexed in the future. Mr. Hanson submitted three photographs of the site, an oversized aerial photograph, and a Plan for Barryman Farm, marked Exhibits J, K,and L, respectively. He stated the Barryman Farm Planned Unit Development,was approved three years ago by the Town of Kersey,and the lots are currently under development and will be for sale by the end of the year. He stated lots near the proposed kennel are approximately one-third of an acre in size,and he feels the Barryman Farm development will be a nice addition to the Town of Kersey. Sharon Shaffer,surrounding property owner,referred to a petition of opposition, marked Exhibit H, and stated there are 17 property owners within 500 feet of this application. She stated the residents are concerned with the prior and current conditions on the site. She referenced the Planning Commission minutes from October 7,2003,where the applicant stated she eliminated the rats with poison. Ms. Shaffer expressed concern with potentially safety hazards to neighborhood children, as well as vesting this property right and the use on the property that could potentially be sold. She stated the only other similar use is owned by Dr. Powell who lives on the other side of the Sandy Knolls Subdivision where he does board animals. She further stated 25 adult dogs could result in a significant amount of puppies to be sold. Allen Peters represented his father,Alfred Peters,who is a surrounding property owner. He stated the applicant's property is a long narrow lot, and he questioned how the animal waste will be handled. He also requested information regarding restroom facilities,weed control and mowing, screening, noise pollution, and rodent problems as a result of dog food storage. Ron Miller,surrounding property owner to the west,stated he is opposed to this application because the use could potentially impact his property value. In response to Commissioners Vaad and Geile, Mr. Miller stated his property is three acres, and he is not aware of any other commercial businesses in the area. 2003-3132 PL1689 HEARING CERTIFICATION - LESLIE WINDYKA (USR #1433) PAGE 4 Steve Deuback stated he is the previous property owner who created Ms. Windyka's property through a Recorded Exemption, and he had an agreement with the developer not to create any corrals at the request of the neighbors. He stated this area is residential in nature, the Town of Kersey is developing to the north, and the proposed use will be a disadvantage to the neighbors. He stated he had no intention of a kennel use on the lot when it was created, and he expressed concern with animal wastes polluting the ditch. He further stated the area adjacent to the ditch is supposed to remain open for maintenance and burning. Mr. Deuback stated, in general, beagles are a barking breed, so he anticipates there will be many problems with noise. In response to Commissioner Geile, Mr. Deuback stated he sold the lot to Lewis Ray Construction which built the house and sold the property to Ms.Windyka, so he was not personally involved in the transaction to the applicant. He stated Dr. Powell's property is one-half mile away in a rural area. Responding to Commissioner Masden, Mr. Deuback stated there is a right-of-way adjacent to the ditch,which is accessed from Weld County Road 54 to the west. In response to Commissioner Jerke, Mr. Deuback stated Dr. Hoff sold his property and moved. Kathy Barryman,owner of Barryman Farm,stated they are currently developing their lots,and their plans have been underway since 1996 as a Planned Unit Development. She stated they did a lot of research and worked with consultants to create a multi-use development. She stated the lots north of the applicant's property are larger estate lots, which will be negatively impacted by the barking and views of a junkyard. If approved, Ms. Barryman requested the Board require sound barriers and screening of the junkyard operations. Melanie Troutman stated her father owns property east of the proposal and they have had problems with the neighbor's dogs barking in the past. She stated the kennel is very close, and the current screening consists of galvanized metal, which is not very nice to look at. She reviewed the surrounding uses in the area,and expressed concern with whetherthe applicant would be required to provide public restrooms. She stated the proposed landscaping will not be adequate because the trees will loose their leaves in the fall,and she questioned how many puppies will be allowed. There being no further comments, Chair Long closed public testimony. In response to Commissioner Geile, Mr. Brethauer stated the Town of Kersey has no provisions for a kennel; Dr. Powell is the closest, and his property is located one-half mile south of town. Mr.Groom stated the restrictions of this Use by Special Review Permit will benefit the development to the north,and the applicant is willing to place a buffer along the north property line once Barryman Farm is built out. He stated the applicant is willing to only allowing four dogs outside at anyone time, which is a Use by Right. He further stated the kennel is enclosed,and the dogs cannot go in or out unless released for walks in the pen. He stated the Kersey Comprehensive Plan designates this area as residential; however, the property has not been annexed, and the site is still zoned agricultural. He stated Kersey's future intentions for the area are not grounds for denial of this application, and the Intergovernmental Agreement only requires the County to take Kersey's comments into consideration. Mr. Groom stated the proposed use and impact is no greater than any Use by Right allowed in the A(Agricultural)Zone District,and the applicant is willing to abide by the strict requirements of this permit. In response to Chair Long, Mr.Groom reiterated the applicant is willing to limit the number of dogs allowed outside at one time to four at a time. In response to Commissioner Geile, Mr. Groom stated the applicant is proposing to dispose of the waste in dumpsters that will be emptied on a regular basis, and the plan is subject to review and approval 2003-3132 PL1689 HEARING CERTIFICATION - LESLIE WINDYKA (USR#1433) PAGE 5 by the Department of Public Health and Environment. He stated Ms.Windyka lines the dog pens with wood shavings that are removed once they are soiled. Responding to Chair Long, Ms. Davis stated Condition of Approval #1.C requires an engineered evaluation of the septic system, and Development Standard #7 allows the applicant to use her residence to provide adequate hand washing for employees and invited guests. Responding further to Chair Long, Ms. Katyryniuk stated pursuant to Condition of Approval#1.1 the applicant needs to improve the existing screening around the storage areas, and the sample of mesh material which will screen the dog run needs to be completed. Following discussion, the Board concurred with recommendation of Health staff as cited in Exhibit M,as well as including additional language limiting the applicant to four dogs outside at any one time. In response to Chair Long,Mr.Groom indicated he and the applicant have reviewed and concur with the Conditions of Approval and Development Standards as discussed. Commissioner Vaad commented he believes strongly in the personal property rights of the applicant and the surrounding property owners. He stated screening can be added; however,the proposed use is not compatible with the surrounding area,therefore, he moved to deny the request of Leslie Windyka 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,ora Use by Special Review in the Commercial or Industrial Zone Districts(vehicle service/repair)in the A(Agricultural) Zone District. The motion was seconded by Commissioner Geile. He referenced the referral and testimony provided by the Town of Kersey, and stated this site is within the Town's Urban Growth Boundary area. He stated there has been a significant amount of annexation adjacent to this property;the ditch and railroad do not provide an adequate buffer,and the use is not compatible with the surrounding area. He further stated there are no other kennels in the Town, nor are there any provisions fora kennel under Kersey's regulations. Commissioner Masden concurred with the prior comments regarding compatibility issues and conflicts with the ditch easement,and he added the combined use of a kennel and junkyard is too dense on a one-acre lot. Commissioner Jerke concurred and stated the neighbors, ditch company, and Town of Kersey are all opposed. He stated Beagles are noisy dogs, and the addition of rabbits and cars is too much on one property. Chair Long concurred based on the scope of uses being proposed and the proximity to surrounding property owners. There being no further discussion, the motion carried unanimously, and the hearing was completed at 12:30 p.m. 2003-3132 PL1689 HEARING CERTIFICATION - LESLIE WINDYKA (USR #1433) PAGE 6 This Certification was approved on the 17th day of November 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: / \;� 1E L `� EXCUSED DATE OF APPROVAL D id E. Long Cha' Weld Co e to 8$.{' 0 4S2 7 r. 1r! Robert . Masden, Pro-Tem BY: Deputy Clerk to the B:c . . Geile TAPE #2003-43 i 4CJv/ I William H. Jerke DOCKET#2003-79 AJ� Glenn Vaacr 2003-3132 PL1689 EXHIBIT INVENTORY CONTROL SHEET Case USR#1433 - LESLIE WINDYKA Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 09/02/2003 and 10/07/2003) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and Photo of sign posting F. Town of Kersey Letter of Opposition (11/05/2003) G. Lower Latham Ditch Company Referral Response (11/06/2003) H. Surrounding neighbors Petition of Opposition (11/12/2003) Steve Hanson Letter from Hall-Irwin J. Steve Hanson Three Photographs K. Steve Hanson Oversized Aerial Photograph L. Steve Hanson Berryman Farm Plan M. Planning Staff Memorandum re: Proposed Changes to Conditions of Approval and Development Standards (11/12/2003) N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF NOVEMBER, 2003: DOCKET#2003-79 - LESLIE WINDYKA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip A,1t b1 Anne, hnal Ca. ac I Wc2 Shy - (P o 18oK kBq) k2rsec1 le 0 eobtI4 I r. 124_ (4100)-0 7c)a 7 4!4 6i 610 7cac; Cr re tf(vi, 60 OC9cdt -7-04 , ctsQ 3 na(a 11 kJ v�a-y, 774" _, 1,,G 71 'Z- ' , I frf Az—-u,�� ' ,,, ,�,�L Q 3 pc/ e'- G'.) ago !ct r i d n ) 'La> . q,;(0-C 7 �,� 1( _ 33��''n C� -26) 7vcd 5d- « f(8r.��/�,\ rot 1 i>z1 2-rc c.�tft. s-v G,4-a4.Cclz co )V0 NA, a16S5 A)c, Ski `/y kQ,i ,,,, to Bt)6Ii'-{ • �n r 759 © fr/c_fl 5S) X. ' e c9n ‘yy Hello