HomeMy WebLinkAbout20181668.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR 18-0009
LESLIE ANN WINDYKA
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT FOR A KENNEL FACILITY (FOR UP TO 17 DOGS AND 2 CATS) IN THE
A(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2174, BEING PART N2SE4 SECTION 20. T5N. R64W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
N ORTH OF AND ADJACENT TO CR 54.25 AND APPROXIMATELY 2,100 FEET
WEST OF CR 53.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
B. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
C Section 23-2-220.A.4 -- The uses which will be permitted will be 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.
D Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants 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.
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the
following:
1. Prior to recording the plat:
A. A Screening Plan shall be submitted to the Department of Planning Services to address the dog
run area. The dog run area shall be screened by an opaque fence (metal, wood or vinyl) from
properties to the east, west and north. (Department of Planning Services)
B Evidence shall be provided to the Department of Planning Services that the kennel facility has
no more than seventeen (17) dogs (6) months or older and two (2) cats. The applicant shall
schedule an inspection with the Department of Planning Services, Weld County Code
Compliance and the Weld County Sheriff's Office (Animal Control) in order to verify that the site
is in compliance with this condition. (Department of Planning Services)
C An electrical permit is required for the kennel building. Evidence that appropriate building
permits have been applied for the kennel building shall be provided to the Department of
Planning Services. (Department of Planning Services)
RESOLUTION USR18-0009
LESLIE ANN WINDYKA
PAGE 2
D The plat shall be amended to delineate the following
1 All sheets of the map shall be labeled USR18-0009 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-3-350 H
of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5 The map shall delineate the approved landscaping and/or screening (Department of
Planning Services)
6 The map shall delineate the lighting (Department of Planning Services)
7 County Road 54 5 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout The applicant shall delineate on the site plan the future and existing right-of-
way All setbacks shall be measured from the edge of future right-of-way This road is
maintained by Weld County (Department of Public Works)
8 Show and label the approved access locations, approved access width and the
appropriate turning radii (25') on the site plan The applicant must obtain an access
permit in the approved location(s) prior to construction (Department of Public Works)
9 Show and label the entrance gate if applicable An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed In no event, shall the distance
from the gate to the edge of the traveled surface be less than 35 feet (Department of
Public Works)
10 The applicant shall show the drainage flow arrows (Department of Public Works)
11 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Department of Public Works)
12 Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan (Department of Planning Services)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy ( pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services The plat shall be
prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution The applicant shall be responsible for
paying the recording fee (Department of Planning Services)
3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50 00 recording continuance charge shall added for each
additional three (3) month period (Department of Planning Services)
RESOLUTION USR18-0009
LESLIE ANN WINDYKA
PAGE 3
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North Fl PS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5 Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Deaartment of Public Works)
The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richarc Beck
Against Passage Absent
Jordan Jemiola
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 June 5, 2018.
Dated the 5th of June. 2018
66.00S -IL- f G.w(Em.
Kristine Ranslem
Secretary
RESOLUTION USR18-0009
LESLIE ANN WINDYKA
PAGE 4
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Leslie Anne Windyka
USR18-0009
A Site -Spec fic Development Plan and Use by Special Review Permit, USR18-0009, for a kennel facility
(for up to 17 dogs and 2 cats) in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The USR permit shall cease upon sale and/or lease to an outside party. (Department of Planning
Services)
4. Seventeen (17) is the maximum number of dogs and two (2) cats. Dogs and cats over the age of six (6)
months are counted towards the maximum numbers described above in accordance with Section 23-1-90
of the Weld County Code. (Department of Planning Services)
5. The applicant/operator shall provide written evidence of compliance on an annual basis (March 15 of each
year) that the facility complies with the maximum number of seventeen (17) dogs and two (2) cats on site.
(Department of Planning Services)
6. Dogs shall be kept indoors during evening hours (7:00 PM — 7:00 AM). (Department of Planning Services)
7. Dogs in the kennel facility shall be allowed to exercise outside (in the dog run area) at least one (1) time a
day. No more than four (4) dogs at any one time shall be let out for exercise. (Department of Planning
Services)
8. The screening on the site shall be maintained. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundvvater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions. blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
1-3.
an Air Pollution Emission Notice (A.P.E.N.)-and Emissions Pe
and obtain -e- permit from -the Air Pollution -Control Division, --Colorado Department of Public Health -and
Environment, as applicable. (Department of Public Health and Environment)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, volunteers and the
public, at all times. For employees, public or volunteers on site for less than 2 consecutive hours a day,
RESOLUTION USR18-0009
LESLIE ANN WINDYKA
PAGE 5
and 2 or less full-time employees on site, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available
for review by the Weld County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public
Health and Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
17. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Works and
Environment)
18. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry
regulations. (Department of Public Works and Environment)
19. Any vehicle or equipment washing shall
Surface Cosmetic To Land July 2010" as provided by the State. (Department
.t
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
21. The property owner shall control noxious weeds on the site. (Department of Public Works)
22. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
26. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
27. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
28. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2017
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
RESOLUTION USR18-0009
LESLIE ANN WINDYKA
PAGE 6
30 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations (Department of Planning Services)
31 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial 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 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 (Department of Planning Services)
32 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
33 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance (Department of Public Health and Environment)
34 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 (Department of Public Health and
Environment)
35 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource sites
are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
36 WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be
RESOLUTION USR18-0009
LESLIE ANN WINDYKA
PAGE 7
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in
rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 5, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Absent: Jordan Jemiola.
Also Present: Chris Gathman and Michael Hall, Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Frank Haug, Attorney,
and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR 18-0009
LESLIE ANN WINDYKA
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT FOR A KENNEL FACILITY (FOR UP TO 17 DOGS AND 2 CATS) IN THE
A(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2174. BEING PART N2SE4 SECTION 20, T5N, R64W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
N ORTH OF AND ADJACENT TO CR 54.25 AND APPROXIMATELY 2,100 FEET
WEST OF CR 53.
Chris Gathman, Planning Services, presented Case USR18-0009, reading the recommendation and
comments into the record. This USR was applied for to address a zoning violation. Mr. Gathman indicated
that this the second USR applied for on the property for a Kennel. The previous USR application (applied
for under USR-1433 to address a zoning violation) was denied in 2003. Because it has been more than five
(5) years since the previous case was denied a new USR can be applied for. Mr. Gathman indicated that
Planning Services, Zoning Compliance and Animal Control visited the site. Mr. Gathman noted that the
applicant indicated during the site visit that she was over on the number of dogs since her application was
submitted in Fall of 2017 as some of the dogs had grown older than 6 months. He added that there is a
Condition of Approval that prior to recording the plat, a site inspection be conducted to verify that the
applicant is in compliance with the animal units (17 dogs and 2 cats). Additionally, there is a Development
Standard that requires compliance on an annual basis by providing written evidence. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Wailes referred to the previous application that was denied by the Board of County
Commissioners and asked if this applicant has been in violation since 2003. Mr. Gathman deferred that
question to the applicant. Mr. Wailes asked how that violation was resolved. Mr. Gathman said that when
a case is denied, Zoning Compliance would then perform an inspection and verify that the number of dogs
are reduced to the number allowed as a Use by Right. He added that this violation was opened in 2017.
Mr. Wailes asked if she is allowed four (4) dogs as a Use by Right. Mr. Gathman said that she is allowed
a total number of seven (7) dogs and cats combined.
Commissioner Wailes asked if the dogs have been inside since 2003. Mr. Gathman said that the applicant
has made that statement.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and the drainage conditions
for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Mr. Frissell suggested removing Development Standard 13
and 19 since the applicant has removed the auto repair business from the request.
1
Leslie Windyka, 25621 CR 54, stated that she is a disabled retired teacher She stated that with the help
of the State of Colorado's Rehabilitation help, she undertook three separate projects including raising Mini -
Rex Rabbits and raising Beagles
Ms Windyka stated that after 2003 she boarded the dogs over the required limit at a local Veterinarian
She added that PACFA changed their regulations and told the Veterinarian that he could no longer board
her Beagles She said that she took the dogs back in 2004 and then in 2006 they were taken to Iowa
I
Commissioner Wailes asked how many dogs are currently on the property Ms Windyka stated that she
has 22 dogs, but after dog placement she will be below the required 17 dogs She added that she has 6
rabbits, 2 cats and no horses, however, she is planning to raise horses in the future
Commissioner Stile asked how the horse rescue will affect the USR Mr Gathman said that she can have
up to four (4) horses per acre He added that this request is not currently included in the USR Mr Stile
asked the applicant how she will exercise these horses Ms Windyka said that she was told that if she
uses hay during the winter months she will be fine
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Rod Williams, 25641 CR 54 25, stated that he lives east of and adjacent to the applicant and added that
the white fence in the pictures is his fence He emphasized concerns noise, property values, and odor He
understands that the commercial junkyard was withdrawn, however, he is still concerned with the gas and
oil from the vehicles and the tire storage He provided pictures of the site from his residence He asked
how she is disposing of the waste
Josh Pleaslee, 25704 CR 54 25, stated that he lives southeast of applicant He is concerned with noise
and property values He asked how the ditch will be maintained with the waste from the dogs Additionally,
he is concerned with the proper care of the animals and that the applicant is in constant violation
Judieth Hillman, 25644 CR 54 25, stated that she is concerned with property values She also owns dogs
and horses and what it takes to maintain care of them and is concerned with the proper care of all the
animals the applicant has Although the vehicles are not part of this, she is still concerned with pests, mice,
rats, etc that can liven' those vehicles She inquired if the applicant has liability insurance to have a kennel
Sharon Shaffer, 25580 CR 54 25, stated that she has a copy of the Resolution from 2003 stating what the
denial was about She provided a brief history of the violation and the timeline since 2003 She provided a
picture of the vehicles on site
Ms Shaffer said that upon this recent inspection there were 24 dogs inside the house and nine (9) dogs in
the kennel She added that the applicant's screening consists of sheets blowing in the wind There are
totes beside the dumpsters and they can only assume it contains animal feces She asked if the applicant
has liability insurance for these dogs if they were to get out and hurt someone
Lisa Williams, 25641 CR 54 25, stated that since they have been living there she has heard the dogs but
has never seen one dog outside She said that there are more than five (5) cats that come under her fence
from the applicant's property She has seen bags of waste recently and didn't see it before
Diana Clark, 601 1St Street, Kersey, Colorado, stated that she has owls and hawks that nest on her property
and asked how the dogs will affect these nests She asked the applicant to be courteous to the neighbors
who listen to the barking and take that into consideration
Jean Stoll, 25615 CR 54 25, stated that she is concerned with the property values and added that they built
a large garage to block the view from the applicant's property She is concerned with the dogs barking and
the appearance of the property with the fence and the vehicles
Kathy Berryman, 405 1St, Street, stated that she is one of owners of Berryman Farm She stated that she
was in opposition in 2003 because of the noise She submitted a picture of the site from her property Ms
Berryman said that with the proposed buildings and additions it sounds like it will be a compound She
commended Ms Windyka for trying to rehabilitate animals, however, it does need to be in compliance
2
The Chair referred to the suggested changes to the development standards
Motion Remove Development Standards 13 and 19, Moved by Tom Cope, Seconded by Michael Wailes
Motion carried unanimously
Ms Windyka said that they have until July 24th to build fences and they intend to have them installed by
then for the vehicles
Ms Windyka stated that there is a pile of bunny doots that she spreads on her property for fertilizer and
added that she would entertain the idea of moving that pile to another location on the property, however, it
will be distributed this summer
Ms Windyka addressed the audience and said that if they are using any ultrasound in the area that will
irritate the dogs She added that according to PACFA standards, each of the dogs have a certain amount
of enclosure and she is making sure that they get the care they need
Ms Windyka indicated that she wants to install a dog exercise area in the side yard area of the property
versus along the ditch (as indicated on the site map submitted with the application)
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Commissioner Cope said that the animals are based on one (1) acre of land, however, he asked if it is
based on one (1) acre of usable land because the vehicles take up quite a bit of space He added that the
applicant needs to understand that she will get herself into trouble again if she wants to start bringing in
other animals as this property is not an acre of pastureland but rather an acre taken up mostly by buildings,
structures and abandoned vehicles Mr Gathman said that the code does not clarify that but states that a
number of animal units allowed based on the size of the property Frank Haug, County Attorney, stated
that is part of the consideration for the Planning Commission to make regarding compatibility
Motion Forward Case USR18-0009 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Gene Stile, Seconded by Michael Wailes
Commissioner Stile cited Sections 23-2-20 A 1, 23-2-20 A 3, 23-2-20 A4 and 23-2-20 A7 due to
incompatibility Mr Wailes cited Section 23-2-20 A 3 and 23-2-20 A 4
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Bruce Johnson, Bruce Sparrow, Gene Stile, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope
Commissioner Johnson supported the compassion of the applicant but it is a nuisance to the area and is
not compatible where it is located
Meeting adjourned at 4 36 pm
Respectfully submitted,
,6iahnt,A#1a(Zm.
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 15, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Absent: Bruce Sparrow.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Ryder Reddick, Department of Planning
Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Public
Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION
U S R 18-0009
LESLIE ANN WINDYKA
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL FACILITY (FOR UP TO 17 DOGS AND 2 CATS) IN THE
A(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2174, BEING PART N2SE4 SECTION 20, T5N, R64W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 54.25 AND APPROXIMATELY 2,100 FEET
WEST OF CR 53.
Kim Ogle, Planning Services requested that USR18-0009 be continued to the June 5th Planning
Commission Hearing as the applicant did not meet the required 30 -day mineral notification.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue USR18-0009 to the June 5, 2018 Planning Commission Hearing, Moved by Jordan
Jemiola, Seconded by Tom Cope.
Meeting adjourned at 1:57 pm.
Respectfully submitted,
�.$2iiwLzait
Kristine Ranslem
Secretary
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