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C. Gathman
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: June 5, 2018
USR18-0009
Leslie Anne Windyka
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 of Recorded Exemption 2174; Part of the N2SE4 of Section 20, T5N, R64W of
the 6th PM, Weld County, Colorado
North of and adjacent to County Road 54.25 and approximately 3,100 feet east of
County Road 53.
+1- 1 acre Parcel No. 096320400034
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Health and Environment, referral dated March 8, 2018
Weld County Department of Public Works, referral dated March 15, 2018
Weld County Sheriff's Office, referral dated February 15, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V
West Greeley Conservation District, referral dated March 12, 2018
Colorado Department of Transportation, referral dated February 14, 2018
Colorado Parks and Wildlife, referral dated February 12, 2018
RE -7 School District, referral dated February 18, 2018
PDC Energy, referral dated May 8, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y Galeton Fire Protection District
Y North Weld County Water District
Y West Greeley Conservation District
Y Weld County Department of Building Inspection
USR18-0009 - Windyka
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: June 5, 2018
Case Number: USR18-0009
Applicant: Leslie Anne Windyka
Request: 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.
Legal Lot A of Recorded Exemption 2174: Part of the N2SE4 of Section 20, T5N, R64W of the
Description: 6t" PM, Weld County, Colorado
Location: North of and adjacent to County Road 54.25 and approximately 3,100 feet east of
County Road 53.
Size of Parcel: +/- 1 acre Parcel No. 096320400034
Case Summary:
The applicant is proposing a kennel facility for up to seventeen (17) dogs and two (2) cats. Originally the
applicant was also proposing limited automobile repair onsite and storage of vehicles not owned by the
applicant. The applicant has agreed in writing to remove this component. The applicant has indicated that
no outside customers will be coming to the kennel. The applicant will take care of delivery of any dogs
purchased to customers offsite. The application indicates that dogs will be housed indoors and will be
exercised in a group of four (4) or less at a time under the supervision of the applicant.
This application was submitted in response to a zoning violation (ZCV17-00129) due to the presence of
more than four (4) dogs on -site and commercial auto repair and storage without the necessary zoning
and building permits. This case has been submitted to the County Attorney's office. The applicant is
working with the code compliance office to remove any vehicles onsite not owned by the applicant. The
applicant also is working with the code compliance office to screen the existing vehicles owned by the
applicant. Unregistered, inoperable (derelict) vehicles are allowed as a use by right as long as they are
screened from adjacent properties and rights of way or stored inside of a building.
The applicant had previously applied for a Use by Special Review permit for up to twenty-five (25) dogs
and two (2) cats, commercial junkyard and vehicle service/repair in 2003 in response to a zoning
violation. This USR (USR-1433) was denied by the Board of County Commissioners on 11/12/2003 due
to incompatibility with the surrounding area, noise from barking dogs...
Staff from the Planning Department, Zoning Compliance and Animal Control met Ms. Windyka on her
property 5/25/2018. Ms. Windyka indicated that she had some dogs in her residence but would not allow
staff inside to see them. Staff toured the building with dog runs with Ms. Windyka as well as the outside
area (where the dog runs are proposed and cars are currently being stored). Ms. Windyka indicated that
dogs have been kept inside the dog kennel building and have not been let outside since 2003. Ms.
Windyka has indicated in a voice message on 5/29/2018 that all of the dogs are in the process of being
moved to the kennel building.
USR18-0009 - Windyka
Page 2
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff that the applicant has 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.
Section 22-2-20.G.2 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is an area
that can support such development. Such development shall attempt to be compatible
with the region."
The dogs are housed in an existing outbuilding. The application indicates that four (4)
dogs at a time will be let out for exercise during daylight hours. The attached conditions
of approval and development standards require that the dog run area be screened from
adjacent properties and that the facility adhere to the residential noise standard (50 db
during the daytime and 55 db during nighttime).
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.H of the Weld County Code allows for kennels as a Use by Special
Review in the A (Agricultural) Zone District.
Section 23-3-10 - Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed kennel is located within a residential area. Single-family residential lots are
located to the south, east and west of the site. There is an existing platted subdivision
located to the north of the property (across the ditch). The subdivision is not fully built out.
The nearest residences in this subdivision are approximately 1,200 feet to the northeast
of the site. Staff has received 5 phone calls and one letter of concern/opposition in regard
to this case.
The letter of opposition outlines concerns with noise and barking dogs. Also, concerns
were outlined regarding the condition of the property (cars stored onsite and weeds). One
phone call expressed total opposition to the application. Other phone calls expressed
concerns with noise and barking dogs. However, several of the phone calls expressed
USR18-0009 - Windyka
Page 3
concern with the storage of cars onsite and repair work of cars occurring on the property.
The applicant has provided a letter indicating that the automobile repair component has
been withdrawn from this application. Automobiles can be stored on a property if they are
owned by the property owner and any inoperable, partially dismantled or unlicensed
vehicles are completely screened from adjacent properties and right-of-way.
Most of the dogs are housed in an existing outbuilding (with some located in the
residence based on conversations with the applicant). The application indicates that four
(4) dogs at a time will be let out for exercise during daylight hours. The attached
conditions of approval and development standards require that the dog run area be
screened from adjacent properties and that the facility adhere to the residential noise
standard (50 db during the daytime and 55 db during nighttime). Additionally, a
development standard is attached requiring the dogs to be kept indoors during nighttime
hours.
D. 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.
The site is located within the three (3) mile referral area of the Town of Kersey and within
the Town of Kersey Cooperative Planning Agreement boundary. The applicant met with
the Town of Kersey prior to submitting the USR application. No referral response has
been received from the Town of Kersey regarding this case.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 1 acre delineated as "Irrigated non -
prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
This is a residential lot and no farmground will be taken out of production.
G. 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.
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 can ensure that there are adequate provisions for the protection of 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.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
USR18-0009 - Windyka
Page 4
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)
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)
11. 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)
12. The applicant shall show the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
USR18-0009 - Windyka
Page 5
14. 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)
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 FIPS 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.
(Department of Public Works)
6. 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)
USR18-0009 - Windyka
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Leslie Anne Windyka
USR18-0009
1. A Site -Specific 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 groundwater 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)
13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a 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)
USR18-0009 - Windyka
Page 7
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, 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 adhere to "Low Risk Discharge Guidance: Discharges From
Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State.
(Department of Public Works and Environment)
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)
USR18-0009 - Windyka
Page 8
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
USR18-0009 - Windyka
Page 9
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 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.
USR18-0009 - Windyka
Page 10
April 09, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
LESLIE ANN WINDYKA
PO BOX 839
KERSEY, CO 80644
Subject: USR18-0009 - A Site Specific Development Plan and Use by Special Review Permit for a
kennel facility (for up to 17 dogs and 2 cats) and any use permitted as a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (automobile repair
facility), provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
PART N2SE4 SECTION 20, T5N, R64W LOT A REC EXEMPT RE -2174 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 15, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 30, 2018 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
February 12, 2018
LESLIE ANN WINDYKA
PO BOX 839
KERSEY, CO 806440839
Subject: USR18-0009 - A Site Specific Development Plan and Use by Special Review Permit for a
kennel facility (for up to 17 dogs and 2 cats) and an automobile repair facility in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
PART N2SE4 SECTION 20, T5N, R64W LOT A REC EXEMPT RE -2174 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Kersey at Phone Number 970-353-1681
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
FIELD CHECK
Inspection Date: 5/25/2018
CASE NUMBER: USR18-0019
APPLICANT: Leslie Anne Windyka
LEGAL DESCRIPTION: Lot A of Recorded Exemption 2174; Part of the N2SE4 of
Section 20, T5N, R64W of the 6th PM, Weld County, Colorado
LOCATION: North of and adjacent to County Road 54.25 and approximately 3,100 feet
east of County Road 53.
Zoning
Land Use
N
Town of Kersey
N
Platted Subdivision (only a portion has
been developed)
E
A (Agricultural)
E
Single Family Residences
S
A (Agricultural)
S
Single Family Residences
W
A (Agricultural)
W
Single Family Residence
COMMENTS:
Existing residence and outbuildings located on lot. Several automobiles stored on the
property. Existing outbuilding being used as a kennel.
Chris Gathman, Planner
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