HomeMy WebLinkAbout20181680.tiffHEARING CERTIFICATION
DOCKET NO. 2018-51.B
RE: 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 - LESLIE ANNE WINDYKA
A public hearing was conducted on June 20, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
El I hereby certify that pursuant to a notice dated April 24, 2018, and duly published April 27,
2018, in the Greeley Tribune, a public hearing was conducted on May 30, 2018, to consider the
request of Leslie Anne Windyka, for 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, at which time the matter was continued to June 20, 2018, to allow the applicant time
to present to the Planning Commission. On June 20, 2018, Bob Choate, Assistant County
Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the original request was for 17 dogs and two (2) cats and yesterday staff
received a request from the applicant to lower the number of dogs to nine (9). He clarified that the
original request included automobile repair and the applicant has agreed to remove this
component. He stated there would be no customers coming to the kennel and the dogs would be
housed indoors and exercised in groups of four or more. Mr. Gathman reported this application
to be the result of a zoning violation, ZCV17-0129, due to having more than four (4) dogs on -site
and on -site auto repair and parking. He stated the applicant is working with Zoning Compliance
to remove vehicles and screen the remaining registered vehicles. He explained this applicant had
previously applied for a USR in 2003, for up to 25 dogs, three (3) cats and to include auto repair
and a non-commercial junkyard and it was denied due to incompatibility with the area and the
Town of Kersey. Mr. Gathman noted the Town of Kersey has recommended denial again. He
reviewed the details of the site visit, several responses from neighbors expressing concerns
regarding the derelict vehicles and a proposed kennel in a residential area on a one (1) acre lot.
He explained the site is not a part of the adjacent subdivision; however, the nearest residence is
1,200 feet to the northeast. He stated staff has received five (5) phone calls and one letter of
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opposition prior to Planning Commission and has since received additional letters and phone calls
in opposition of barking dogs, unmanaged weeds, noise, auto storage and repair, mange,
decreased property values, and the welfare of the animals. Mr. Gathman reviewed the referral
response from the Town of Kersey requesting denial based on the proximity to new residential
lots, health and sanitary issues regarding animals being housed on -site and too many autos being
stored. He reported a unanimous recommendation for denial at Planning Commission for reasons
to include not being consistent with Chapter 22, not being a compatible use with the existing land
use, not compatible with future development, and not adequate for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County. In response to Chair
Moreno, Mr. Gathman explained dogs younger than six (6) months of age are not counted. He
also stated there is a provision for the USR that it shall cease upon sale or vacation of the property.
He displayed images of the site and surrounding views.
la Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans, and the drainage and grading requirements. He stated there is an existing
access on County Road (CR) 54.25 and he provided the average vehicle count per day to include
truck percentages for CR 54.25 and, per the application, there will be approximately one to two
monthly round trips associated with the business. He stated staff is not requesting tracking control
or an Improvements Agreement. Regarding drainage, Mr. Pinkham stated the applicant meets an
exception due to not increasing the imperviousness of the site. He stated a grading permit would
be required if disturbing more than one acre.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating there are no employees or volunteers proposed for this facility and water
service is provided by the Central Weld County Water District (CWCWD) and sewer service is
provided by a residential septic system. He clarified that drinking water and pen washing water
are provided by the same CWCWD tap and that is acceptable. Mr. Frissell stated if employees or
volunteers are added, the septic system will need to be reviewed by an Engineer; however, for
two (2) or less full-time employees on -site and for employees or volunteers on -site for two (2) or
less hours per day, portable toilets and bottled water may be used. He explained that a current
Pet Animal Care Facility (PACFA) license is required and Development Standards (DS) #9-18 are
relevant Environmental Health items. In response to Commissioner Cozad, Mr. Frissell stated the
requirement for the PACFA License is in DS #17 and his understanding is the applicant has been
applying and working with the State but he will defer to the applicant to submit proof of the license.
In response to Commissioner Kirkmeyer, Mr. Gathman stated all the vehicles on -site will be
under the ownership of the applicant or under the ownership of someone else living on -site. He
stated as long as they are under Ms. Windyka's ownership and are properly screened or stored
inside a building, that is allowed as a Use by Right and she continues to work with Zoning
Compliance to verify the requirements. In response to Commissioner Cozad, Mr. Gathman stated
it is a one (1) acre parcel and verified the limit is four (4) animal units per acre to include a
combination of all animals.
Ei Leslie Anne Windyka, applicant, provided the history of her property, since purchasing it in
1999, to include improvements. She explained she was licensed with PACFA from 2000 - 2006
and was registered and inspected as a rescue adopting out and breeding beagles. She reviewed
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more improvements to include fencing, building a shop and a dog run, moving all animal use to
the side of the property, and as a result from neighbor complaints, began housing the dogs inside
the shop. Ms. Windyka explained the negative effects of ultrasound pest control devices and
conveyed the possibility that several of her neighbors may have these devices pointed at her
property to cause her beagles to bark. She stated she spoke to the Town Planner for the Town of
Kersey regarding the construction of an arterial road that would run through her property and five
(5) nearby residences and also a controversy regarding the Town of Kersey wanting to take their
water taps. Commissioner Kirkmeyer advised Mr. Windyka to focus on her land use application
and provide information to support her use. Ms. Windyka pointed out several unpermitted
businesses being run in her area and she stated it supports her business being there if those
businesses are allowed. She reviewed, again, the history of her breeding policies and included
evidence of bloodlines and the importance of her placement policies. She requested the Board
consider allowing her a nine (9) dog limit and explained the ulterior motives behind the
recommendation for denial from the Town of Kersey. She reiterated the number one complaint
from her neighbors is the barking and she restated her belief that the ultrasound pest control
devices that are pointed in her direction are the cause and that she is working with an Engineer
from Excel Energy to specifically locate these ultrasound waves.
• In response to Commissioner Conway, Ms. Windyka explained the reduction request to
include only her older dogs, as she can place the puppies by the deadline of July 24, 2018.
• Joshua Peasley, surrounding property owner (SPO), stated he is concerned for the health
and safety of the dogs, proper disposal of waste, decreased property value, and the noise. In
response to Commissioner Kirkmeyer, Mr. Peasley stated he is concerned that this neighbor has
not been in compliance for ten (10) years and he has no faith she will be in compliance if this is
granted.
• Rod Williams, SPO to the east, stated his concerns to include a decrease in property value,
noise from barking dogs, proper disposal of dog waste, derelict vehicles, leaking vehicle fluids,
tires piled up, general hazards, potential dog bites if a dog should get out, and does the applicant
have a business license. Mr. Williams stated he moved out there 2.5 years ago to get away from
train noise and to open his windows at night and he cannot sleep with the windows open because
of the barking dogs. He explained he has two (2) dogs and they do not bark all the time so he isn't
sure what all the ultrasonic information is about. He stated he agrees with the neighbor who
previously spoke regarding a lack of faith in the applicant being in compliance. In response to
Chair Moreno, Mr. Williams stated he has spoken to the applicant twice and nothing was ever
said about a kennel. He stated the dogs bark all through the night and he has never seen the
dogs except one time when he saw one dog on a leash, otherwise, he just hears them.
• Sharon Shaffer, SPO, stated she is in support of a denial and that she represents herself
and her husband and they are not part of the Sandy Knolls Subdivision. She explained that the
applicant is running a business that has been out of compliance, since 2003, when she filed a
similar application (USR14-0033) and was denied for a Kennel, a junkyard, and vehicle service
repair. She stated she is concerned with the 21 vehicles that are stored on this one -acre parcel
along with the reported 33 beagles. Ms. Shaffer stated the applicant has never been in compliance
with the limit on allowable animals for the size of her parcel and she believes there is no desire to
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comply as she has continued to breed and sell these dogs and continues to escape the
consequences of each violation. She requested a denial based on the health, safety and welfare
of the neighbors. She further requested a timeline to address this illegal activity and the vehicles
be removed. Ms. Shaffer stated she has been accused over the years of having ultrasonic devices
and they have a dog that does not bark unless a stranger comes to the property. She stated
beagles are hound dogs and do not have to have a reason to bark and she expressed concern
regarding all the dogs being locked in the outbuilding. In response to Commissioner Conway, Ms.
Shaffer stated Ms. Pascoe witnessed 24-33 beagles on -site in her report dated May, 2018. In
response to Chair Moreno, Ms. Shaffer stated she had contact with Ms. Windyka, in 2003, when
she came to her home to pay for a check that had not cleared for hauling gravel to her shop area
and she arrived with surgical gloves and saying her dogs had mange. Ms. Shaffer expressed her
frustration over this action as she had grandchildren in her home at the time. She explained they
have tried to be neighborly but are learning it may be necessary to call and complain.
el Jewel Vaughn, stated she is in support of what her neighbors have said in opposition. She
pointed out her home on the map and requested the applicant remain in compliance. In response
to Chair Moreno, Ms. Vaughn stated the only contact she has had was through a mailer they
received regarding helping to take care of spaying and neutering cats.
Ei Kathy Berryman, SPO of Berryman Farm which is adjacent to the north side of the applicant's
property, stated they were also at the hearing, in 2003, requesting denial at that time. She
presented a recent photo of the derelict vehicles and explained there is a Planned Unit
Development with 20 homes being developed on her property. Ms. Berryman stated it is sad to
have all the neighbors saying this is not a compatible use and she requested denial, as well, due
to the 21 vehicles, noise, and safety and health concerns. She recapped the only time she had
spoken to the applicant was at her garage sale where she inquired, as a Scout Master, if any
scouts could help with feeding her animals but after reviewing the situation, later decided it would
not be a good idea.
• Johnnie Hillman, SPO, echoed the previous comments and stated he has had no
conversation with the applicant. He stated he has two (2) dogs and they don't bark unless
someone comes in the yard and they have two (2) horses that do not bother anybody.
• Rob Williams, SPO, stated he has not had conversation with the applicant because she is
not a very neighborly person and always has a locked gate.
• Ms. Windyka explained the mange situation and apologized to Mrs. Shaffer. She disagreed
with the comment that she has been continually out of compliance and explained the PACFA
License and that it is legal to have up to two (2) litters of puppies each year and adopt them out
and PACFA also allows adopting out 15-17 dogs for another breeder, and as long as the puppies
are adopted out before they are six (6) months old, it has nothing to do with Weld County. She
expressed frustration with people requesting to purchase her puppies to cross breed with
chihuahuas. Ms. Windyka insisted the barking is being caused by the sound machines and CB
radios and that it is not healthy and she explained she is working with an Xcel Engineer to help
her solve where these electrical interferences are coming from. She reminded everyone that she
has until July 24, 2018, to install fencing and place animals that fall outside the numerical limit.
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She stated some of the items mentioned today are hearsay or speculation and she reiterated her
Use by Right to have up to two (2) litters each year and adopt up to 15-17 puppies without a
permit. Ms. Windyka stated there are currently no residences located directly behind her. She
emphasized her desire to be transparent and stated she would be happy to report to Ms. Pascoe
or Mr. Gathman to let them know if/when the number of dogs and/or puppies change.
• In response to Commissioner Cozad, Ms. Windyka stated quite a few of the vehicles are
owned by her son and currently do not have engines and she stated these vehicles need to be
fenced off.
• Michael Windyka, son of the applicant, stated currently fences are being built and there will
be ten (10) unlicensed vehicles around the concrete pad with only two (2) of those that are not
operational. He further explained there will be six (6) operational vehicles that are not licensed
parked behind the shop and the remainder of the vehicles that are not fenced, are insured,
licensed and operational. He verified there will be 15-16 unregistered vehicles stored behind six
(6) foot fences by the July 24th deadline.
• In response to Commissioner Cozad, Ms. Windyka confirmed there were 24 dogs present
with one of those being under six (6) months. She stated the outbuilding was constructed in 2000,
and at the time a building permit was not required, as it was an agricultural exempt building being
used for animals and she explained the only thing she needs is for the County to perform an
electrical inspection. Commissioner Cozad requested staff research whether a building permit is
needed. In response to Commissioner Cozad, Mr. Gathman explained the limit is four (4) dogs
and up to seven (7) dogs and cats, and the number of dogs does not include puppies six months
of age or younger. Ms. Windyka interjected she has two (2) neutered male cats living in the
outbuilding that are 14 years old.
ei In response to Commissioner Kirkmeyer, Ms. Windyka stated the kennel was built to house
five (5) dogs.
• Mr. Windyka stated, in 2003, when the prior USR was not approved, it is difficult to hear the
testimony of non-compliance because Ms. Windyka did not have more than four (4) dogs on the
property and all the vehicles were shielded. He clarified that he had all the other dogs at his home
in the City of Greeley and only for the last year has there been a violation. He addressed the
comments regarding the temperatures inside the outbuilding and verified the building has both
heat and air conditioning and the dogs are kept at a comfortable temperature. Mr. Windyka stated
the dogs are friendly and he has his own kids around the property and there are no concerns
regarding dog bites. He stated as someone who has lived there, he is concerned regarding all the
statements regarding barking and noise and stated to his knowledge there have not been any
phone calls or complaints on record. Ms. Windyka stated she places the rabbit waste into the
compost, dries it out and spreads it over the property because there is no sprinkler and she does
not use poisons on the property. She requested the Board consider allowing her to keep the nine
(9) dogs so the five (5) older dogs can stay with her as she has spent thousands of dollars on
them.
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• Commissioner Conway stated he appreciates the applicant's testimony but continues to
struggle with this because it has been a problem since 2003, which is evident by the public
testimony. He stated there is evidence of 24 dogs on -site during the inspection and he does not
have confidence the rules will be followed. He further referenced the unanimous recommendation
for denial at the Planning Commission hearing.
• Commissioner Freeman stated he also supports the recommendation from the Planning
Commission and he is questioning compatibility and compliance.
• Commissioner Cozad agreed with the comments made by her fellow Commissioners and
stated there is an ongoing issue of incompatibility and non-compliance since before 2003, and
this application is the result of a violation. She asserted she also reviewed the notes from the
Planning Commission and there is an obvious incompatibility issue because there are homes in
close proximity and it is the applicant's responsibility to prove how they meet the requirements of
the Code, which includes compatibility. She pointed out the recommendation for denial from the
Town of Kersey due to close development and a concern for the health, safety and welfare of the
neighbors. She stated the application materials do not prove compatibility and she is not in support
of the application but she did clarify that the applicant can have up to four (4) dogs and that does
not include puppies up to six months of age. Commissioner Cozad stated the USR process would
allow for additional requirements and rules that would cover the property but she does not have
confidence in the applicant to stay in compliance.
• Commissioner Kirkmeyer stated she is not able to support the application for the same
reasons that have already been stated. She agreed that there is an incompatibility issue with the
surrounding property owners and the future development. She stated she tried to explain to the
applicant that she needed to address the burden of proof regarding compatibility. Commissioner
Kirkmeyer also stated part of the decision -making process is to examine the applicant's ability to
comply with the standards and, based on the violation inspection, there is a concern regarding
non-compliance. She expressed appreciation for those who participated in the process today and
she stated it shouldn't be up to the neighbors to complain to initiate compliance.
• Chair Moreno concurred with all the statements made by his fellow Commissioners. He
stated he supports the decision made by the Planning Commission and emphasized the
application is a result of a violation. He thanked the members of the public for being present and
agreed that it is not their responsibility to enforce the Code. He expressed that neighbors should
respect each other and that property rights go both ways. Chair Moreno stated he cannot support
this application.
Commissioner Conway moved to deny the request of Leslie Anne Windyka, for 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, based on the recommendations
of Planning staff and the Planning Commission, and further stated the application is not consistent
with Chapter 22, Section 23-2-230.B.3, and Section 23-2-230.B.4, due to the lack of compatibility
with surrounding property owners and current and future development. The motion was seconded
by Commissioner Cozad, who stated it is required to be in agreement with all of the criteria and
not meeting even one of the criteria is basis for denial. She agreed that it is not consistent with
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Section 23-2-230.B.3 because, as stated, it is not compatible with surrounding land uses because
of noise, proximity and location, and waste. She stated it is not consistent with
Section 23-2-230.B.4 because it is not compatible with future development based on the letter
from the Town of Kersey, and it is not consistent with Section 23-2-230.B.7 due to the operation
causing concerns regarding the health, safety and welfare of the neighborhood. Commissioner
Kirkmeyer agreed with the findings and emphasized the proposed Use is not agreeable with the
surrounding residential area, nor is it compatible with future development within the Town of
Kersey, and she asserted it is the operator's responsibility to attain and sustain compliance and
there is no confidence from the Board that this would take place. With no further discussion, the
motion to deny was unanimous and the hearing ended at 12:12 p.m.
This Certification was approved on the 25th day of June, 2018.
ATTEST: ditAtev
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPED A
County Attorney
Date of signature: t97-/:1---/8
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
, 7)4
Steve Moreno, Chair
Mike Freeman
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