HomeMy WebLinkAbout20260522 Draft Resolution
Approve Use by Special Review Permit, USR25-0022, for a Kennel (boarding up to
60 dogs) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — Scott and Marianne Purcell
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 18th day of
March, 2026, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Scott and Marianne Purcell, 4158 County Road 59,
Keenesburg, Colorado 80643, for Use by Special Review Permit, USR25-0022, for a
Kennel (boarding up to 60 dogs) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption, RE-3458; being part of the SW1/4 of
Section 12, Township 1 North, Range 64 West of the 6th P.M., Weld
County, Colorado
Whereas, at said hearing, the applicant was present/represented by [Representative],
[Representative Address], and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 —The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-30.A1 states: "Land use changes should not inhibit
agricultural production, nor operations." The kennel complements
agricultural operations, rather than competing with them. It does not
convert prime farmland to residential or industrial use, and its design
ensures continued agricultural viability on surrounding properties.
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2) Section 22-2-30.A.2 states: "Limit the density and intensity of
development to maintain agricultural areas." The proposed kennel is
consistent with the rural character of the area. Structures are limited
to what is necessary for kennel operations, preserving open space
and agricultural land.
3) Section 22-2-30.0 states: "Harmonize development with surrounding
land uses." The kennel is designed to blend with its rural
surroundings through appropriate setbacks, screening, and building
design. Noise and traffic impacts are minimized to avoid conflicts with
neighboring agricultural uses.
4) Section 22-2-30.C.3 states: "Encourage development that preserves
land for agriculture, rangeland, wetlands, and critical habitats." The
kennel occupies a small footprint, leaving the majority of the property
available for agricultural use or open space. The design ensures no
wetlands or critical habitats are disturbed, even those that are on the
site.
5) Section 22-2-40.A states: "Support compatible economic
development opportunities." The kennel provides a rural economic
opportunity that aligns with agricultural activities, supporting local
businesses and services without introducing incompatible urban
development.
6) Section 22-2-50.B.3 states: "Prevent surface and groundwater
contamination." The kennel includes waste management and
drainage controls to prevent contamination. The operations, as
conditioned, will comply with health and environmental standards.
B. Section 23-2-230.B.2 —The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
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2) Section 23-3-40.0 — Specifically allows kennels in the
A (Agricultural) Zone District through the Use by Special Review
process, recognizing that such uses are compatible when properly
conditioned. The kennel is designed and operated to minimize
impacts on surrounding agricultural lands, ensuring that it
complements, rather than conflicts, with agricultural activities.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent land consists of
pastures, crops, and rural residences. The closest residences are 760 feet
to the southwest and 980 feet to the southeast. There are no USRs within
one (1) mile of the site. The Weld County Department of Planning Services
sent notice to seven (7) surrounding property owners (SPOs) and received
no correspondence in return. The proposed use is in an area that can
support this development and the existing screening, Conditions of
Approval, and Development Standards will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
D. Section 23-2-230.B.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. According to the Weld County Comprehensive Plan Map, the
site is located within the Urban/Non-Urban Mix Development Area, less than
one (1) mile from Weld Central High School and within the Town of
Keenesburg's jurisdictional influence. The property also lies within the
Town's Coordinated Planning Agreement (CPA) area and its three (3)-mile
referral area. As part of the pre-application process, a Notice of Inquiry
(NOI) was sent to the Town, which responded on November 14, 2025,
indicating no interest in annexing the property. The Town did not return a
referral response. There are no known urban-scale developments in the
area that would be negatively affected by the proposal.
E. Section 23-2-230.B.5—The application complies with Chapter 23, Articles V
and XI, of the Weld County Code. The property is not located within any
overlay district officially adopted by the County, including A-P (Airport)
Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District,
MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard
Area, Historic Townsites Overlay District, or Agricultural Heritage Overlay
District. Building Permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
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F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated the site consists entirely of Colby loam soil, classified as "prime, if
irrigated." However, the site contains an unmapped wetland, which has
been historically removed from productive farmland. No Prime Farmland will
be removed from production.
G. Section 23-2-230.B.7 — 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 the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies, and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county
and will address and mitigate impacts on the surrounding area with the
operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Scott and Marianne Purcell, for Use by Special Review
Permit, USR25-0022, for a Kennel (boarding up to 60 dogs) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, on the parcel of land described
above, be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. In order to use the On-site Wastewater Treatment System (OWTS) for
wastewater from the cleaning of the kennel, an engineer review of the
system is required for commercial use. A commercial OWTS must be sized,
permitted, and approved by the Weld County Department of Public Health
and Environment.
B. The applicant shall address the requirements of the Southeast Weld Fire
Protection District, as stated in the referral response, dated January 5,
2026. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response, dated January 28,
2026. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
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D. The applicant shall address the requirements of the Weld County Building
Inspection Division, as stated in referral response, dated February 11 , 2026.
E. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
F. In accordance with Section 23-2-260.D of the Weld County Code, the map
shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0022.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 10 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way. The applicant shall delineate and label the
existing right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
5) County Road 59 is a paved road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way. The applicant shall delineate and label the
existing right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
6) The applicant shall show and label the approved access location, the
approved access width at the right-of-way (maximum of 40') and the
appropriate turning radii (minimum of 65'). The applicant must
reconfigure the existing access to meet the geometric requirements
for a commercial business, as defined in Table 8-3, of the Weld
County Engineering and Construction Criteria manual, and obtain an
Access Permit in the approved location, prior to operation.
7) The applicant shall show and label the approved permanent tracking
control.
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8) The applicant shall 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.
9) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a paper map along with all other documentation required as
Conditions of Approval. The paper map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The paper map and additional requirements shall be
submitted within 120 days from the date of the Board of County Commissioners'
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map 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.
Use by Special Review Permit
Development Standards
Scott and Marianne Purcell
USR25-0022
1. Use by Special Review Permit, USR25-0022, is for a Kennel (boarding up to 60
dogs) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
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3. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
4. The hours of operation are 24 hours per day, Monday through Sunday.
5. The number of on-site employees shall be up to four(4), as stated in the application
materials.
6. The parking area on the site shall be maintained.
7. Animal waste shall be handled and disposed of in a sanitary manner, approved by
the Weld County Department of Public Health and Environment.
8. Suitable chemical and scientific controls shall be provided for rodent and insect
control.
9. Drainage facilities or improvements shall be constructed to protect any adjacent
rivers, streams, or other bodies of water.
10. The site shall be maintained in accordance with the accepted Waste Handling and
Nuisance Abatement Plans.
11. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
12. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
13. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
14. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit, prior to
commencement.
15. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
16. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
17. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to runoff rate and
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velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
18. i"he property owner or operator shall provide drainage facilities necessary to
protect any adjacent rivers str 5 or bodies of water D IDI IC TE OF � 9
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18-9. Weld County is not responsible for the maintenance of on-site drainage related
features.
19 . 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.
20 . 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.
21 . 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.
2223. A Use by Special Review shall terminate when the use is discontinued for a period
of three (3) consecutive years, the use of the land changes or the time period
established by the Board of County Commissioners through the approval process
expires. The landowner may notify the Department of Planning Services of a
termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by
the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
23'M. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
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vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 18th day of March, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
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