HomeMy WebLinkAbout20260523 EXHIBIT
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Before the Weld County, Colorado, Planning Commission s
USC Q_S -CO__
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Biwer, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number USR25-0022
Applicant: Scott and Marianne Purcell, dba Bed and Biscuit Inn
Planner: Angela Snyder
Request: Use by Special Review for a Kennel (boarding up to 60 dogs), outside of
subdivisions and historic townsites in the A (Agricultural)Zone District.
Legal Description: 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.
Location: East of and adjacent to County Road 59; north of and adjacent to County Road 10.
be recommended favorably 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 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 22-2-30.A1., "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.
Section 22-2-30.A.2., "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.
Section 22-2-30.C., "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.
Section 22-2-30.0 3., "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.
Sec. 22-2-40.A., "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.
Sec. 22-2-50.B.3., "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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code 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
Resolution USR25-0022
Scott and Marianne Purcell, do Bed and Biscuit Inn
Page 2
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
Section 23-3-40.0 of the Weld County Code specifically allows kennels in the A (Agricultural)
Zone District through the 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
Section 23-2-220.A.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
mile of the site. The Weld County Department of Planning Services sent notice to seven (7)
Surrounding Property Owners. Planning staff did not receive any correspondence.
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.
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.
According to the Weld County Comprehensive Plan Map, the site is located within the
Urban/Non-Urban Mix Development Area, less than one 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-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 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is/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 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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 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 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
Resolution USR25-0022
Scott and Marianne Purcell, do Bed and Biscuit Inn
Page 3
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 proposal has been reviewed by the appropriate referral agencies, and it has been
determined that the attached conditions of approval and development standards ensure that
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.
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. In order to use the onsite 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. (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. (Department of Planning
Services)
D. The applicant shall address the requirements of the Weld County Building Inspection Division,
as stated in referral 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. (Development Review)
F. The map, in accordance with Section 23-2-260.D of the Weld County Code. shall be amended
to delineate the following:
1. All sheets of the map shall be labeled USR25-0022 (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. 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 on the USR map the existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Development Review)
Resolution USR25-0022
Scott and Marianne Purcell, do Bed and Biscuit Inn
Page 4
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 on the USR map the existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Development Review)
6. 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.
(Development Review)
7. Show and label the approved permanent tracking control. (Development Review)
8. 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. (Development Review)
9. Show and label the drainage flow arrows. (Development Review)
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 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 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 3-month period. (Department of
Planning Services)
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.
(Department of Planning Services)
Resolution USR25-0022
Scott and Marianne Purcell, Go Bed and Biscuit Inn
Page 5
Motion seconded by Hunter Rivera.
VOTE:
For Passage Against Passage Absent
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Cole Ritchey
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 Commissioners 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 March 3, 2026.
Dated the 3rd of March, 2026
Kristine Ranslem
Secretary
Resolution USR25-0022
Scott and Marianne Purcell, do Bed and Biscuit Inn
Page 6
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Purcell
USR25-0022
1. Use Special Review Permit No. USR25-0022 for a Kennel (boarding up to 60 dogs) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District (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. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4. The hours of operation are twenty-four hours per day, Monday — Sunday. (Department of Planning
Services)
5. The number of on-site employees shall be up to 4 as stated in the application materials. (Department
of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. Animal waste shall be handled and disposed of in a sanitary manner approved by the Department of
Public Health and Environment. (Department of Planning Services)
8. Suitable chemical and scientific controls shall be provided for rodent and insect control. (Department
of Planning Services)
9. Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other
bodies of water. (Department of Planning Services)
10. The site shall be maintained in accordance with the accepted Waste Handling and Nuisance Abatement
Plan. (Department of Planning Services)
11. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Development Review)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
14. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Development Review)
15. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
16. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
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 velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
Resolution USR25-0022
Scott and Marianne Purcell, c/o Bed and Biscuit Inn
Page 7
18. The property owner or operator shall provide drainage facilities necessary to protect any adjacent rivers,
streams, or bodies of water. (Development Review)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
20. 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)
21. 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)
22. 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 Planning Services)
23. 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.
24. 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 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.
EXHIBI T
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Summary of the Weld County Planning Commission Meeting
Tuesday, March 3, 2026
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 Vice Chair
Michael Wailes, at 1:30 p.m.
Roll Call
Present: Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Absent: Barney Hammond, Butch White.
Also Present: Angela Snyder, Department of Planning Services, Mike McRoberts, Development Review,
Matthew Conroy, County Attorney, and Kris Ranslem, Secretary.
Case Number USR25-0022
Applicant: Scott and Marianne Purcell, Go Bed and Biscuit Inn
Planner Angela Snyder
Request: Use by Special Review for a Kennel (boarding up to 60 dogs), outside of
subdivisions and historic townsites in the A(Agricultural)Zone District.
Legal Description: 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.
Location: East of and adjacent to County Road 59; north of and adjacent to County Road 10
Angela Snyder, Planning Services, presented Case USR25-0022, reading the recommendation and
comments into the record. Ms. Snyder noted that the closest residences are 760 feet to the southwest and
980 feet to the southeast. She added that staff did receive a letter from a member of the general public
citing character views. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Scott Purcell,4158 CR 59, Keenesburg, Colorado, stated that they purchased this property in June of 2024.
They had previously boarded their dog at this site and so when it came up for sale they wanted to purchase
it. Mr. Purcell said that they weren't aware that this site wasn't previously permitted. He added that they
offer dog boarding and grooming services.
Mr. Purcell referred to the letter submitted in opposition and said it was from his 16 year old granddaughter's
biological father and added that it was due to personal reasons.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0022 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Biwer, Seconded by Hunter Rivera.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia
Guderjahn.
Meeting adjourned at 2:20 p.m.
1
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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