HomeMy WebLinkAbout20260524 1_8('lf_.
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
COUNTY,CO
Planner: Angela Snyder Hearing Date: March 3, 2026
Case Number: USR25-0022
Owner: Scott and Marianne Purcell
4158 County Road 59, Keenesburg, CO 80643
Site Address: 4158 County Road 59, Keenesburg, CO 80643
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 Lot A of Recorded Exemption RE-3458, being part of the SW4 of Section 12, T1 N,
Description: R64W, 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
Size of Parcel: ± 10.16 acres Parcel No. 1475-12-3-00-030
The criteria for review of this Special Review Permit are 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:
D. Southeast Weld Fire Protection District, referral dated January 5, 2026
➢ Colorado Division of Water Resources, referral dated January 28, 2026
D. Weld County Planning Services—Code Compliance, referral dated January 9, 2026
D. Weld County Planning Services- Building Inspection, referral dated February 11, 2026
D. Weld County Planning Services— Development Review, referral dated January 29, 2026
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
D. Bureau of Animal Protection, referral dated January 9, 2026
D. Weld County School District RE-3J, referral dated January 8, 2026
➢ Weld County Oil and Gas Energy Department, referral dated January 6, 2026
The Department of Planning Services' staff has not received responses from the following agencies:
D. Town of Keenesburg
D. Colorado Parks and Wildlife
D. Weld County Sheriff's Office
D. Colorado Department of Agriculture
➢ Southeast Weld Conservation District
Case Summary
The proposal is for a dog boarding and grooming facility, operating as Bed and Biscuit Inn. The business
has been in operation since 2016. The current owners bought the business and property in July of 2025,
unaware that the site was unpermitted through the County. The facility is licensed through the Colorado
Department of Agriculture under the Pet and Animal Care and Facilities Act(PACFA).
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The site has the capacity for sixty (60) dogs. Some dogs are only at the facility during the workday. Others
board overnight for limited stays. Some are only present for grooming services. The facility has four (4)
part-time employees. The facility includes two structures, a main boarding facility and a quieter facility with
space for separation, as needed, three (3) dog runs, and five (5) other pens. All waste is removed as
garbage every other week. To reduce noise, dogs are kept inside from 8 pm to 7 am and again from 12 pm
to 4 pm every day. The kennel floors are washed daily, which drains into the septic system.
The facility currently uses the onsite domestic well for water service and the onsite wastewater treatment
system for managing wastewater. The Division of Water Resources, in the January 28, 2026, referral
requires the well be repermitted for the current use. Similarly, Weld County Department of Public Health
and Environment requires review of the OWTS for commercial use. These have been added as conditions
of approval.
The main facility was constructed with building permit, BCR15-00966,which indicates that the building was
designed for personal use only. Both the Weld County Building Division, as stated in the February 11, 2026,
referral, and the Southeast Weld Fire Protection District, as stated in the January 5, 2026, referral, will need
to review the structure for commercial use. These have been added as conditions of approval.
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 22-2-30.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)
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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
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.
C. 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.
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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,
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 Department of Planning Services' staff 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)
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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)
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)
USR25-0022—Purcell
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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)
USR25-0022—Purcell
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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.
USR25-0022—Purcell
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DEPARTMENT OF PLANNING
VvrtiE.R. SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
COUNTY, CO Email: asnyder@weldgov.com
Phone: (970) 400-3557
February 4, 2026 Fax: (970) 304-6498
PURCELL MARIANNE
4158 CR 59
KEENESBURG CO 80642
Subject: USR25-0022 - Use by Special Review for a Kennel (boarding up to 60 dogs) outside of
subdivisions and historic townsites in the A(Agricultural) Zone District
On parcel(s) of land described as:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 3, 2026 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 18, 2026
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 0 Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://aca-
prod.accela.com/WELD/
Respectfully,
Age4 S774
Angela Snyder
Planner
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