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Home My WebLink About20260528 MEMORANDUM TO: Angela Snyder, Planning Services rr� rt , FROM: Mike McRoberts, P.E., Development Review , E Fri DATE: January 29, 2026 hY z J� SUBJECT: USR25-0022 Purcell Kennel The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: Use by Special Review for a Kennel (boarding up to 60 dogs) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of and adjacent to County Road 10 and is east of and adjacent to County Road 59. Parcel number 147512300030. Access is from County Road 59. ACCESS Development Review has reviewed the application materials related to access. The applicant is proposing to use an existing unpermitted access on County Road 59 located approximately 700 feet north of County Road 10. Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. The existing/proposed access meets the minimum access and intersection spacing requirements defined in Table 1, of Section 8-14-30, of the Weld County Code. ACCESS GEOMETRY The existing access shall be reconfigured as necessary to meet the geometric requirements for commercial use as prescribed in Table 8-3, of the Weld County Engineering and Construction Criteria manual shown below. Table 8-3 Access Geometry Type of Land Use Maximum Access Width Access Radii Single-family residential 24 feet wide 25 feet minimum Commercial/Industrial/Agricultural 40 feet wide 65 feet minimum ROADS AND RIGHTS-OF-WAY County Road 10 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) 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. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 59 is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) 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. Pursuant to the definition of setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30.B, a Weld County Right-of-Way Use Permit is required for any project that will be occupying, constructing, or excavating facilities within, and or encroaching upon, any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at: https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Latest average daily traffic (ADT) on County Road 59 counted 549 vehicles per day with 12% trucks. The 85th percentile speed is 57 miles per hour. The traffic information submitted with the application materials indicates there will be approximately 14 personal vehicle daily roundtrips. 90%of the project traffic will be going to/coming from the north on County Road 59 while 10% of the project traffic will be going to/coming from the south on County Road 59. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be back-to-back double cattle guards with 100 feet of asphalt or 300 feet of asphalt. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. ROAD MAINTENANCE AGREEMENT Development Review is requesting a Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul routes. An example agreement is available at: https://www.weld.qov/Government/Departments/Planni nq-and-Zoninq/I mprovements-Agreements DRAINAGE REQUIREMENTS This area is within a Non-urbanizing Drainage Area. Non-urbanizing Drainage Areas typically require detention of stormwater runoff from the 1-hour, 100-year storm event falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 10-year storm event falling on the undeveloped site having a 2% impervious value. In compliance with Section 8-11-45, of the Weld County Code, the applicant has submitted a Drainage Narrative meeting the requirements for an exception to stormwater detention. The qualifying exception reads, "A parcel greater than five (5) gross acres in size is allowed a onetime exception for a new nine thousand (9,000)sq. ft. of 100% impervious area or equivalent imperviousness." Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the property. WATER QUALITY REQUIREMENTS Per Section 23-4-400.C., of the Weld County Code, drainage facilities shall be constructed to protect any adjacent rivers, streams, or bodies of water. CONDITIONS OF APPROVAL A. 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) B. The USR map shall be amended to delineate the following: 1. 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) 2. 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) 3. 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) 4. Show and label the approved permanent tracking control. (Development Review) 5. 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) 6. Show and label the drainage flow arrows. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE USR MAP) A. 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) B. 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) C. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Development Review) D. 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) E. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) F. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) G. 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) H. The property owner or operator shall provide drainage facilities necessary to protect any adjacent rivers, streams, or bodies of water. (Development Review) I. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) MEMORANDUM itWIZ TO: Angela Snyder Sri>lfc7-1)___ _TY DATE: 01/09/2026 -- 1 FROM: Nicole Brick SUBJECT: USR25-0022 Upon review of my case files and computer, an active Code Complaint (COMP25-00458) was noted. This violation was initiated due to the continued presence of a kennel/grooming facility in an Agricultural Zone on the property without first obtaining the necessary Weld County Land Use Permit. Approval of this Use by Special Review (USR) for a dog boarding/grooming facility would allow the business to operate on the property without a violation case being initiated. However, shall the permit not be approved, and the kennel remains on the property the case will continue through the County Court process until the kennel no longer operates on the property. Inspections since the beginning of the case have noted that property owners have made progress in becoming compliant with a land use permit and it's conditions. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff-initiated complaints. Angela Snyder From: Tom Beach <tbeach@seweldfire.org> Sent: Monday, January 5, 2026 3:56 PM To: Angela Snyder Subject: USR25-0022 Referral Attachments: Referral Form.pdf This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Angela, At this time, we will be treating this as more of a business license, as I recall our meeting with the applicant and the dilemma they are in. They will be required to submit construction drawings for our Fire Pre-plan system, allow us to complete an inspection and also comply with 2018 IFC, mainly fire extinguishers, proper addressing, and a KnoxBox. There may be more once we are able to get more information or as more comes to life, we are planning to waive all fees at this time. Thank you Tom Beach, Fire Chief Southeast Weld Fire District 95 W. Broadway Avenue Keenesburg, Colorado 80643 (303) 732-4203 Office (970) 939-0347 Cell https://urldefense.com/v3/ http://www.seweldfire.org•!!KFsiObvCuhO!96aVLwaM2G6c4kKphr25V RheI4Q2VeAP11 PEXoXjKggk5WfNMBzsXTAymKY-gtzzZv2VWFPbdgNxtx3EEGM$ This electronic communication (including attachments) is intended solely for the person or the persons to whom it is addressed and may contain confidential information. If you receive this communication in error, you are prohibited from disseminating or copying this communication (including attachments), please notify the sender that you received this email in error and delete this communication from your system. i 414 COLORADO ,4 Ito Division of Water Resources Department of Natural Resources March 18, 2025 Molly Wright Weld County Department of Planning Services Transmitted via email: mrwright@weld.gov Re: Special Use Review - Bed and Biscuit Kennel File No. USR25-0022 Part of the SW 1/4 of Sec. 12, Twp. 1 North, Rng. 64 West, 6th P.M. Water Division 1 , Water District 1 Lost Creek Designated Basin, Lost Creek Management District CDWR Assigned Referral No. 34541 Dear Molly Wright: We have received the referral for the Special Use Review application for the approximately 10-acre parcel at Weld County parcel no. 147512300030, also described as Lot A of County Exemption no. RE-3458, for a kennel boarding up to 60 dogs outside of subdivisions and historic townsites in the Agricultural Zone District. This referral does not appear to qualify as a "subdivision" as defined in section 30-28- 101 (10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. OF'co< 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water ti_ 0,�� Jared S. Polls, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director ye-0 1g76 USR25-0022, Weld County Page 2 of 2 January 28, 2026 The specific water uses and water demand associated with the project were not provided. Our records indicate that the well located on the above-referenced property is well permit no. 208889, which was issued pursuant to 37-90-105, C.R.S., on April 9, 1998 as a replacement for an existing unregistered well. The pumping rate of this well is limited to 15 gpm with an annual usage limit of 3 acre-feet. The well is permitted in the nontributary Laramie-Fox Hills aquifer for domestic purposes inside of up to 3 single-family dwellings and the irrigation of up to 1 acre of lawns and gardens, and cannot be used for other purposes. As it is currently permitted, the well cannot be used to serve the proposed commercial uses at the proposed dog kennel. Prior to the use of this well to serve the site, a commercial well permit would be required. In order to obtain a small capacity commercial well permit, the submittal of a new well permit application for the change of use of an existing well would first be required. Small capacity commercial wells in the Lost Creek Designated Basin are limited to a maximum pumping rate of 15 gallons per minute and a maximum annual withdrawal amount of 1 acre-foot per year. In addition, a totalizing flow meter would be required to be installed on the well. Permanent annual diversion records must be maintained by the well owner and submitted to the Division of Water Resources and the local Ground Water Management District upon request. The ability to re-permit well no. 208889 as a small capacity commercial well to serve the proposed dog kennel, along with the allowable uses, would be determined once a complete application is submitted to, and reviewed by, this office. Please contact Ariel.Hacker@state.co.us or 303-866-3581 x 8234 with any questions. Sincerely, y �, For loana Comaniciu, P.E. Water Resources Engineer Ec: Permit file for well no. 208889 Hello