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Home My WebLink About20260719 Resolution Approve Request to Extend Time to Record Map for Use by Special Review Permit, USR25-0012, fora Kennel (boarding facility for up to 56 dogs and five [5] household animals) outside of subdivisions and historic townsites in the A (Agricultural) Zone District — Debra and Jeffrey Garcia 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, on the 19th day of November, 2025, the Board of County Commissioners of Weld County, Colorado, approved the application of Debra and Jeffrey Garcia, 4786 County Road 50, Johnstown, Colorado 80534, for Use by Special Review Permit, USR25-0012, for a Kennel (boarding facility for up to 56 dogs and five [5] household animals) 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-4879; being part of the E1/2 NE1/4 of Section 2, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Whereas, in accordance with Section 23-2-200.H of the Weld County Code, the Department of Planning Services received a request from Curtez Hawkins, Baseline Engineering, representing Debra and Jeffrey Garcia, by letter dated March 2, 2026, seeking an extension until July 10, 2026, to complete the Conditions of Approval and record the map for USR25-0012 in the records of the Weld County Clerk and Recorder, and staff set the matter to be considered by the Board of County Commissioners of Weld County, Colorado, and Whereas, the Board heard all of the testimony and statements of those present, studied the information presented by the applicant, and recommendation of the Weld County Department of Planning Services, and having been fully informed, deems it advisable to grant the extension request until July 10, 2026. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Debra and Jeffrey Garcia, for an extension of time to complete the Conditions of Approval and record the map for Use by Special Review Permit, USR25-0012, be, and hereby is, approved, with said extension granted until July 10, 2026. 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 30th day of March, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0719 PL2978 i8'x 1►. �� _ - MEMORANDUM U_``GOUN?Y J TO: Board of County Commissioners DATE: March 19, 2026 FROM: Molly Wright, Department of Planning Services SUBJECT: USR25-0012 Extension request The applicants submitted an extension request for USR25-0012. The applicant is requesting an extension date of July 10, 2026. The extension request states that the"Will Serve commitment letter takes more time than originally anticipated as it needs additional water use calculations per Little Thompson Water District." USR25-0012 was approved by the Board of County Commissioners on November 19, 2025 for a kennel. The Department of Planning Services is in support of this extension. Per Section 23-2-200.H: The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic(.pdf)format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded 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. If a Use by Special Review(USR) map has not been recorded within one hundred twenty (120)days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review(USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). 2026-0719 3/3 C PLZ9-13. BASELINE Engineering • Planning • Surveying Weld County Department of Planning Services Attn: Molly Wright, Weld County Board of County Commissioners 1402 N. 17th Avenue, PO Box 758 Greeley, Colorado 80632 March 2, 2026 Initial Request Correspondence: February 10, 2026 Subject: Use By Special Review(USR) Extension Request: USR25-0012 Greetings Molly and County Commissioners, Baseline Corporation, representing Debra Garcia and Duke's Animal Boarding, is requesting an extension to record the USR Map for application number USR25-0012. The required "Will Serve" commitment letter will take more time than anticipated, as it needs additional water-use calculations per the Little Thompson Water District. We are requesting an extension to July 10, 2026. Thank you, Tez Hawkins, AICP Senior Project Manager 86��= Extension Request Department of Planning Services 1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632 COUNTY,CO www.weld.gov i (970)400-6100 Fax (970) 304-6498 The Weld County Code contains certain timeframes that developments must meet. Please refer to the Weld County Code, accessible online from the link under Useful Links on the County website: www.weld.gov. See attached for excerpted sections. An extension of time may be requested by submitting this form. Please complete this page and email it to the planner you have been working with. The form may also be faxed to the number above or mailed or delivered to the address above. Property Owner(s) (Attach additional sheets if necessary.) Name: Debra and Jeff Garcia Phone #:970-430-0148 Email:jdanddogs@aol.com Street Address: 4786 CR 50 _ City/State/Zip Code:Johnstown, CO 81631 Applicant/Authorized Agent (Authorization Form must be included if there is an Authorized Agent) Name: Baseline Engineering Phone #:970-688-2175 Email: tez.hawkins@baselinecorp.com Street Address: 112 N Rubey Dr City/State/Zip Code: Golden, CO 80403 Case number: USR25-0012 Planner on case: Molly Wright Date case conditionally approved: 11/19/2025 Extension date requested: July 10, 2026 Number of Previous Extension Requests: 0 Reason for request: Little Thompson Water Will Serve Letter: The district requested additional water use calculations. Type of extension (check one): tt Plat/map recording deadline extension Construction commencement deadline extension Other I (We) acknowledge the County will charge an additional $50.00 for every three-month period beyond the original deadline to record the map or plat per the Fee Schedule in Appendix 5-J of the County code. Curtez Hawkins Digitally signed by Curtez Hawkins Date 2026.03.01 193636-0T00' Signature Date Signature Date Curtez'Tez' Hawkins Print Print For Planning Department Use: An extension is hereby granted for the case and date listed above. An extension is hereby granted for the case listed above but until The requested extension is denied for the following reason(s): The requested extension will be forwarded to the Board of County Commissioners for its decision at its regular 9:00 a.m. meeting on . Please be sure to attend the meeting. Director of Planning Services 9/2025 1 DEPARTMENTS OF PLANNING 386>t BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 4 r ! 1+ 1402 NORTH 17"'AVENUE r L� t PO BOX 758 GREELEY CO 80632 _couf_,_ AUTHORIZATION FORM Debra Garcia. Jeff Garcia Baseline Engineering I, (We), . give permission to (Owner—please print) (Authorized AgenUApplicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below. 4786 Co Rd 50. Johnstown. CO 80534 Legal Description LOT A REC EXEMPT RE-4879(0 of Section S2 Township 04 N, Range o8 W REC EXEMPT RE-4879 A Subdivision Name: Lot Block Property Owners Information: 4786 Co Rd 50, Johnstown. CO 80534 Address: Phone: (970)430-0148 jdanddogs©aol corn E-mail: Authorized AgenUApplicant Contact Information: 112 N Rubey Dr. Golden, CO 80403 Address: 970-6882175 tez hawkins@baslinecorp.com Phone: E-Mail: Correspondence to be sent to: Owner ❑ Authorized AgenUApplicant ) I by: Mail ❑ Email El Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document,that the information stated above is true and correct t t best of my (our) knowledge Date I) 1 G 2�C2 y Date /' " - 0 er Signature Own Signature Subscribed and sworn to before me this 1.7 day of iv4 r , 20 1-( by My commission expires o Public DANE MCCLENATHAN-SAMELSTAD NOTARY PUBLIC-STATE OF COLORADO Notary ID#20224023083 My Commission Expires 6/10/2020 07/22 11 MEMORANDUM 86 ` TO: Esther Gesick, Clerk to the Board DATE: 3/24/26 1 / ! FROM: Val Mino& Trace Anderson, Public Works Department COUNTY _ SUBJECT: BOCC Consent Agenda Items—Dale & Lori Hill, I Warranty Deed & Grant of Temporary Construction Easement Related to Contact ID 10360 The BOCC approved the Memorandum of Agreement for the purchase of right-of-way and temporary construction easement from Dale & Lori Hill, as part of the Galeton Drainage Project on February 18, 2026. (Recording# 5085332) An informal closing was held, where the landowner(s)were compensated, and the warranty deed and grant of temporary construction easement documents were signed. According to the resolution for the MOA, the Board is authorized to accept the related property conveyance, and the chair is authorized to sign all necessary documents. We request these items be added to the BOCC consent agenda. 5090445 Pages: 1 of' 3 03/24/2026 08:41 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County , CO Illl Nil/idl«/11:111411114111' Mie MIRY r�rI��T'��YiT`��1�r`trri �I III WARRANTY DEED THIS DEED made this �q day of Marc .2326 made between Dale G.Hill and Lori M.Hill whose legal address is PO BOX 745 Galeton,CO 80622 of the County of Weld in the State of COLORADO,grantor(s). Exempt from Documentary Fee and WELD COUNTY,COLORADO whose legal address is 1150 0 Street,Greeley,CO 80631 of the County of WELD in the State of COLORADO,grantee: WITNESS,that the grantor,for and in consideration of the sum of One Dollar and no1100...($1.00)DOLLAR,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained sold and conveyed and by these presents does grant,bargain,sell,convey and confirm unto the grantee,its successors,heirs and assigns forever,all the real property, together with improvements,if any,lying and being in the County of WELD and the State of COLORADO,described as follows: See attached Exhibit'A-dated September 30,2025 for: Project Number: GR-75 I Project Code. N/A I Parcel Number 071131000038 also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,on in anywise appertaining, the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate, right,title, interest claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee, and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,the grantees heirs and assigns,that at the time of the ensealing and delivery of these presents,grantor is well seized of the premises above conveyed,has good, sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes assessments.encumbrances and restrictions of whatever kind or nature soever,except: Excepting from the subject property described herein as Exhibit"A",the mineral estate and including all coal,oil.gas and other hydrocarbons,and all clay and other valuable mineral in or under said subject property.The grantor hereby covenants and agrees that the grantee shall forever have the right to take and use,without payment of further compensation to the grantor,any and all sand,gravel,earth,rock and other road building materials found In or upon said subject property and belonging to the grantor. The grantor further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted, will ever be conducted on or from the surface of the premises as described as Exhibit'A",and that in the event any of such operations may hereafter be carded on beneath the surface of said premises,the grantor shall perform no act which may impair the subsurface or lateral support of said premises.These covenants and agreements hereunder,shall inure to and be binding upon the grantor and its heirs,personal and legal representatives,successors and assigns forever. The grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee.the grantee's heirs and assigns,against all and every person for persons lawfully claiming the I whole or any part thereof. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. r Dal bosh eilil„e Dale G.Hill Lori M Hill STATE OF COLORADO l ss. County of Weld J The oregoing instrument was acknowledged before me this this I I day of r)')p"/�GrCh 20 by Pate C-1.k.Aitt GX\Gt. L. s-.r Witness my hand and official seal. My commission expires. j p_0 (Mary ublic STEPHANIE BRAUN Notary Public — — State of-Etrtarad0 .— Notary ID#20244036542 My Commission Expires 10-01-2028 5090445 Pages: 2 of' 3 03/24/2026 08:41 AM R Fee:SO 00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO lIII Mc!PO KAM Ili kV:,41i 41.1iI,Vi',AF'6Hiiii III EXHIBIT-A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3922608, DATED APRIL 15, 2013, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER AS BEARING SOUTH 88'35'54" WEST, A DISTANCE OF 2598.38 FEET, TO THE SOUTH ONE-QUARTER CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER, SOUTH 88'35'54" WES-, A DISTANCE OF 29.19 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 01'24'06" WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 51, DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 219289, DATED SEPTEMBER 20, 1915, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 74, DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 198988, DATED MARCH 16, 1914, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 88'35'54" WEST, A DISTANCE OF 52.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 5017'25" EAST, A DISTANCE OF 67.73 FEET, TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 51; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 00'09'44" WEST, A DISTANCE OF 42.00 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,092 sf. OR 0.025 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. Ppo C/ 0..�•ram..E� DANIEL R. HOLMES PLS 38213 WELD COUNTY DEPARTMENT RIGHT-OF-WAY ,861 ACQUISITION OF PUBLIC WORKS IC GALETON DRAINAGE PROJECT DALE& LORI HILL J FRCJECT NO: GR-75 SCALE: WELD COUNTY,COLORADO --; G O U DATE:9-30-25 DRAWN R'f:DRH SHEET: 1 of 2 5090445 Pages: 3 of 3 03/24/2026 08'.41 AM R Fee:$0.00 D Fee:$0.00 Carly Kopces. Clerk and Reccrde-, weld Co„,nty , CO 11111 Wiliiillikil'Irk'itinitlikill iill:r IN:Fiiiiiii, I III EXHIBIT-A EAST ONE-QUARTER CORNER- 0 DALE G. HILL & S31-T7N-R64W FOUND 3 HILL1/4" ALUMINUM CAP I a.i LORIM. LS-10855, 1993 IN A I w PARC.#071131000038, MONUMENT BOX 11 I R-- 071131000016, 071131000015 e ��bd "cm cNi RECP.#3922608, 4-15-2013 N 60' S�� co IZ RECS21289 9 20-199589 I Ir-i � EN EEPRISES I 1 I I ce V LC RIGHT-OF-WA I i ACQUIRED L4,�'• 1,092 sf. �.i•L5 _ - i'.0• . _ _ _ _ _ L3 L2 (t S88'35'S4W — 30'RIGHT-OF-WAY — _ P.O.B. ■I .•■ 40'RIGHT-OF-WAY Y-1 — — �J— 2598.38 40«� 3. WCR 74 i BASIS OF BEARING RECt152437,3-04-1910 7 _ _ - - -- - - r\-S OUTH ONE-QUARIE� 9 SOUTHEAST CORNER S31-T7N-R64W — CORNER S31-T7N-R¢4W�-_ - FOUND 3. 1/4" ALUMINUM CAP LS I FOUND 3 1/4' ALUMINUM CAP 2 i 22098, 1991 IN A MONUMENT BOX I I t LI LS-22098, 1991 IN A1 I MONUMENT BOX i 3 — LINE TABLE I I LINE BEARING DISTANCE 2? I I L1 S88'35'S4"W 29.19' 1.-- 20 I I i L2 N01'24'06"W 30.00' ' I L3 S88'35'54"W 52.00' I 1g 6 L4 N50'17'25"E 67.73' (:EI; :) �4`1 4bA� L5 S00'09'44"W 42.00' I 46�' WELD I 56 ( COUNTY I I I I i ' ' 'o Q.c• ! et•:,,': r. ..I 1 i ,,i, i ce, !• cci o!< . -/God• ' NOTE: THIS D<HIBfT MAP DOES NOT REPRESENT ��NAL LW ,co� ' I A MONUMENTED LAND SURVEY OR LAND SURVEY _- PLAT. IT IS INTENDED TO ILLUSTRATE THE I I ATTACHED PROPERTY DESCRIPTION ONLY. 1 RIGHT-OF-WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS ACQUISITION c--, r — lk GALETON DRAINAGE PROJECT DALE&LORI HILL �� by- IT j PROJECT NO: GR-75 SCALE: I"=100 WELD COUNTY,COLORADO �� G v u N ?Y DATE:9-30-25 DRAWN BY:DRH SHEET:2 of-2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), executed this Pf day of Ii?nrc/i , 2026 is made between Dale G.Hill and Lori M.Hill(referred to herein as"Owner",whether one or more), whose legal address is PO BOX 745 Galeton,CO 80622 and the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners(referred to herein as "County"),whose legal address is 1150"O"Street, Greeley,Colorado 80631: WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado,to wit: The real property described and depicted on the attached Exhibit B. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete,whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees,designees, contractors,guests,invitees,successors and assigns,and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County,its agents,employees, contractors,guests,invitees,and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the road Right-of-Way shall remain open throughout the term of the TCE. GRANTOR: DALE G. HILL/74"if 4?). GRANTOR: LORI M. HILL � Ciffr&Z . STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 19 day of- I ► I�.rCh ,2026, by Dale G.Hill&Lori M.Hill. Witness my hand and official seal. Notary Public STEPHANIE BRAUN Notary Public State of Colorado Notary ID N 20244036542 My Commission Expires 10-01-2028 EXHIBIT-B PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE—QUARTER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3922608, DATED APRIL 15, 2013, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE CF SAID SOUTHEAST ONE—QUARTER AS BEARING SOUTH 88'35'54" WEST, A DISTANCE OF 2598.38 FEET, TO THE SOUTH ONE—QUARTER CORNER OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE CF SAID SOUTHEAST ONE—QUARTER, SOUTH 88'35'54" WEST, A DISTANCE OF 81.19 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 01'24'06" WEST, A DISTANCE OF 30.00 FEET, TO A POINT CN THE NORTHERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 74, DESCRIBED IN ROAD PETITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 198988, DATED MARCH 16, 1914, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, SOUTH 88'35'54" WEST, A DISTANCE OF 302.81 FEET, TO A POINT ON THE WESTERLY PROPERTY LINE; THENCE DEPARTING SAID NORTHERLY RIGHT—OF—WAY LINE AND ALONG SAID WESTERLY PROPERTY LINE, NORTH 01'24'06" WEST, A DISTANCE OF 28.00 FEET; THENCE DEPARTING SAID WESTERLY PROPERTY LINE, NORTH 88'35'54" EAST, A DISTANCE OF 39.93 FEET; THENCE SOUTH 00'19'04" EAST, A DISTANCE OF 13.00 FEET; THENCE NORTH 88'35'54" EAST, A DISTANCE OF 173.30 FEET; THENCE NORTH CO'39'26" WEST, A DISTANCE OF' 17,00 FEET; THENCE NORTH 88'35'54" EAST, A DISTANCE OF 130.11 FEET; THENCE SOUTH 50'17'25" WEST, A DISTANCE OF 51.62 FEET, TO THE TRUE POINT OF BEGINNIN('z SAID PARCEL CONTAINS 7,233 sf. OR 0.166 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, A SURVEYOR IN AND FOR WELD COUNTY, COLORADO. PO'L ` S DANIEL R. HOLMES 7•5 PLS 38213 /, 4 • O'r• JLro7Z JQ AL LO TEMPORARY CONSTRUCTION '?. �,. WELD COUNTY DEPARTMENT M-��861 OF PUBLIC WORKS EASEMENT ACQUISITION Tr TT p 1 GALETON DRAINAGE PROJECT DALE & LORI RILL �� PROJECT NO: GR-75 I SCALE: WELD COUNTY.COLORADO ;_, Q U N T-vim=l DATE:9-30-25 DRAWN BY:DR}I SHEET: I of 2 EXHIBIT-B EAST ONE—QUARTER CORN DALE G. HILL & S31—T7N—R64W FOUND 3 1/4" ALUMINUM CAP I I ., LORI M. HILL LS-10855, 1993 IN A PARC.#071131000038, MONUMENT BOX I __.---------1----. 071131000016, 071131000015 S�V1O. ,)$ Il 0, • A RECP.#3922608, 4-15-2013 �, �" z F.,'5 rI in 1 I Ice:I w MOAc ` IU ELATE[ PRISES TEMPORARY CONSTRUCTIO ( I LtC 'w, EASEMENT ACQUIRED I I 7,233 sf. L9 I LS OR 0.166 ac.t P L6 L7 I L8 L10 I d, co , L4 F ,.FL ___ _ _ P.O.B. L3 P.o.a. L2 S88'35'54"W 30'RIGHT-OF-WAY _ — 2598.38 R0" �I'-A&14id JCR 74 40'RIGHT-OF-WAY BASIS OF BEARING REc#152437,3.04-1910 — - - ORNE S3i-T ARTTTTTTEEEEEE��tttrttt I SOUTHEAST CORNER S31-T7N-R64W CORNER S31-T7N- 4W FOUND 3 1/4" ALUMINUM CAP LS FOUND 3 1/4" ALUM U CAP 9 22098, 1991 IN A MONUMENT BOX I LS-22098, 1991 IN I I MONUMENT BOX 3 I I 1 LU > WELD I ' 20 5 'CC COUNTY ( I ,3 6 6, A ~ I 1 sb0 I LL U I I a ,I-4 /I '' w ,.'• p,D 0 idi I LINE TABLE * e' :s " ( LINE BEARING DISTANCE l' L1 588'35 54 W 81.19' • I -o , 7' �� ' i L2 NO1'24'06"W 30.00' I : ��c;, _ I I p •, L3 S88'35'54"W 302.81' J, J�o• 26: L4 NO1'24'O6"W 28.00' ''.._NAC LAW ••'° L6 S00'19'04"E 13.00' L7 N88'35'54"E 173.30' I I L8 NO0'39'26"W 17.00' L9 N88'35'54"E 130.11' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT I ' A MONUMENTED LAND SURVEY OR LAND SURVEY L10 S50'17'25"W 51.62' I PLAT. IT IS INTENDED TO ILLUSTRATE THE I ATTACHED PROPERTY DESCRIPTION ONLY. — TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT �861 OF PUBLIC WORKS EASEMENT ACQUISITION = !,_,I.., 1,10- ;r�• '— 114 1 GALETON DRAINAGE PROJECT DALE& LORI HILL r r% .,e__:., ,'/ PROJECT NO: GR-75 SCALE: 1"=100 WELD COUNTY,COLORADO G O U i T Y , DATE:9-30-25 DRAWN BY:DRH SHEET:2 of 2 C._ e ) Resolution Approve Use by Special Review Permit, USR25-0012, for a Kennel (boarding facility for up to 56 dogs and five [5] household animals) outside of subdivisions and historic townsites in the A (Agricultural) Zone District— Debra and Jeffrey Garcia 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 19th day of November, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Debra and Jeffrey Garcia, 4786 County Road 50, Johnstown, Colorado 80534, for Use by Special Review Permit, USR25-0012, for a Kennel (boarding facility for up to 56 dogs and five [5] household animals) 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-4879; being part of the E1/2 NE1/4 of Section 2, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Whereas, at said hearing, the applicants were present and represented by Tez Hawkins, Baseline Engineering, 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 22-2-10.B states: "Respecting Private Property Rights. One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." The request to utilize a non-agriculturally cc:PL(DE/}kW/DA/t-tea/t< Cit\(KK), 2025-3151 as) sv),APPL.,APPL.REP. PL2978 01/167,26 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 2 productive parcel for a kennel, as well as on-going residential and personal use, is in line with this section of the Comprehensive Plan. The property owner's business will comply with local regulations and does not appear to interfere with, or infringe upon. the rights of others. 2) Section 22-2-10.0 states: "Protecting Health, Safety, and General Welfare. Land use regulations and policies will protect and enhance the health, safety, and general welfare of the citizens of Weld County." The applicant submitted a Noise Study that concluded the noise should not go above 55 Db(a), the maximum noise decibel reading enforced by Weld County, between 7:00 a.m. and 9:00 p.m. Between 9:00 p.m. and 7:00 a.m., noise levels will be reduced significantly because the dogs will not be outside of their kennels and there will be no visitors to agitate the dogs. Additionally, the dogs will be monitored when they are inside and in outdoor recreation areas, to ensure the mitigation of excessive dog barking. The 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. 3) Section 22-2-30.0 states: "Harmonize development with surrounding land uses." The application materials included a Noise Study, which indicated the facility can meet the residential decibel limit. The applicant has indicated the dogs will be monitored when they are inside, and in outdoor recreation areas, to ensure the mitigation of excessive dog barking. The facility operates from 6:00 a.m. to 8:00 p.m., seven (7) days a week, with customers dropping off or picking up their animals between 7:00 a.m. and 7:00 p.m. The animals will be inside from 7:00 p.m. to 7:00 a.m. Duke's Place will be screened by a wooden privacy fence on the south and east property lines. 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 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 3 for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." In the A (Agricultural) Zone District, a kennel is allowed as a Use by Special Review, per Weld County Code Section 23-3-40.0, and Section 23-4-400 specifies supplemental standards for kennels, addressing handling of waste, rodent and insect control, and water quality. The application demonstrates that the request will comply with all applicable standards and does not interfere with agricultural activities or other Use by Right activities. C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding unincorporated properties are zoned A (Agricultural). The land uses include residences and agricultural uses. There is one (1) Use by Special Review (USR) within one (1) mile of the site. To the east of the subject property there is a USR for an event center (USR19-0033). The surrounding properties to the east are located in unincorporated Weld County and are zoned A (Agricultural), while the properties to the south and west are annexed into the Town of Johnstown, and the properties to the north are located within Larimer County. The surrounding land uses include residences and agricultural uses. There are two (2) residences within 500 feet of the project. Weld County Department of Planning Services staff sent notices to five (5) surrounding property owners (SPOs) within 500 feet of the proposed USR boundary. One (1) letter, dated August 7, 2025, was received that outlined concerns regarding the number of dogs, and the possible barking levels. The individual who wrote the letter was not against having a lower number of dogs but does not support the request for 56 dogs. No other written or telephone correspondence in opposition or support of the project was received. The 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 this Code or master plans of affected municipalities. The surrounding properties to the east are located in unincorporated Weld County and are zoned A (Agricultural), while the properties to the south and west are annexed into the Town of Johnstown, and the properties to the north are located within Larimer County. The surrounding land uses include residences and agricultural uses. There are two (2) residences within 500 feet of the project. The subject property is located within the Coordinated Planning Agreement Area of the Town of Johnstown and Town of Berthoud, As part of the pre-application process the municipalities were sent a Notice 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 4 of Inquiry (NOI). The Town of Berthoud submitted a signed NOI, dated January 1, 2024, stating they did not wish to pursue annexation as the subject property is located outside the Town of Berthoud Growth Management Area. The Town of Johnstown submitted a NOI, dated February 28, 2024, stating they would like to engage in discussion regarding possibly annexing the property. The future site is located within the Town of Johnstown's Future Land Use Map and is designated as low density/intensity. Low density/intensity is defined as a higher percentage of residential, that is predominantly lots for single-family detached homes, with some lower-density townhomes or duplex/patio homes. The site is located within the three (3) mile referral area of the Town of Johnstown. The Town did not submit a referral response in correlation with this project. E. Section 23-2-230.B.5 — The application complies with Articles V and XI of Chapter 23 if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The property is not within any recognized overlay districts, including the Geologic Hazard Overlay District, A-P (Airport) Overlay District, the Special Flood Hazard Development Overlay area, Historic Townsites Overlay District, 1-25 Overlay District, the Municipal Separate Storm Sewer Systems (MS4) defined boundary 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. 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 proposed use is located on approximately three (3) acres. The facility will be located on soils designated as "Prime farmland if irrigated" consisting of Weld Loam (1-3%) slopes, per the USDA Natural Resources Conservation Service Soil Report, submitted with the application. Currently, the property is residential and not used for agricultural 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. 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 5 Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado. that the application of Debra and Jeffrey Garcia, for Use by Special Review Permit, USR25-0012, for a Kennel (boarding facility for up to 56 dogs and five [5] household animals) 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. The applicant shall obtain a Commitment Letter for the kennel operations from the Little Thompson Water District. B. The applicant shall attempt to address the comments of the Town of Johnstown, as stated in the referral response, dated November 3, 2025. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR25-0012. 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) The applicant shall delineate the trash collection areas on the map. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the existing/proposed landscaping and screening. 6) All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. 7) The map shall delineate the off-street parking area for the customers. 8) This portion of County Road 50 is not maintained by Weld County. Please contact the Town of Johnstown and Larimer County to verify right-of-way. Show and label the right-of-way on the site plan. 9) The applicant shall show and label the approved access location on the site plan. 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 6 10) The applicant shall show and label the approved permanent tracking control for the project. 11) The applicant shall show and label the drainage flow arrows. 12) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 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 Mylar map along with all other documentation required as Conditions of Approval. The Mylar 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 Mylar 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 required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge 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. 5. Prior to Operation: A. The applicant shall obtain a Pet Animal Care and Facilities Act (PACFA) License. Use by Special Review Permit Development Standards Debra and Jeffrey Garcia USR25-0012 1. Use by Special Review Permit, USR25-0012, is for a Kennel (boarding facility for up to 56 dogs and five [5] other household animals) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 7 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. USR25-0012, for a kennel and boarding facility for up to 56 dogs and five (5) other household animals, is non-transferable and the permit shall expire upon conveyance of the property to a new owner. 4. The hours of operation for boarding are 6:00 a.m. to 8:00 p.m., Monday through Sunday, with the boarding/kenneling occurring 24 hours/day, as stated in the application materials. 5. All kenneled animals shall be kept indoors between 7:00 p.m. and 7:00 a.m. 6. The number of dogs, six (6) months of age or older, shall be no more than 56, as stated in the application materials. 7. The number of other household animals shall be no more than five (5), as stated in the application materials. 8. The parking area on the site shall be maintained. 9. The existing/proposed landscaping and screening on the site shall be maintained and adhered to. 10. All liquid and solid waste (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 12. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld County Code. The accepted Waste Handling Plan shall be adhered to. 13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 14. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in Section 14-9-40 of the Weld County Code. 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 8 15. The On-site Wastewater Treatment Systems (OWTS) located on the property must comply with all provisions of the Weld County Code, pertaining to OWTS. 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. Public water is provided to the property by the Little Thompson Water District. 17. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. 18. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 19. 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. 20. The access to the site shall be maintained to mitigate any impact to the public road, including damages and/or off-site tracking. 21. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 22. 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. 23. 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. 24. Weld County is not responsible for the maintenance of on-site drainage related features. 25. Building Permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Codes, 2018 International Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit application must be completed and two (2) complete sets of engineered plans, bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. A Geotechnical Engineering 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 9 Report, performed by a Colorado registered engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued prior to the start of construction. 26. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. 27. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 29. 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. 30. 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. 31. 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. 32. Construction or use pursuant to approval of a Use by Special Review Permit shall commence within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of the Department of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 33. The 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 2025-3151 PL2978 Use by Special Review Permit, USR25-0012 — Debra and Jeffrey Garcia Page 10 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. 34. 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. 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 19th day of November, A.D., 2025: Perry L. Buck, Chair: Aye r�+-� Scott K. James, Pro-Tem: Aye �� \. /�� Jason S. Maxey: Ayes �♦ Lynette Peppier: Aye I '�� =",1 Kevin D. Ross: Na ''�� `�'''"'� it Approved as to Form: •®Ie' Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-3151 PL2978 Hello