HomeMy WebLinkAbout20252855.tiff Resolution
Approve Use by Special Review Permit, USR25-0015, for a Kennel (dog training and
boarding facility for up to eight [8] dogs) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District— Paragon Service Dogs
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 29th day of
October, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Paragon Service Dogs, 14737 County Road 3, Longmont,
Colorado 80504, for Use by Special Review Permit, USR25-0015, for a Kennel (dog
training and boarding facility for up to eight [8] dogs) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RE-4394; being part of the E1/2 NE1/4 NE1/4
of Section 19, Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
Whereas, at said hearing, the applicant was present, 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 currently
non-agriculturally productive land for a kennel is in line with the
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Comprehensive Plan. The Kennel is a service dog training facility
with dogs on-site and boarded overnight from Monday mornings to
Thursday afternoons, with no dogs onsite from Thursday afternoons
to Monday mornings. 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: "Promoting Economic Growth and
Stability. Land use policies have a significant impact on economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." The use will be training service dogs for those
within our community that need support. The service these dogs
provide to those in need will allow them to better navigate their daily
lives.
3) Section 22-2-10.D 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." Noise has been taken into account as no dogs will be onsite
and/or boarded overnight from Thursday afternoons to Monday
mornings. The applicant has indicated nuisance barking is not
permitted, since dogs onsite will be in advanced stages of service
training. 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.
4) Section 22-2-30.0 states: "Harmonize development with surrounding
land uses." There are three (3) kennels located within a one (1) mile
radius of the property. The applicants submitted their own Noise
Study, which indicated the facility can meet the residential noise limit,
as the applicant has indicated nuisance barking is not permitted.
From Thursday afternoons to Monday mornings, no dogs will be
onsite and/or boarded overnight. Traffic to and from the site will be
limited, as office hours are Monday through Friday, 9:00 a.m. to
4:00 p.m. The proposal is for training service dogs and boarding
them from Monday mornings to Thursday afternoons. The use has
minimal impacts and the dogs are trained and supervised, currently
consisting of four (4) dogs, as allowed in Weld County Code
Section 23-1-90, Kennel, with an increase of up to eight (8) dogs with
the Use by Special Review Permit for a Kennel.
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B. Section 23-2-230.B.2—The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." In the
A (Agricultural) Zone District, a kennel is allowed as a Use by Special
Review, per 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 properties are
zoned A (Agricultural). The land uses include residences and agricultural
uses. There are four (4) residences within 500 feet of the property. There
are three (3) other kennels within a one (1) mile radius of this property.
There are 12 Use by Special Review Permits (USRs) within one (1) mile of
the site. To the north there are four (4) USRs, a solar array farm
(USR15-0030); livestock confinement operation (AMUSR-685); 12-inch gas
line (USR-1061); and a 75-dog kennel, 25-dog daycare, maximum of 100
dogs (MUSR14-0028). To the south, there are eight (8) USRs, a
single-family dwelling (USR-1421); kennel [cat rescue shelter, maximum
amount of 60 cats] (USR20-0019); dental office (USR12-0010); kennel
[Colorado Reptile Human Society] (USR14-0040); oil and gas support
facility (USR20-0022); indoor storage of RV, boats, etc. (USR19-0006);
home business [tree service] (USR-1738); and landscaping vehicle
equipment storage (USR-1170).
The Weld County Department of Planning Services staff sent notice to
nine (9) surrounding property owners (SPOs) within 500 feet of the
proposed USR boundary and no written or telephone correspondence was
received. The proposed use of eight (8) dogs will be four(4) more than what
the applicant currently has on their property, as allowed in Weld County
Code Section 23-1-90, Kennel. The proposed use is in an area that can
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support this development. From Thursday afternoons to Monday mornings,
no dogs will be onsite and/or boarded overnight. The applicant has indicated
nuisance barking is not permitted, since dogs onsite will be in advanced
stages of service training. 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 north, east, south, and west are located in
unincorporated Weld County and are zoned A (Agricultural). The
surrounding land uses include residences and agricultural uses. There are
four (4) residences within 500 feet of the project. The subject property is
located within the Coordinated Planning Agreement (CPA) area of the
Towns of Mead and Firestone. As part of the pre-application process the
municipalities were sent a Notice of Inquiry (NOI). The Town of Mead
submitted a NOI, dated June 30, 2025, stating no desire to pursue
annexation, nor objections to the proposed business at this location. The
Town of Firestone submitted a NOI, dated May 26, 2025, indicating no
desire to annex and no further comments. The site is located within the
Town of Mead's Growth Management Area and the Town's Future Land
Use Plan, revised in March 2018, designates this site as Agricultural. The
Town of Firestone's 2013 Firestone Master Plan Map, with 2025
Amendment, depicts this property as outside of their Urban Growth
Boundary. The City of Longmont's 2025 Future Land Use and
Transportation System Map depicts this property as outside of the City of
Longmont's Planning Area and Coordinated Planning Area. This site is
located within the three (3) mile referral area of the Towns of Mead and
Firestone, and the City of Longmont. All three (3) municipalities responded
with referrals, dated July 11, 2025, July 16, 2025, and July 22, 2025,
respectively, all of which indicated no concerns.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 22 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
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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 five (5) acres. The
facility will be located on soils designated as "Prime farmland if irrigated"
and "Farmland of statewide importance", consisting of mostly Wiley-Colby
complex with 1-3 percent slopes (1-3% slopes) approximately 89.3% in area
and (3-5%) approximately 10.7% in area, respectively, per the USDA
Natural Resources Conservation Service Soil Report, submitted with the
application. The historic use of the property was a "hobby farm" with six (6)
goats, four (4) horses, and poultry. 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.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Paragon Service Dogs, for Use by Special Review
Permit, USR25-0015, for a Kennel (dog training and boarding facility for up to eight [8]
dogs) outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement is being requested with this project. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. The existing On-site Wastewater Treatment System for the residence shall
be reviewed by a Colorado Registered Professional Engineer if it will be
utilized for the kennel. The review shall consist of observation of the system
and a technical review describing the system's ability to handle the
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proposed hydraulic load. The review shall be submitted to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current
Regulations.
C. The sewage system for the kennel shall be permitted as commercial and be
brought into compliance with current Regulations or reconfigured to drain
into a vault. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. Building Permits to change the use to commercial, for all structures related
to business use, shall be applied for.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0015.
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) The map shall delineate the lighting, if applicable.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
8) The map shall delineate the off-street parking area for the customers.
9) County Road 3 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way. The applicant shall delineate and label the
existing right-of-way (along with its creating documents) and the
physical location of the road on the USR map. This road is
maintained by Weld County.
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10) The applicant shall show and label the 30-foot-wide access
easement created for the benefit of Lot A (the subject parcel) shown
on the recorded RE-4394 plat (Reception Number 3407827).
11) The applicant shall show and label the private gravel access road
that will function as permanent tracking control for the project.
12) The applicant shall show and label the drainage flow arrows.
13) 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.
Use by Special Review Permit
Development Standards
Paragon Service Dogs
USR25-001 5
1. Use by Special Review Permit, USR25-0015, is for a Kennel in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
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3. The hours of operation for training are 9:00 a.m. to 4:00 p.m., Monday through
Friday, with the boarding/kenneling occurring 24 hours per day. There will be no
dogs on the property from Thursday afternoons to Monday mornings, as stated in
the application materials.
4. All kenneled animals shall be kept indoors between 7:00 p.m. and 7:00 a.m.
5. The number of dogs, age six (6) months or older, shall be no more than eight (8),
as stated in the application materials.
6. Manure shall be handled and disposed of in a sanitary manner, approved by the
Weld County Department of Public Health and Environment.
7. Suitable chemical and scientific controls shall be provided for rodent and insect
control.
8. Drainage facilities or improvements shall be constructed to protect any adjacent
rivers, streams or other bodies of water.
9. The parking area on the site shall be maintained.
10. The existing/proposed landscaping and screening on the site shall be maintained
and adhered to.
11. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties in accordance with the plan. Neither the direct, nor
reflected, light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets. No colored lights may be used, which
may be confused with, or construed as, traffic control devices.
12. All liquid and solid wastes (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.
13. 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.
14. 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.
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15. 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.
16. The facility shall adhere to the maximum permissible noise levels allowed in a
Residential Area, as delineated in Section 14-9-40 of the Weld County Code.
17. The On-site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
18. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. Public water is provided to the property by Longs Peak Water District.
19. 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.
20. Any washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
21. The applicant shall comply with the Colorado Department of Agriculture (CDA),
Division of Animal Industry regulations.
22. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
23. 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.
24. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
25. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
26. 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.
27. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
28. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
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29. 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.
30. Weld County is not responsible for the maintenance of on-site drainage related
features.
31. 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
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.
32. 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.
33. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
34. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
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37. 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.
38. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced 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.
39. 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.
40. 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.
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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 29th day of October, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tern: Aye J► , �_ I{ /���`
Jason S. Maxey: Excused /' i
Lynette Peppler: Excused
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ter
Kevin D. Ross: Aye
Approved as to Form: ,►
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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