HomeMy WebLinkAbout20253151Draft 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 N E 1 /4 of
Section 2, Township 4 North, Range 68 West of the 6th P.M., Weld County,
Colorado
Whereas, at said hearing, the applicant was present/represented by [Representative],
[Representative Address], 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
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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
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." 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.
Section 22-2-30.C 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
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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.O, 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 (USRI9-0033). 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
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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.
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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 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.
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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
USR25-00'12
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.
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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.
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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 r 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
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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
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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:
[Insert Resolution Attestation Block Post Meeting]
2025-3151
PL2978
Draft 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 applicant was present/represented by [Representative],
[Representative Address], 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
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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.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." 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.C 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
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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.O, 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
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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.
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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 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.
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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.
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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.
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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
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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
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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:
[Insert Resolution Attestation Block Post Meeting]
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