HomeMy WebLinkAbout20253153 LAND USE APPLICATION
1YEL4 SUMMARY SHEET
COUNTY,CO
Planner: Molly Wright Hearing Date: November 4, 2025
Case Number: USR25-0012
Applicant: Jeffrey and Debra Garcia
4786 County Road 50, Johnstown, Colorado 80534
Authorized Agent: Baseline Engineering c/o Tez Hawkins, Andrew Baker and Ben Thurston
112 N Rubey Drive, Golden, CO 80403
Request: A Use by Special Review Permit for a Kennel (boarding facility for up to 56 dogs
and 5 small animals) outside of subdivisions and historic townsites in the A
(Agricultural)Zone District
Legal Lot A of Recorded Exemption RE-4879, Being part of the E2NE4 of Section 2,
Description: T4N, R68W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 50 and approximately one-quarter mile east of High
Plans Blvd
Size of Parcel: +/- 3.09 acres Parcel No. 1061-02-1-00-032
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
❖ Little Thompson Water District, referral dated October 16, 2025
❖ Weld County Department of Planning Services— Development Review, referral dated August 18, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ Larimer County, referral dated August 7, 2025
❖ Weld County Sherriff's Office, referral dated July 24, 2025
❖ Front Range Fire Protection District, referral dated August 1, 2025
❖ Weld County Department of Oil and Gas Energy Development, referral dated July 31, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
❖ Town of Johnstown ❖ Weld County School District RE-5J
❖ Colorado Division of Wildlife ❖ Colorado Division of Water Resources
❖ Harry Lateral Ditch Company ❖ Colorado Department of Transportation
❖ Larimer Conservation District ❖ Pet Animal Care and Facilities Act(PACFA)
USR25-0012 I Garcia
Page 1 of 9
CASE SUMMARY:
The applicant is requesting a Use by Special Review Permit for a boarding up to fifty-six(56) dogs, and up
to five (5) other household pets (house cats, guinea pigs, birds, etc.), to be known as Duke's Place. The
applicant is proposing to construct two (2)dog kennel buildings, one (1)of which will be 2,400 square feet,
while the second (2) proposed building will be 1,155 square feet. There is an existing garden shed on the
property that will be used for the small animal kennels.
There will be four (4) total employees who may be on site from 6:00 a.m. to 8:00 p.m., seven (7) days a
week. The proposed hours of operation are from 6:00 a.m. to 8:00 p.m. with customers dropping off or
picking up their animals between 7:00 a.m.to 7:00 p.m. Dogs will be kenneled inside from 7:00 p.m.to 7:00
a.m.to mitigate the potential noise nuisance.The application materials state that there could be a maximum
number of seventeen (17)customers on the property at any one time but will vary depending on when each
customer needs to pick up or drop off their animals.
Trash, waste, and debris will be removed weekly and consistent with the commercial trash provider's pick-
up schedule. Dust will be mitigated by the use of real or artificial turf and/or stabilizing the dirt in the outdoor
play area with water. Duke's Place will be screened by a wooden privacy fence on the south and east
property lines. The outdoor play areas for dogs will be landscaped with dirt, turf, or a combination of both.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10.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 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.
Sec 22-2-10 D. of the Weld County Code 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 concludes that the noise should not go above
55 Db(a)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 their kennels and there will be no visitors to agitate
the dogs. Additionally, the dogs will be monitored when they're inside and at outdoor
recreation areas to ensure the mitigation of excessive dog barking. The Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
Section 22-2-30.C. -Harmonize development with surrounding land uses.
USR25-0012 I Garcia
Page 2 of 9
The application materials included a noise study which indicates the facility can meet the
residential decibel limit. The applicant has indicated that the dogs will be monitored when
they're inside and at 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. to 7:00 p.m. animals
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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the County. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
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 23-2-220.A.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 are two (2) residences within 500 feet of
the property.
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 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 fifty-six (56) dogs. No other
written or telephone correspondence in opposition or support of the project was received.
The Development Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would 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.
USR25-0012 I Garcia
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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 of Inquiry (NOI). The Town of Berthoud submitted a
signed NOI dated January 1, 2024, stating that they do 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 that 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.
This 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 23-2-220.A.5--That the application complies with Articles V and XI of this Chapter
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 23-2-220.A.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) percent
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 23-2-220.A.7—There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies, and it has been
determined that the attached conditions of approval and development standards ensure
that there are adequate provisions for the protection of the health, safety and welfare of
the inhabitants of the neighborhood and county and will address and mitigate impacts on
the surrounding area with the operation of this facility.
USR25-0012 I Garcia
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This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. The applicant shall obtain a commitment letter for the kennel operations from Little Thompson
Water District. (Department of Planning Services)
B. The applicant shall address the referral comments of the Town of Johnstown as stated in
their referral response dated November 3, 2025. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (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 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the existing/proposed landscaping and screening.
(Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
(Department of Planning Services)
7. The map shall delineate the off-street parking area for the customers. (Department of
Planning Services)
8. This portion of County Road 50 is not maintained by Weld County. Please contact
Johnstown and Larimer County to verify right-of-way. Show and label the right-of-way
on the site plan. (Development Review)
9. Show and label the approved access location on the site plan. (Development Review)
10. Show and label the approved permanent tracking control for the project. (Development
Review)
11. Show and label the drainage flow arrows. (Development Review)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
USR25-0012 I Garcia
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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 one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the required one hundred twenty (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. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
5. Prior to Operation:
A. The applicant shall obtain a PACFA license. (Department of Planning Services)
USR25-0012 I Garcia
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Duke's Place
USR25-001 2
1. A Use by Special Review Permit, USR25-0012, for a Kennel (boarding facility for up to 56 dogs and 5
other household animals) in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. USR25-0012 for a kennel for up to boarding facility for up to 56 dogs and 5 other household animals is
non-transferable and the permit shall expire upon conveyance of the property to a new owner.
(Department of Planning Services)
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. (Department of
Planning Services)
5. All kenneled animals shall be kept indoors between 7:00 p.m. and 7:00 a.m. (Department of Planning
Services)
6. The number dogs, six (6) months of age or older, shall be no more than fifty-six (56), as stated in the
application materials. (Department of Planning Services)
7. The number of other household animals shall be no more than five (5), as stated in the application
materials. (Department of Planning Services)
8. The parking area on the site shall be maintained. (Department of Planning Services)
9. The existing/proposed landscaping and screening on the site shall be maintained and adhered to.
(Department of Planning Services)
10. All liquid and solid waste(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Planning Services)
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, 30-20-100.5, C.R.S. (Department of Planning Services)
12. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. The accepted waste
handling plan shall be adhered to. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
15. The On-site Wastewater Treatment Systems located on the property must comply with all provisions of
the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Planning
Services)
USR25-0012 I Garcia
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16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. Public water
is provided to the property by Little Thompson Water District. (Department of Planning Services)
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. (Department of Planning Services
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Planning Services)
19. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
20. The access to the site shall be maintained to mitigate any impact to the public road, including damages
and/or off-site tracking. (Development Review)
21. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
22. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Development Review)
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. (Development Review)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
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 has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy 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, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
26. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
27. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
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. (Department of Planning Services)
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.
USR25-0012 I Garcia
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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 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
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
33. 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.
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.
USR25-0012 I Garcia
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LAND USE APPLICATION
1YEL4 SUMMARY SHEET
COUNTY,CO
Planner: Molly Wright Hearing Date: November 4, 2025
Case Number: USR25-0012
Applicant: Jeffrey and Debra Garcia
4786 County Road 50, Johnstown, Colorado 80534
Authorized Agent: Baseline Engineering c/o Tez Hawkins, Andrew Baker and Ben Thurston
112 N Rubey Drive, Golden, CO 80403
Request: A Use by Special Review Permit for a Kennel (boarding facility for up to 56 dogs
and 5 small animals) outside of subdivisions and historic townsites in the A
(Agricultural)Zone District
Legal Lot A of Recorded Exemption RE-4879, Being part of the E2NE4 of Section 2,
Description: T4N, R68W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 50 and approximately one-quarter mile east of High
Plans Blvd
Size of Parcel: +/- 3.09 acres Parcel No. 1061-02-1-00-032
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
❖ Little Thompson Water District, referral dated October 16, 2025
❖ Weld County Department of Planning Services— Development Review, referral dated August 18, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ Larimer County, referral dated August 7, 2025
❖ Weld County Sherriff's Office, referral dated July 24, 2025
❖ Front Range Fire Protection District, referral dated August 1, 2025
❖ Weld County Department of Oil and Gas Energy Development, referral dated July 31, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
❖ Town of Johnstown ❖ Weld County School District RE-5J
❖ Colorado Division of Wildlife ❖ Colorado Division of Water Resources
❖ Harry Lateral Ditch Company ❖ Colorado Department of Transportation
❖ Larimer Conservation District ❖ Pet Animal Care and Facilities Act(PACFA)
USR25-0012 I Garcia
Page 1 of 9
CASE SUMMARY:
The applicant is requesting a Use by Special Review Permit for a boarding up to fifty-six(56) dogs, and up
to five (5) other household pets (house cats, guinea pigs, birds, etc.), to be known as Duke's Place. The
applicant is proposing to construct two (2)dog kennel buildings, one (1)of which will be 2,400 square feet,
while the second (2) proposed building will be 1,155 square feet. There is an existing garden shed on the
property that will be used for the small animal kennels.
There will be four (4) total employees who may be on site from 6:00 a.m. to 8:00 p.m., seven (7) days a
week. The proposed hours of operation are from 6:00 a.m. to 8:00 p.m. with customers dropping off or
picking up their animals between 7:00 a.m.to 7:00 p.m. Dogs will be kenneled inside from 7:00 p.m.to 7:00
a.m.to mitigate the potential noise nuisance.The application materials state that there could be a maximum
number of seventeen (17)customers on the property at any one time but will vary depending on when each
customer needs to pick up or drop off their animals.
Trash, waste, and debris will be removed weekly and consistent with the commercial trash provider's pick-
up schedule. Dust will be mitigated by the use of real or artificial turf and/or stabilizing the dirt in the outdoor
play area with water. Duke's Place will be screened by a wooden privacy fence on the south and east
property lines. The outdoor play areas for dogs will be landscaped with dirt, turf, or a combination of both.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10.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 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.
Sec 22-2-10 D. of the Weld County Code 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 concludes that the noise should not go above
55 Db(a)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 their kennels and there will be no visitors to agitate
the dogs. Additionally, the dogs will be monitored when they're inside and at outdoor
recreation areas to ensure the mitigation of excessive dog barking. The Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
Section 22-2-30.C. -Harmonize development with surrounding land uses.
USR25-0012 I Garcia
Page 2 of 9
The application materials included a noise study which indicates the facility can meet the
residential decibel limit. The applicant has indicated that the dogs will be monitored when
they're inside and at 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. to 7:00 p.m. animals
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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the County. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
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 23-2-220.A.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 are two (2) residences within 500 feet of
the property.
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 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 fifty-six (56) dogs. No other
written or telephone correspondence in opposition or support of the project was received.
The Development Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would 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.
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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 of Inquiry (NOI). The Town of Berthoud submitted a
signed NOI dated January 1, 2024, stating that they do 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 that 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.
This 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 23-2-220.A.5--That the application complies with Articles V and XI of this Chapter
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 23-2-220.A.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) percent
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 23-2-220.A.7—There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies, and it has been
determined that the attached conditions of approval and development standards ensure
that there are adequate provisions for the protection of the health, safety and welfare of
the inhabitants of the neighborhood and county and will address and mitigate impacts on
the surrounding area with the operation of this facility.
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This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. The applicant shall obtain a commitment letter for the kennel operations from Little Thompson
Water District. (Department of Planning Services)
B. The applicant shall obtain a PACFA license. (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 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the existing/proposed landscaping and screening.
(Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
(Department of Planning Services)
7. The map shall delineate the off-street parking area for the customers. (Department of
Planning Services)
8. This portion of County Road 50 is not maintained by Weld County. Please contact
Johnstown and Larimer County to verify right-of-way. Show and label the right-of-way
on the site plan. (Development Review)
9. Show and label the approved access location on the site plan. (Development Review)
10. Show and label the approved permanent tracking control for the project. (Development
Review)
11. Show and label the drainage flow arrows. (Development Review)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a 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 one hundred twenty (120)
USR25-0012 I Garcia
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days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the required one hundred twenty (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. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Duke's Place
USR25-001 2
1. A Use by Special Review Permit, USR25-0012, for a Kennel (boarding facility for up to 56 dogs and 5
other household animals) in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. USR25-0012 for a kennel for up to boarding facility for up to 56 dogs and 5 other household animals is
non-transferable and the permit shall expire upon conveyance of the property to a new owner.
(Department of Planning Services)
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. (Department of
Planning Services)
5. All kenneled animals shall be kept indoors between 7:00 p.m. and 7:00 a.m. (Department of Planning
Services)
6. The number dogs, six (6) months of age or older, shall be no more than fifty-six (56), as stated in the
application materials. (Department of Planning Services)
7. The number of other household animals shall be no more than five (5), as stated in the application
materials. (Department of Planning Services)
8. The parking area on the site shall be maintained. (Department of Planning Services)
9. The existing/proposed landscaping and screening on the site shall be maintained and adhered to.
(Department of Planning Services)
10. All liquid and solid waste(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Planning Services)
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, 30-20-100.5, C.R.S. (Department of Planning Services)
12. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. The accepted waste
handling plan shall be adhered to. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
15. The On-site Wastewater Treatment Systems located on the property must comply with all provisions of
the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Planning
Services)
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16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. Public water
is provided to the property by Little Thompson Water District. (Department of Planning Services)
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. (Department of Planning Services
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Planning Services)
19. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
20. The access to the site shall be maintained to mitigate any impact to the public road, including damages
and/or off-site tracking. (Development Review)
21. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
22. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Development Review)
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. (Development Review)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
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 has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy 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, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
26. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
27. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
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. (Department of Planning Services)
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.
USR25-0012 I Garcia
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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 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
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
33. 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.
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.
USR25-0012 I Garcia
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DEPARTMENT OF PLANNING
vvti4 SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
COUNTY, CO Email: mrwright@weld.gov
Phone: (970) 400-3525
October 1, 2025 Fax: (970) 304-6498
TEZ HAWKINS
CO 805348248
Subject: USR25-0012- A Use by Special Review Permit for a Kennel (boarding facility for up to 56
dogs and 5 small animals) outside a subdivision or historic townsite in the A(Agricultural)Zone
District.
On parcel(s) of land described as:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 4, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 19,
2025 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification
of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
J�o �rQ
Molly Wright
Planner
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