HomeMy WebLinkAbout20252571.tiff Resolution
Grant Change of Zone, COZ25-0005, from the A (Agricultural) Zone District to the
C-3 (Business Commercial) Zone District— Sheldon and Jeanne Kyne
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, a public hearing was held on the 24th day of September, 2025, at the hour of
10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
Sheldon and Jeanne Kyne, 517 North 71st Avenue, Greeley, Colorado 80634, requesting
a Change of Zone, COZ25-0005, from the A (Agricultural) Zone District to the
C-3 (Business Commercial) Zone District for a parcel of land located on the following
described real estate, to-wit:
Part of the E1/2 SE1/4 of Section 14, Township 6 North, Range 65 West of
the 6th P.M., Weld County, Colorado
Whereas, at said hearing, the applicant was represented by Wernsman Engineering and
Land Development, P.O. Box 105, LaSalle, Colorado 80645, and
Whereas, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
Whereas, the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld
County Planning Commission, and having been fully informed, finds that this request shall
be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-30.B — Locate urban development in urban areas. The
subject property is located one and one-half(1.5) miles from the City
of Greeley boundary, just north of the Greeley—Weld County Airport,
at the intersection of County Road (CR) 47 (Weld County Parkway)
and State Highway 392. The City of Greeley, in the referral dated
July 23, 2025, did not express any concerns with the request. The
subject property is not included in the North Weld County Water
District (NWCWD), currently, but is surrounded by the District on all
sides. Other urban services are also available. The area is highly
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Carly Koppes, Clerk and Recorder, Weld County , CO PL2969
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Change of Zone, COZ25-0005 — Sheldon and Jeanne Kyne
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likely to urbanize soon, and may be, therefore, an appropriate
location to consider commercial development.
2) Section 22-2-40.A.1 states: "Identify target areas where the County
is able to encourage shovel-ready commercial and industrial
development." The subject property is located at the intersection of
two (2) highways. The site is located within a Weld County
Opportunity Zone, within the Urban and Nonurban Development
Allowed classification area, on the Future Land Use Map, indicating
the property may be an appropriate location for commercial
development. In 2024, the average daily traffic (ADT) on that portion
of Weld County Highway, between CR 66 and State Highway 392,
was identified as 5,107. A highly trafficked location could benefit from
auto-dependent commercial uses, such as a fueling station,
convenience store, or vehicle and equipment sales.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The adjacent surrounding lands are zoned
A (Agricultural), and the land uses are predominantly agricultural and rural
residential, with the nearest commercial use located over three (3) miles
away. There are seven (7) Use by Special Review (USR) permits in the
area, for a kennel, feedlot, two (2) high pressure natural gas lines, two (2)
solar facilities, and a home business. On August 11, 2025, the Department
of Planning Services sent notice to eight (8) surrounding property owners
(SPOs) within 500 feet of the subject parcel and no responses were
received. The site is not located within a Coordinated Planning Agreement
(CPA) area. The proximity to State and County highways and the relative
lack of impacted neighbors presents an easily visible, accessible
commercial opportunity. Any future commercial uses will have to be
approved through a Site Plan Review, USR, or a Zoning Permit process. All
these processes are sent to referral agencies and, with the USR and Zoning
Permit processes, also sent to the SPOs for comment. The Conditions of
Approval and Development Standards applied to both this Change of Zone
and any future Site Plan Review, USR or Zoning permits will adequately
address and mitigate potential impacts.
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The property is currently served by a well (permit #333163) for
potable water. The property is adjacent on all sides to the NWCWD, which
could be made available to a new commercial user. The site has an existing
On-site Wastewater Treatment System (OWTS), Permit #SP24-00223.
Public sewer is not required for commercial uses.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Change of Zone, COZ25-0005 — Sheldon and Jeanne Kyne
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D. Section 23-2-40.B.4 — Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. Per Section 23-2-30.A.4, a Change of Zone to a commercial
district requires that the property abut a paved road. The site directly abuts
County Road 47 (Weld County Parkway) and State Highway 392, and both
are paved highways capable of withstanding considerable commercial
traffic.
E. Section 23-2-40.B.5— In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 23-2-40.B.5.a — If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by the
County, the applicant has demonstrated compliance with the County
regulations concerning Overlay Districts. Compliance may be
demonstrated in a previous public hearing or in the hearing
concerning the rezoning application. The site is located within the
A-P (Airport) Overlay District. Development of the site will be required
to comply with applicable requirements in Chapter 23, Article V,
Division 1 of the Weld County Code. Future development
applications will be sent to the Greeley — Weld County Airport and
the Federal Aviation Administration for review, as appropriate. The
site is located within a Floodplain Management Overlay District. Any
development within the floodplain will require a Flood Hazard
Development Permit. The site is not located within the following
overlay districts officially adopted by the County: Historic Townsite
Overlay, Geologic Hazard Overlay District, 1-25 Overlay District,
Agricultural Heritage Overlay District, or (MS4) Municipal Separate
Storm Sewer System area.
2) Section 23-2-40.B.5.b — The proposed rezoning will not permit the
use of any area known to contain a commercial mineral deposit in a
manner which would interfere with the present or future extraction of
such deposit by an extractor to any greater extent than under the
present zoning of the property. The proposed rezoning will not
interfere with the present or future extraction of a commercial mineral
deposit, consistent with Section 23-2-40.B.5.b. According to the
Mineral and Aggregate Evaluation, prepared by Northern Colorado
Geotech, dated March 6, 2025, the site does not contain
economically viable deposits of sand and gravel aggregate, quarry
rock or minerals.
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Carly Koppes, Clerk and Recorder, Weld County , CO PL2969
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Change of Zone, COZ25-0005 — Sheldon and Jeanne Kyne
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3) Section 23-2-40.6.5.c — If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site, that such limitations can
be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns, prior to the
development of the property. The Natural Resources Conservation
Services (NRCS) Soil Survey indicated the site consists of various
clay loam soils: 57.7% of the site is "not limited"for small commercial
buildings, and the rest of the site is designated as "somewhat
limited."
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Sheldon and Jeanne Kyne for a Change of Zone,
COZ25-0005, from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District on the above referenced parcel of land, be, and hereby is, granted, subject
to the following conditions:
1. Prior to recording the Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ25-0005.
2) The plat shall adhere to Section 23-2-50.0 and D of the Weld County
Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
5) Delineate and label the existing County Road 47 right-of-way and the
physical location of the road. Reference the document used to create
the right-of-way in the label.
6) The applicant shall show and label any approved Colorado
Department of Transportation (CDOT) access(es) on State
Highway 392 and include in the label the CDOT Access Permit
number(s), if applicable.
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Carly Koppes, Clerk and Recorder, Weld County , Co PL2969
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Change of Zone, COZ25-0005 — Sheldon and Jeanne Kyne
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7) The applicant shall show and label (including the Reception number)
any existing access and/or utility easements within the limits of the
subject parcel.
B. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ25-0005, allows for C-3 (Business
Commercial) Zone District uses, which shall comply with the
requirements set forth in Chapter 23, Article III, Division 3 of the Weld
County Code.
2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
3) Any future structures onsite must obtain the appropriate Building
Permits.
4) Water service may be obtained from the North Weld County Water
District.
5) The property is not currently served by a municipal sanitary sewer
system. Sewage disposal may be by an On-site Wastewater
Treatment System (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or
modification of the system.
6) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway, as delineated
on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C-1535E, dated January 20, 2016,
and 1575F, dated November 30, 2023 (Lone Tree Creek Floodplain).
Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements, as
described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements, as described
in 44 CFR parts 59, 60, and 65. The FEMA definition of development
is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials.
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Carly Koppes, Clerk and Recorder, Weld County , CO PL2969
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Change of Zone, COZ25-0005 — Sheldon and Jeanne Kyne
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7) FEMA's floodplain boundaries may be updated at any time by FEMA.
Prior to the start of any development activities, the owner should
contact Weld County to determine if the floodplain boundaries have
been modified.
8) 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.
9) The historical flow patterns and runoff amounts will be maintained on
the site.
10) 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 stated herein and
all applicable Weld County regulations.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-50.0 and D of the Weld County
Code. The Mylar plat 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. If a plat has not been recorded within 120 days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the COZ has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ.
4. In accordance with Appendix 5-J of the Weld County Code, should the plat not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Change of Zone, COZ25-0005 — Sheldon and Jeanne Kyne
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5. Any approved amendments to the Official Zoning Map shall be effective
immediately upon approval by the Board of County Commissioners unless
otherwise specified by the approving Resolution of the Board of County
Commissioners. However, no Building Permit shall be issued, and no use shall
commence on the property until the plat is recorded and a land use permit
perfected.
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 24th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye �,,.M►-.�
Scott K. James, Pro-Tem: Aye ' } ,. /11k
Jason S. Maxey: Nay r/ , N
�rffY
Lynette Peppler: Nay • as
Ito
Kevin D. Ross: Aye
Approved as to Form: ♦ 001
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO PL2969
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