HomeMy WebLinkAbout20252572.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ25-0005
Sheldon and Jeanne Kyne
Angela Snyder
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Part of the E1/2 SE1/4 /4 of Section 14, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado.
North of and adjacent to State Highway 392; west of and adjacent to County Road
47,
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive Plan]
of the Weld County Code.
The following goals and objectives from the Weld County Comprehensive Plan are relevant to
this request:
Section 22-2-30. - Land Use Goals and Objectives.
B. Locate urban development in urban areas.
The subject property is located one and a half miles from the City of Greeley boundary, just
north of the Greeley — Weld County Airport, at the intersection of 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 currently but is surrounded by the District on all sides. Other urban services are
also available. The area is highly likely to urbanize soon, and may be, therefore, an appropriate
location to consider commercial development.
Section 22-2-40. - Economic Development Goals and Objectives.
A. Support compatible economic development opportunities.
1. 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 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 that 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 County Road 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 23-2-30.A.2. - The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses.
Resolution COZ25-0005
Sheldon and Jeanne Kyne
Page 2
The adjacent surrounding lands are zoned A (Agricultural), and the land uses are
predominantly agricultural and rural residential The nearest commercial use is over three (3)
miles away There are seven (7) Use by Special Review 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 within five hundred (500) feet of the subject parcel The Department of
Planning Services received no responses from surrounding property owners 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 present an easily visible,
accessible commercial opportunity
Any future commercial uses will have to be approved through a Site Plan Review, Use by
Special Review, or a Zoning Permit process All these processes are sent to referral agencies
and, with the Use by Special Review and Zoning Permit processes, also sent to the surrounding
property owners for comment The Conditions of Approval and Development Standards applied
to both this Change of Zone and any future Site Plan Review, Use by Special Review or Zoning
permits will adequately address and mitigate potential impacts
C Section 23-2-30 A 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 for potable water, permit #333163 The property is
adjacent on all sides to North Weld County Water District (NWCWD), which could be made
available to a new commercial user The site has an existing onsite wastewater treatment
system, permit #SP24-00223 Public sewer is not required for commercial uses
D Section 23-2-30 A 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, both paved highways capable of withstanding considerable commercial traffic
E Section 23-2-30 A 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 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has ,
demonstrated compliance with the County regulations concerning Overlay Districts
Compliance maybe demonstrated in a previous public hearing or in the heanng 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 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 23-2-30 A 5 b - That 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
Resolution COZ25-0005
Sheldon and Jeanne Kyne
Page 3
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 23-2-30 A 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
3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate
or severe hmitations 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 pnor to the development of the property
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that site
consists of various clay loam soils 57 7% of the site is "not limited" for small commercial
buildings The rest of the site is designated as "somewhat limited "
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 Planning Commission recommendation for approval is conditional upon the following
1 The Change of Zone plat shall be amended to delineate the following
A All pages of the plat shall be labeled COZ25-0005 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
C All recorded easements shall be shown and dimensioned on the Change of Zone plat (Department
of Planning Services)
D Show the floodplain and floodway Of applicable) boundaries on the map Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study
(Department of Planning Services — Floodplain)
E 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 (Development Review)
F 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
(Development Review)
G Show and label (including the reception number) any existing access and/or utility easement within
the limits of the subject parcel (Development Review)
H 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 (Department of Planning Services)
2) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Planning Services)_
Resolution COZ25-0005
Sheldon and Jeanne Kyne
Page 4
3) Any future structures on site must obtain the appropriate building permits (Department of
Planning Services)
4) Water service may be obtained from North Weld County Water District (Department of
Planning Services)
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 (Department of Planning Services)
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 by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials (Department of Planning
Services — Floodplain)
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, Article I and II, of the Weld County Code (Development Review)
9) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
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 and Development Standards stated herein and all applicable Weld
County regulations (Department of Planning Services)
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' Staff The plat shall be prepared in accordance with the
requirements of Section 23-2-50 C and D of the Weld County Code The Mylar plat 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
3 If a plat has not been recorded within one hundred twenty (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
Resolution COZ25-0005
Sheldon and Jeanne Kyne
Page 5
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 3 -month period
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
Motion seconded by Cole Ritchey
VOTE
For Passage Against Passage
Michael Wailes
Michael Palm
Virginia Gudegahn
Barney Hammond
Michael Biwer
Hunter Rivera
Cole Ritchey
Absent
Butch White
Calven Goza
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on September 2, 2025
Dated the 2nd of September, 2025
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, September 2. 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair
Michael Wailes. at 1:33 p.m.
Roll Call
Present: Barney Hammond, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn
Absent/Excused: Butch White, Calven Goza
Also Present: Diana Aungst, Molly Wright.. Angela Snyder, Jim Flesher and Maxwell Nader, Department of
Planning Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location.
COZ25-0005
Sheldon and Jeanne Kyne
Angela Snyder
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Part of the E1/2 SE1/4 /4 of Section 14, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado.
North of and adjacent to State Highway 392: west of and adjacent to County Road
47.
Angela Snyder. Planning Services, presented Case COZ25-0005, reading the recommendation and
comments into the record. Ms. Snyder stated that the applicant had expressed that residential use of the
property is no longer ideal due to the high level of traffic and noise. Staff was initially skeptical of the request
based on the prime farmland nature of the property and the lack of other commercial uses in the area:
however, a site visit to the property confirmed the changing nature of the area, the incredible level of traffic
at that intersection and the noise that comes with it and did in the end support the change of zone to
commercial. Ms. Synder noted that no written correspondence or telephone calls were received from the
surrounding property owners. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic and access to the site.
Eric Wernsman, 16493 Essex Road South, Platteville, Colorado, stated that they feel this property is very
suitable to this change of zone. This intersection serves a lot of traffic and removes someone wanting to
live there because of the heavy traffic.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bruce Johnson, 801 8th Street, Greeley, Colorado, stated that his family has owned the property to the
south of this site. Mr. Johnson said that he is not for or against this application but has some concerns. He
added that there is a quite a flood issue from time to time up past the house to the south of this parcel. The
floodplain from Lone Tree Creek is significant. Mr. Johnson expressed concern with the traffic and noted
several accidents at that intersection.
The Chair asked the applicant if they have anything they wish to address from Mr. Johnson's comments.
Mr. Wernsman said that there is a large portion through the middle of the property that is in the floodplain
but the development will likely be located on the opposite corner of that.
1
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ25-0005 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Palizzi, Seconded by Cole Ritchey
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Barney Hammond, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn
Meeting adjourned at 3 28 p m
Respectfully suu2bmitted,
Kristine Ranslem
Secretary
2
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