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Home My WebLink About20252573.tifflif __EL ,..._...... COUNTY, CO Planner: Case Number: Applicant: LAND USE APPLICATION SUMMARY SHEET Angela Snyder COZ25-0005 Sheldon (Troy) and Jeanne Kyne 517 N 71st Avenue, Greeley, CO 80634 Hearing Date: September 2, 2025 Representative: Wernsman Engineering and Land Development c/o Eric Wernsman P.O. Box 105, LaSalle, CO, 80645 Request: Legal Description: Location: Acres: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District Being part of the E2SE4 of Section 14, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado North of and adjacent to State Highway 392, west of and adjacent to County Road 47 +/- 35 acres Parcel #: 0803-14-4-00-013 The criteria for review of this Change of Zone are listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Department of Planning Services — Floodplain, referral dated July 9, 2025 ➢ West Greeley Conservation District, referral dated, July 14, 2025 ➢ Weld County Department of Planning Services — Development Review, referral dated July 25, 2025 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Greeley, referral dated July 23, 2025 ➢ Weld County Sheriff's Office, referral dated June 26, 2025 ➢ Weld County School District RE -2, referral dated July 31, 2025 ➢ Weld County Oil and Gas Energy Department, referral dated June 26, 2025 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Colorado Department of Transportation ➢ Colorado Parks and Wildlife ➢ Galeton Fire Protection District ➢ Lone Tree Ditch Company COZ25-0005 I Kyne Page 1 of 5 Narrative: The property owner has requested a Change of Zone on a property zoned A (Agricultural) to C-3 (Business Commercial). Potential uses for C-3 zoned properties can be found in Section 23-3-230 of the Weld County Code. The property contains a single-family dwelling in the southwest corner, but is otherwise undeveloped. The property is located at the intersection of State Highway 392 and County Road 47, also known as Weld County Parkway south of State Highway 392. The applicant states changing conditions in the area, such as the widening of the roads, the addition of the traffic light, and higher traffic speeds are making the area less conducive to residential uses, but more attractive to commercial users. As the site is not currently being used commercially. Any commercial use of the site will require a Site Plan Review (SPR), a Use by Special Review Permit (USR), or a Zoning Permit. The property is bisected by Lone Tree Creek, which is designated as an A -zoned Special Flood Hazard Area with a one percent (1%) or higher annual chance of flooding. Any development in that area will require a flood hazard development permit. THE 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 23-2-50 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 Northern Colorado Regional 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. COZ25-0005 I Kyne Page 2 of 5 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. 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 line, 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 a 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 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 Northern Colorado Regional 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 COZ25-0005 I Kyne Page 3 of 5 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 economic 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 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 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 Department of Planning Services' Staff 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 (if 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 Ill, 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) 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) COZ25-0005 I Kyne Page 4 of 5 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) 3. Upon completion of Conditions of Approval 1. and 2. 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. 4. 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. 5. 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. 6. 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. COZ25-0005 I Kyne Page 5 of 5 August 11, 2025 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: asnyder@weldgov.com Phone: (970) 400-3557 Fax: (970) 304-6498 Eric Wernsman PO Box 105 LaSalle, CO 80645 Subject: COZ25-0005 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. On parcel(s) of land described as: Part of the E1/2 SE1/4 of Section 14, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 2, 2025 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September 24, 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, Angela Snyder Planner Hello