HomeMy WebLinkAbout20252584.tiff Hearing Certification
Docket No. 2025-61
Board of County Commissioners
Weld County, Colorado
Change of Zone, COZ25-0005, from the A (Agricultural) Zone District to the
C-3 (Business Commercial) Zone District— Sheldon and Jeanne Kyne
A public hearing was conducted on September 24, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Angela Snyder
Development Review Representative, Aaron Maurice
The following business was transacted:
I hereby certify that pursuant to a Notice dated August 13, 2025, and duly published
August 15, 2025, in the Greeley Tribune, a public hearing was conducted to consider the
request of Sheldon and Jeanne Kyne, for Change of Zone, COZ25-0005, from the
A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District.
Karin McDougal, Deputy County Attorney, made this a matter of record.
Angela Snyder, Department of Planning Services, presented a brief summary of the
proposal, and described the sign posting and the vicinity of the site. She stated the site is
currently used for A (Agriculture) and shared there is a residence in the southwest corner
and the Lone Tree Creek bisects the property. She explained the applicant has expressed
the property is no longer ideal for residential use, due to the high level of traffic and noise
generated from State Highway 392. She explained the reasons why staff was originally
skeptical of the nature of the request, including the lack of other commercial uses in the
area; however, a visit to the property confirmed the level of changes in the area. She
described the five (5) criteria for a Change of Zone (COZ) request, explaining each
individually. Ms. Snyder stated the site is separated by highways and the Lone Tree
Creek to the north, and the level of traffic reduces the ability to enjoy the property
residentially. She relayed one (1) surrounding property owner (SPO) expressed concerns
regarding flooding and the potential increase in traffic, and shared visual and/or sound
mitigation may be required. She displayed a list of potential uses compatible with the
cc: PL(0E/µN/oA/As/KR) 2025-2584
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Hearing Certification (COZ25-0005) — Sheldon and Jeanne Kyne
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surrounding uses, stating corner lots are usually saved for commercial uses. Ms. Snyder
relayed there is a current domestic well onsite, although the applicant has requested a
change of use for the domestic well, and the North Weld County Water District is adjacent.
Additionally, there is a permitted On-Site Wastewater Treatment System (OWTS). She
stated both highways are paved and the Colorado Department of Transportation (CDOT)
indicated commercial development would require their review. She shared the site is
located within the Lone Tree Creek floodplain and the Airport Overlay District. Ms. Snyder
entered the favorable recommendation of the Planning Commission into the record, as
written, and displayed images of the site and surrounding views. In response to
Commissioner Maxey, Ms. Snyder confirmed the property owner does not live in the
residence on the property.
Aaron Maurice, Department of Planning Services, Development Review, stated there is
one existing, unpermitted, agricultural and oil and gas access on County Road (CR) 47,
and the applicant is proposing the addition of two (2) new accesses, one on each side of
Lone Tree Creek. He stated CR 47 is designated as a local road, which requires 60 feet
of right-of-way. He shared the paved portion of CR 47 meets criteria for a COZ specified
in the Weld County Code; however, the gravel portion would require documentation
demonstrating it meets the requirements of Section 23-2-40 of the Code, and an
Improvements Agreement would be required. In response to Commissioner Maxey,
Mr. Maurice confirmed there is one (1) current access onto State Highway 392, the
existing oil and gas access will be consolidated into one of the new proposed accesses,
and the two accesses will allow access to each part of the property bisected by Lone Tree
Creek, which was requested to avoid disturbance to the creek. He shared, in this instance,
the spacing requirements would be met, and it would make sense to have more than one
access due to the placement of the creek and floodplain.
Eric Wernsman, representative on behalf of the applicant, in response to Chair Buck,
indicated they had not had contact with any of the Commissioners regarding this case.
He thanked Ms. Snyder for her presentation and stated they are aware of the floodplain,
which is the reason for the two (2) accesses. In response to Commissioner Maxey,
Mr. Wernsman confirmed the applicant does not live on the property and the residence is
leased.
No public testimony was offered concerning this matter.
The Board reviewed the Conditions of Approval, and no changes or corrections were
made.
In response to Chair Buck, Mr. Wernsman, on behalf of the applicants, indicated they
have reviewed, and agreed to abide by, the Conditions of Approval, as presented.
2025-2584
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Hearing Certification (COZ25-0005) - Sheldon and Jeanne Kyne
Page 3
Commissioner Ross moved to approve the request of Sheldon and Jeanne Kyne for
Change of Zone, COZ25-0005, from the A (Agricultural) Zone District to the
C-3 (Business Commercial) Zone District, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval, as presented.
Commissioner James seconded the motion. Commissioner Maxey shared his concerns
with the application and the potential of spot zoning, in contrast to the proximity to the
Opportunity Zone, which he believes complies. He also referenced Section 23-2-240.B.2,
which addresses Compatibility, and noted when considering the surrounding land uses,
and the potential uses allowed in the C-3 Zone District, this also heightens his concern
with compatibility, and he shared the floodplain is also a concern, even with the multiple
accesses. Commissioner James shared, although he agrees with the potential of spot
zoning, he also believes the proximity to the Opportunity Zone, and the traffic that is in
the area, makes this a viable commercial zone, stating free market will dictate what
develops in the future. Commissioner Ross stated the Opportunity Zone, a State Highway
and a County Highway, near an intersection controlled by a stop light, makes this
commercial zone compatible. Commissioner Peppler shared she struggled to find
compatibility, and there was no demonstrated diligent effort to conserve the farmland.
There being no further discussion, a roll call vote was taken and the motion carried
three (3) to two (2), with Commissioners Maxey and Peppler opposed, and the hearing
was completed at 10:36 a.m. (Clerk's Note: Teams recording start timestamp 4:57)
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 8th day of October, A.D., 2025:
Perry L. Buck, Chair: Aye ,r+ »+-.,�,
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye 6
Lynette Peppler: Aye t - s
Kevin D. Ross: Aye ",,; r
Attest:
Esther E. Gesick, Clerk to the Board
2025-2584
PL2969
ATTENDANCE LIST
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