HomeMy WebLinkAbout20251178.tiffHearing Certification
Docket No. 2025-13.B
Board of County Commissioners
Weld County, Colorado
Change of Zone, COZ24-0008, from the R-1 (Low Density Residential) Zone District
to the A (Agricultural) Zone District — Suzanne Lilly, Gerry Ball, and Patricia Conlon
A public hearing was conducted on May 7, 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, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Diana Aungst
Development Review Representative, Mike McRoberts
The following business was transacted:
El I hereby certify that pursuant to a Notice dated February 14, 2025, and duly published
February 19, 2025, in the Greeley Tribune, a public hearing was conducted on
February 26, 2025, to consider the request of Suzanne Lilly, Gerry Ball, and
Patricia Conlon, for Change of Zone, COZ24-0008, from the R-1 (Low Density
Residential) Zone District to the A (Agricultural) Zone District. At said hearing the Board
continued the matter to May 7, 2025, to allow for sufficient notice to be published and for
the matter to be heard by the Planning Commission. Karin McDougal, Deputy County
Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, provided the general location, and stated 16 referrals were sent out, and 11
agencies responded. She explained the parcel north of AA Street is split zoned, equally,
between A (Agricultural) and R-1 (Low Density Residential), the parcel south of AA Street
is zoned R-1 (Low Density Residential) and affirmed the Change of Zone (COZ) will
rezone it all to A (Agricultural). There are residences on both the north and south
properties, along with two (2) USRs, USR-995 and MUSR14-0011, both for oil and gas
facilities, which will need to be partially or fully vacated, prior to recording the plat. She
noted Condition of Approval (COA) #1.A (partial or full vacation of USR) needs to be
changed to reflect USR-995, instead of USR-832, and described the surrounding zoning,
land uses, and USRs. She relayed notice was sent to 31 surrounding property owners
(SPOS) and no correspondence was received in return. She stated the site is located
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Hearing Certification (COZ24-0008) - Suzanne Lilly, Gerry Ball, and Patricia Conlon
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within the City of Greeley's Growth Management Area and their Long Range Expected
Growth Area and provided comments from the Greeley Historic Preservation Office
regarding the on -site buildings. She shared, per the Department of Public Health and
Environment, both parcels are served by the North Weld County Water District and have
permitted septic systems. Ms. Aungst 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 Ross, Ms. Aungst indicated she
believed the parcels were zoned R-1 (Low Density Residential) in the 1980s and relayed
the Weld County Code does not specify how long the applicant would have to wait to
rezone the property again.
Mike McRoberts, Development Review, stated access for both parcels is onto
County Road (CR) 66 and 35th Avenue, both of which are paved roads.
Bob Choate, Coan, Payton and Payne, LLC, and applicants, Patricia Conlon and
Suzanne Lilly, in response to Chair Buck, indicated they had not had contact with any of
the Commissioners regarding this case. Ms. Conlon read a prepared statement, which
provided the history of the property and their reasoning for the request. Responding to
Commissioner Maxey, Ms. Conlon asserted the last Change of Zone occurred in 1981,
which was done in error, as their land was accidentally lumped in with a different COZ
request in the area.
Vi No public testimony was offered concerning this matter.
"'" The Board discussed the COAs. Commissioner Maxey referenced in COA #1.A and
COA #1.B and requested the applicant work with staff to accomplish a full vacation,
opposed to a partial vacation, of USR-995 and MUSR14-0011. Commissioner James
suggested they change "shall," to "shall attempt to," in COA #1.C (address the comments
of the Colorado Division of Water Resources), and the Board agreed to all of the
aforementioned changes.
▪ No public testimony was offered regarding changes made to the Conditions of
Approval.
• Ms. Aungst reiterated the change to COA #1.A to reflect USR-995, instead of
USR-832.
`' Commissioner Ross moved to approve the request of Suzanne Lilly, Gerry Ball, and
Patricia Conlon for Change of Zone, COZ24-0008, from the R-1 (Low Density Residential)
Zone District to the A (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval, as
amended. The motion was seconded by Commissioner Maxey, and it carried
2025-1178
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Hearing Certification (COZ24-0008) - Suzanne Lilly, Gerry Ball, and Patricia Conlon
Page 3
unanimously. Mr. Choate confirmed he had obtained the signatures necessary to move
forward with vacating both USRs, in full, and the hearing was completed at 10:22 a.m.
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 21st day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-1178
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