HomeMy WebLinkAbout20260277 Resolution
Grant Change of Zone, COZ25-0012, from the R-1 (Low Density Residential) to the
A (Agricultural) Zone District—John Scheopner and Teresa Scheopner
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 18th day of February, 2026, at the hour of •
10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
John Scheopner, 2121 Cherry Avenue, Greeley, Colorado 80631, and
Teresa Scheopner, 2101 East 24th Street, Greeley, Colorado 80631, requesting a
Change of Zone, COZ25-0012, from the R-1 (Low Density Residential) to the
A (Agricultural) Zone District for a parcel of land located on the following described real
estate, to-wit:
Part of the S1/2 SE1/4 NE1/4 NE1/4, being part of Section 16; and
Lots A and B of Recorded Exemption, RE-4591, being part of the NE1/4 of
Section 15, all in Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
Whereas, at said hearing, the applicants were present, 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.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." This Change of Zone
protects the property owner's intent to continue agricultural use of
the property.
2) Section 22-2-30.A.4 states: "Farming or ranching operations are not
considered a nuisance as long as they employ common or
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Carly Koppes, Clerk and Recorder, Weld County , CO A PPL.
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Change of Zone, COZ25-0012 — John Scheopner and Teresa Scheopner
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reasonable agricultural practices." The agricultural use of these
properties does not appear to create any nuisance and appears to •
be employing common and reasonable agricultural practices.
3) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing uses
must be able to mitigate conflicts." The properties sit between
residential uses, agricultural uses, and the South Platte floodplain.
The small farms provide a buffer between the intensity of the urban
residential uses and the agrarian uses to the east.
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), R-1 (Low Density Residential), E (Estate), and
C-3 (Business Commercial). All the subject properties are adjacent to at
least one (1) A (Agricultural)-zoned property. The subject properties are all
within 700 feet or less from Greeley city limits and one (1) property abuts
the city limit line. The City of Greeley, in its December 30, 2025, referral
response, stated, "The proposed zoning change to Agricultural from
Residential R-1 does not align with our Long Range Expected Growth Area.
These sites are expected to be Suburban Neighborhoods according to our
Imagine Greeley Comprehensive Plan Land Use Guidance Map. The
current Residential R-1 zoning aligns better with our Comprehensive Plan."
The current R-1 zoning includes single-family detached homes and
low-density attached housing types. The residential uses allowed in the
proposed A (Agricultural) Zone District also align with the recommended
housing types. However, the City's concern regards the potential
nonresidential uses allowed in the A (Agricultural) Zone District. Most
commercial and industrial uses allowed in the A (Agricultural) Zone District
require proof of compatibility with the surrounding land uses, prior to
approval.
There are five (5) USRs within one (1) mile of the site, four (4) of which are
for oil and gas production facilities and the fifth is for a paintball recreation
facility. There are two (2) approved site plans, one (1) for a commercial
property and the other is defunct on an agricultural property. On
December 2, 2025, the Department of Planning Services sent notice to 31
surrounding property owners (SPOs) within 500 feet of the subject parcel
and received no correspondence. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any future
Use by Special Review or zoning permit will adequately address and
mitigate potential impacts.
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Change of Zone, COZ25-0012 — John Scheopner and Teresa Scheopner
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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 properties are currently served by either a water tap from the
City of Greeley or a domestic use water well, either of which is acceptable
in the A (Agricultural) Zone District. The subject properties use On-site
Wastewater Treatment Systems (OWTS) for sewer service, which is
allowed in the A (Agricultural) Zone District.
D. 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 23-2-30.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 properties are all located
within the A-P (Airport) Overlay District and the Historic Townsites
Overlay District (Union Colony Subdivision of Lands). Any
development of the sites will be required to comply with applicable
requirements in Chapter 23, Article V, of the Weld County Code and
future development applications will be sent to the airport for review.
One (1) property is partially within a Special Flood Hazard Area. Any
development within the floodplain will have to comply with the Weld
County Floodplain Ordinance. The properties are not located within
the 1-25 Overlay District, Geologic Hazard Overlay District, or
Agricultural Heritage Overlay District.
2) Section 23-2-30.A.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 from
R-1 (Low Density Residential) Zone District to A (Agricultural) Zone
District will not permit uses of the sites in a manner that would
interfere with the present or future extraction of any known
commercial mineral deposit to a greater extent than under the current
zoning. Both the R-1 (Low Density Residential) and the
A (Agricultural) Zone Districts require a Use by Special Review
Permit for mineral extraction activities. Therefore, any future
extraction would be subject to the same permitting process under
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Change of Zone, COZ25-0012 — John Scheopner and Teresa Scheopner
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either zoning designation. There is no indication that the properties
lie within an area designated for commercial mineral deposits, and
no extraction activity is currently occurring.
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. Much of the area within the proposed
rezoning is considered to be "Farmland of Statewide Importance."
The soils in this same portion are also considered "very limited" for
the construction of small commercial buildings and dwellings with or
without basements. These factors support the rezoning request.
Should future development in this area involve permanent structures,
additional geotechnical analysis and engineering design will be
completed to ensure proper foundation systems are used.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of John Scheopner and Teresa Scheopner for a Change of
Zone, COZ25-0012, from the R-1 (Low Density Residential) to the A (Agricultural) Zone
District on the above referenced parcel of land, be, and hereby is, granted, subject to the
following conditions:
1. The Change of Zone plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ25-0012.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. All recorded easements and rights-of-way shall be delineated on the plat by
book and page number or Reception number.
D. Remove all structures and fences, unless they are necessary to show a
potential boundary conflict.
E. 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.
F. Cherry Avenue is a paved road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label the
existing right-of-way (along with its creating documents) and the physical
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Change of Zone, COZ25-0012 — John Scheopner and Teresa Scheopner
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location of the road. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
G. East 24th Street is a paved road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label the •
existing right-of-way (along with its creating documents) and the physical
location of the road. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
H. The applicant shall delineate and label the existing access on Cherry
Avenue located approximately 1,045 feet south of East 20th Street. Include
in the access label all applicable access types (i.e., agricultural, residential
and/or oil and gas).
The applicant shall delineate and label the existing accesses on East 24th
Street located approximately 2,650, 2,815, 3,275 and 3,495 feet east of
Cherry Avenue. Include in the access labels all applicable access types
(i.e., agricultural, residential and/or oil and gas).
J. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ25-0012, allows for A (Agricultural) Zone
District uses, which shall comply with the requirements set forth in
Chapter 23, Article III, Division 1 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) 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.
4) Access on the site shall be maintained to mitigate any impacts to the
public road, including damages and/or off-site tracking.
5) There shall be no parking or staging of vehicles on public roads, or
within public rights-of-way. On-site parking shall be utilized.
6) The historical flow patterns and runoff amounts will be maintained on
the site in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions,
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Carly Koppes, Clerk and Recorder, Weld County , CO PL2992
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Change of Zone, COZ25-0012 — John Scheopner and Teresa Scheopner
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concentration and/or unplanned ponding of stormwater runoff. The
historical flow patterns and runoff amounts will be maintained on the
site.
7) Water service may be obtained from the City of Greeley.
8) Any future structures onsite must obtain the appropriate Building
Permits.
9) 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-1543F and 1544F, dated
November 30, 2023 (South Platte River 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.
10) 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.
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
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Change of Zone, COZ25-0012 — John Scheopner and Teresa Scheopner
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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.
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 18th day of February, A.D., 2026:
Scott K. James, Chair: Aye ®,,.••��
Jason S. Maxey, Pro-Tern: Aye f
Perry L. Buck: Aye IN
Lynette Peppier: Excused 1 '16= .�
Kevin D. Ross: Aye '� i' •
t•CO3
Approved as to Form: •®U�./
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder,
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