HomeMy WebLinkAbout20260278 EXHIBIT
Before the Weld County, Colorado, Planning Commission
COaaS -001
Resolution of Recommendation to the Board of County Commissioner
Moved by Michael Biwer, 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. COZ25-0012
Applicant. John Scheopner and Teresa Scheopner
Planner Angela Snyder
Request: Change of Zone from the R-1 (Low Density) Zone District to the A (Agricultural)
Zone District.
Legal Description: 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.
Location: One (1) parcel located west of and adjacent to Cherry Avenue; approximately 0.2
miles south of East 20th Street; and two (2) parcels located north of and adjacent
to East 24th Street, southwest of and adjacent to East Highway 34(Business).
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_
Section 22-2-30. - Land Use Goals and Objectives.
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.
Section 22-2-30. A.4 states: "Farming or ranching operations are not considered a nuisance as
long as they employ common or 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.
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 23-2-30.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), R-1 (Low Density Residential), E
(Estate), and C-3 (Business Commercial). All the subject properties are adjacent to at least one 1)
A-zoned property.
The subject properties are all within 700 feet or less from Greeley city limits One 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
Resolution COZ25-0012
John Scheopner and Teresa Scheopner
Page 2
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 of which are for oil and gas production
facilities.The fifth is for a paintball recreation facility.There are two(2)approved site plans, one for
a commercial property and the other defunct on an agricultural property.
On December 2, 2025, the Department of Planning Services sent notice to thirty-one (31)
surrounding property owners within five hundred (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.
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 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 Zone District. The subject properties use
onsite wastewater treatment systems (OWTS) for sewer service, which is allowed in the A Zone
District.
D. 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 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 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. - 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 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 and the A 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 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.
Resolution COZ25-0012
John Scheopner and Teresa Scheopner
Page 3
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.
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 of 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 COZ25-0012. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. All recorded easements and rights-of-way shall be delineated on the plat by book and page number
or reception number. (Department of Planning Services)
D. Remove all structures and fences, unless they are necessary to show a potential boundary conflict.
(Department of Planning Services)
E. 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)
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
location of the road. All setbacks shall be measured from the edge of the right-of-way. This road is
maintained by Weld County. (Development Review)
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. (Development Review)
H. 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 & gas). (Development Review)
I. Delineate and label the existing accesses on East 24th Street located approximately 2,650 and
2,815 feet east of Cherry Avenue. Include in the access labels all applicable access types (i.e.,
agricultural, residential and/or oil & gas). (Development Review)
J. Delineate and label the existing accesses on East 24th Street located approximately 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 & gas). (Development Review)
Resolution COZ25-0012
John Scheopner and Teresa Scheopner
Page 4
K. 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. (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) 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)
4) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
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. (Development Review)
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, concentration
and/or unplanned ponding of stormwater runoff. (Development Review). The historical flow
patterns and runoff amounts will be maintained on the site. (Development Review)
7) Water service may be obtained from the City of Greeley. (Department of Planning Services)
8) Any future structures on site must obtain the appropriate building permits. (Department of
Planning Services)
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 by 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 Conditions 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
Resolution COZ25-0012
John Scheopner and Teresa Scheopner
Page 5
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.
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 Barney Hammond.
VOTE:
For Passage Against Passage Absent
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Cole Ritchey
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 February 3, 2026.
Dated the 3rd of February, 2026
46 :bb `&1. 1YI.
Kristine Ranslem
Secretary
EXHIBIT
Summary of the Weld County Planning Commission Meeting Za5-00
Tuesday, February 3, 2026
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer,
Michael Palizzi, Michael Wailes.
Absent: Virginia Guderjahn.
Also Present: Angela Snyder and Jim Flesher, Department of Planning Services, Mike McRoberts,
Development Review, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number. COZ25-0012
Applicant. John Scheopner and Teresa Scheopner
Planner Angela Snyder
Request: Change of Zone from the R-1 (Low Density) Zone District to the A (Agricultural)
Zone District.
Legal Description: 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
Location. One(1)parcel located west of and adjacent to Cherry Avenue; approximately 0.2
miles south of East 20th Street; and two (2) parcels located north of and adjacent
to East 24th Street, southwest of and adjacent to East Highway 34(Business)
Angela Snyder, Planning Services, presented Case COZ25-0012, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Commissioner Goza said that he is a resident of the area and will be recusing himself from this case.
Mike McRoberts, Development Review, reported on the existing traffic and access to the site.
John Scheopner, 2121 Cherry Avenue, stated that they always thought that they were in the agricultural
zone district as they are surrounded by agricultural uses such as hay production and livestock.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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 COZ25-0012 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 Biwer, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Barney Hammond, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael
Wailes.
Absent: Calven Goza.
Meeting adjourned at 1:59 p.m.
Respectfully submitted,
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Kristine Ranslem
Secretary
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ATTENDANCE RECORD
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