HomeMy WebLinkAbout20260279 LAND USE APPLICATION
SUMMARY SHEET
COUNTY,CO
Planner: Angela Snyder Hearing Date: February 3, 2026
Case Number: COZ25-0012
Applicants: Teresa Scheopner
2101 East 24th Street, Greeley, CO, 80631
John Scheopner
2121 Cherry Ave, Greeley, CO 80631
Request: Change of Zone from the R-1 (Low-Density Residential) Zone District to the A
(Agricultural)Zone District
Legal Lots A and B of RE-4592, being a part of the Northeast Quarter of Section 15,
Descriptions: Township 5 North, Range 65 West of the 6th P.M., Weld County Colorado
Part of the South Half of the Southeast Quarter of the Northeast Quarter of the
Northeast Quarter of Union Colony Subdivision, Section 16, Township 5 North,
Range 65 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Cherry Avenue; approximately 300 feet south of East 18th
Street.
Acres: +/-33.49 acres Parcel #s: 0961-15-1-00-001
0961-15-1-00-002
0961-16-1-00-005
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 Planning Services- Development Review, referral dated December 29, 2025
➢ Weld County Planning Services - Floodplain, referral dated December 29, 2025
➢ City of Greeley, referral dated December 30, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Colorado Department of Transportation, referral dated December 2, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ City of Greeley Water
➢ Weld County Sheriff's Office
➢ City of Greeley Fire Department
➢ West Greeley Conservation District
➢ Colorado Division of Water Resources
➢ Weld County Oil and Gas Energy Department
➢ Weld County Planning Services- Code Compliance
COZ25-0012 I Scheopner
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Case Summary:
The property owners have requested rezoning their East Greeley properties from the R-1 (Low Density
Residential)Zone District to the A(Agricultural)Zone District. Potential uses for A-zoned properties can be
found in Section 23-3-10 of the Weld County Code. The current agricultural use of the subject properties is
not allowed in the R-1 Zone District. The property owners plan to keep their properties as primary
residences, to have farm animals, and to partake in agricultural activities.
THE DEPARTMENT OF PLANNING AND DEVELOPMENT 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.
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 appear 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 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
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(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.
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
COZ25-0012 I Scheopner
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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 Department of Planning Services' 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 an 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)
K. The following notes shall be delineated on the Change of Zone plat:
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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
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.
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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.
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DEPARTMENT OF PLANNING
SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
COUNTY, CO Email: asnyder@weldgov.com
Phone: (970) 400-3557
January 13, 2026 Fax: (970) 304-6498
SCHEOPNER TERESA L
2101 E 24TH ST
GREELEY, CO 80631
Subject: COZ25-0012 - Change of Zone from the R-1 (Low Density Residential)to the A
(Agricultural)Zone District
On parcel(s) of land described as:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 3, 2026 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 18,
2026 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 0 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
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