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Home My WebLink About20233435.tiff From: Melissa King To: Chris Gathman Subject: FW: Referral Agency Email Date: Wednesday,September 13,2023 10:18:53 AM Attachments: REFERRAL FORM REVISED.pdf image001.png Chris Just letting you know that the proposed change of zone does not affect PW Referral—thanks Melissa Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1402 N 17th Ave Greeley, CO 80631 (970) 400-3762 LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES From: Kristine Ranslem <kranslem@weld.gov> Sent: Wednesday, September 13, 2023 8:44 AM To: Cynthia Villanueva <cvillanueva@weld.gov>; Melissa King<mking@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Lauren Light<Ilight@weld.gov>; Sam Kaneta III <skaneta@weld.gov>; Bilobran - CDOT, Timothy<timothy.bilobran@state.co.us>; Brucker- DNR, Sarah <sarah.brucker@state.co.us>; Grooms - DNR, Michael <michael.grooms@state.co.us>; denise.kostiv@state.co.us; brenda@townofgilcrest.org; larry@townofgilcrest.org; planning@evanscolorado.gov; godenbaugh@lasalletown.com; sstamey@lasalletown.com; pkutcher@lasalletown.com; bhulsey@lasallefire.com; Joe Jaramillo<jaramillofire@aol.com>;Johan, van Nieuwenhuizen <vanj@wcsdrel.org>; Kathy Naibauer<kathy@cwcwd.com> Cc: Chris Gathman <cgathman@weld.gov>; Kristine Ranslem <kranslem@weld.gov> Subject: FW: Referral Agency Email The applicant has revised their application for COZ23-0004. The applicants are requesting to change the request to rezone the property to I-1 (Light Industrial) vs. 1-3 (Heavy Industrial). Planning Staff requests that you review the new application request in the online permitting center and return the attached Referral form to Chris Gathman by September 27, 2023. Please see link to the online permitting center below. If you have any questions, please contact Chris Gathman at cgathmanPweld.gov or at 970-400- 3537. Thank you! From: noreply@weld.gov<noreply@weld.gov> Sent: Monday, July 31, 2023 9:10 AM To: Kristine Ranslem <kranslem@weld.gov> Subject: Referral Agency Email The Weld County Planning Department has received a Change of Zone application, case#COZ23- 0004, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://accela- aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e-permitting. Then, * Click on "Planning"tab on the menu bar * Under General Search, type case#COZ23-0004, into the Record Number box and search * Click on the "Record Info" arrow drop-down menu * Click on "Attachments"to review the application materials If you have any questions, please contact your assigned planner: Chris Gathman at 970-400-6100 Thank you, Chris Gathman 1402 North 17th Ave Greeley, CO 80631 970-400-6100 cgathman@weld.gov MEMORANDUM TO:Chris Gathman, Planning Services 1861 • FROM: Melissa J King, PE, DRE 1�`1 11 - �' � •-' � DATE: August 2, 2023 1- G U r Y SUBJECT: COZ23-0004 Fritzler The proposal has been reviewed on behalf of the Weld County Department of Public Works and Department of Planning Services. Staff comments made during this phase of the application process may not be all- inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel: 105722100020 Lot C RE-3966. The project proposes to: Change of Zone from the A(Agricultural)to the 1-3 (Heavy Industrial) Zone District. ACCESS: Weld County Development Review has reviewed the application materials related to access. The parcel has a permitted shared,commercial access point onto CR 33—AP15-00429. No other access is requested . Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 44 is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Currently, this portion of County Road 33 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The County has plans to pave this portion of CR 33 by the end of the year. Thus, paved CR 33 will meet the criteria specified in Section 23-2-30.A.4 and Section 23-2-40.B.4. for change of zone in that it will be a paved road. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right-of-Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Pu blic-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: The plat shall be amended to delineate the following: 1. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) as an arterial road,which requires 1400 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Development Review) 2. County Road 33 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right- of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Development Review) 3. Show and label the existing permitted access point onto CR 33 and the usage type (Commercial). (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. 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) 2. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Development Review) 3. The historical flow patterns and runoff amounts will be maintained on the site. (Development Review) 386 SC' WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT I "!c-o j N Y 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: August 14, 2023 Re: COZ23-0004 Applicant: Fritzler Real Estate, LLC Environmental Health Services has reviewed this proposal for a Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District. The parcel is served by a commercial well (314258) and a commercial on-site wastewater treatment system permitted for 5 people (SP-1900239). We recommend the following appear as notes on the plat: 1. Water service may be obtained from an appropriately permitted well. 2. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by an on-site wastewater treatment system designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Planning &Response Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 Public Health Submit by Email Li- "t--642.]_,,. *4%. Weld County Referral L i July 31, 2023 The Weld County Department of Planning Services has received the following item for review: Applicant: Fritzler Real Estate, LLC Case Number: COZ23-0004 Please Reply By:August 28, 2023 Planner:Chris Gathman Project:Change of Zone from the A(Agricultural)Zone District to the 1-3 (Heavy Industrial)Zone District. Parcel Number: 105722100020-R4326906 Legal: LOT C CORR REC EXEMPT CORR RE-3966; PART N2 SECTION 22,T4N, R66W of the 6th P.M.,Weld County, Colorado. Location: South of and adjacent to County Road 44 and west of and adjacent to County Road 33. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: o� We have reviewed the request and find no conflicts with our interests. See attached letter. Signature 'JL Date all/ as..., zing Agency `cp .0, L ►,,.,e• Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Aug.25, 2023 To Weld County Department of Planning Services. In reference to Case#CO223-0004. I have a problem with the rain and snow runoff from this parcel of Mr. Fritzler's. The runoff will go into Western Mutual Ditch and, depending on the amount, would be very detrimental to the ditch of which I and other stockholders would be liable for any damages to the ditch structure. There needs to be a holding pond with a gate to control water going into the Western Ditch. We had asked for a pond to be built for the building on the same property but it was not and we must have a pond this time. I also think you need some traffic control coming onto County Road 33. Thank You, VtveviAek rie-1042"4 (}4\ - Frank Eckhardt,Jr.. Cr% COLORADO Division of Water Resources Department of Natural Resources October 3, 2023 Chris Gathman, Planner III Weld County Department of Planning Services Transmission via email: cgathman@weld.gov Re: Case Number: COZ23-0004 (2nd Referral), Applicant: Fritzler Real Estate Part of the NE 1/4 NE 1/4 of Sec. 22, Twp. 4N, Rng. 66W, 6th P.M., Weld County Water Division 1, Water District 2 Dear Chris Gathman: We have received the September 13, 2023 referral resubmittal regarding the above-referenced change in zone permit application to allow future industrial uses by Fritzler Real Estate on 3.52 acres at 20921 County Road 33, known as Lot C of Corrected Recorded Exemption CORR RE-3966. This 2nd referral has amended the proposed zoning change in the application to I-1 (Light Industrial). We have previously provided comments to this project in our letter dated August 24, 2023. This comment letter supersedes the August 24, 2023 letter. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. Proposed water uses and water demands were not provided. The parcel appears to be located inside the Central Weld County Water District. According to the referral, the proposed water source is an existing well permit no. 314258. Well permit no. 314258 was issued on July 23, 2019 pursuant to section 37-92-602(3)(b)(I) and the policy of the State Engineer dated April 9, 1985 for appropriation of ground water tributary to the South Platte River System. Allowable uses are limited to drinking and sanitary facilities as described in CRS 37-92-602(I)(c), for a commercial business. The allowed average annual amount of ground water to be withdrawn by well permit no. 314258 shall not exceed 1/3 acre-foot. In addition, the pumping rate for well permit no. 314258 shall not exceed 15 gallons per minute (GPM). Based on the information provided in this referral resubmittal, the response outlined in the letter from our office dated August 24, 2023 remains unchanged. co 4, 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director * , COZ23-0004 (2nd Referral) Fritzler Real Estate, Weld County October 3, 2023 So long as the terms and conditions of well permit no. 314258 are complied with, we have no comments on the proposed change in zone permit application. Please contact Mike Matz at 303-866-3581 x8241 or at Michael.Matz@state.co.us with questions. Sincerely, 4alitaiel64 loana Comaniciu, P.E. Water Resources Engineer Ec: Referral no. 30923 Applicant's Authorized Agent (madison.1urewicz@kimly-horn.corn) Water well permit no. 314258 file Hello