HomeMy WebLinkAbout20233430.tiff EXHIBIT
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Before the Weld County , Colorado , Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michal Palizzi , 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: COZ23-0004
Applicant: Fritzler Real Estate , LLC
Planner: Chris Gathman
Request : Change of Zone from the A (Agricultural ) Zone District to the I - 1 ( Light Industrial )
Zone District .
Legal Description : Lot C Corrected Recorded Exemption RE-3966 , being part of the N1 /2 of Section
22 , Township 4 North , Range 66 West of the 6th P . M . , Weld County . Colorado .
Location : South of and adjacent to County Road 44 ; west of and adjacent to County Road 33 .
be recommenced 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 of the Weld County .
Sec. 22-2-30. - Land Use Goals and Objectives.
C. Harmonize development with surrounding land uses.
1 . Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
Future industrial uses will have to be approved through a Site Plan Review ( SPR ) , a
Use by Special Review Permit ( USR) . or a Zoning Permit . Future uses are subject to the
bulk standards of the I - 1 ( Light Industrial ) Zone District . Additionally , uses in the I - 1 Zone
District that require use outside of an enclosed building shall be screened shall be
screened from adjacent public rights- of-way and adjacent lots in any zone district other
than 1 - 3 Industrial .
Sec. 22-2-40. - Economic Development Goals and Objectives.
A . Support compatible economic development opportunities.
1 . Identify target areas where the County is able to encourage shovel-ready commercial
and industrial development.
The property is located within a Weld County Opportunity Zone as currently defined in
Chapter 22 of the Weld County Code . The property borders County Road 44 ( an
arterial road ) on the north and is close to ( approximately 700 feet to the west) US
Highway 85 . Commercial and Industrial Zoning are preferred in Opportunity Zone
locations . There are existing commercial and industrial uses in the vicinity of this property
and the property is near to a Highway ( Highway 34 ) and is adjacent to an arterial road
( County Road 44 ) .
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 site is close to existing commercial and industrial uses permitted under amended Use by
Special Review Permits or permitted under a Site Plan Review . MUSR15-0016 ( Fairgrounds ,
brewery) is located to the west , MUSR13- 0019 ( auto repair & automobile sales) is located
approximately 450-feet to the east and SPR14-0008 ( automobile repair) is located
approximately 375 to the northeast . The Weld County Industrial Park ( subdivision with 1 - 3
Resolution COZ23-0004
Fntzler Real Estate,LLC
Page 2
industrial uses) is located on the east side of US Highway 85 There are single family
residences and outbuildings located to the east(across County Road 33)and to the northeast
The proposed zoning(1-1)is the lowest intensity Industrial Zoning classification The Intent of
the 1-1 Industrial Zone District states in part
"The purpose of the 1-1 Zone Distnct is to provide a zone to accommodate light industnal and
compatible commercial uses that create minimal negative impacts and am conducted
pnmanly in enclosed buildings 1-1 District properties are accessible to the public,consumer-
onented,less resource-intensive than heavy industry,have minimal environmental impacts,
and may be located near residential areas if designed properly"
The property is in an area identified as"Regional Commercial"on the Framework Plan Map
that is part of the Town of Gilcrest 2017 Comprehensive Plan Update The Town of Gilcrest
did not return a referral response
The property is located to the south(outside)of the City of Evans Future Land Use
map The property is located outside of the Town of LaSalle Growth boundary
This property is located within the boundaries of the City of Evans and Town of
Gilcrest
Cooperative Planning Agreement boundaries Both the City of Evans and Town of Gilcrest
stated that they were not interested in pursuing annexation in their notice of inquiry
responses both dated July 24,2023
Evans,Gilcrest and LaSalle were provided referrals for this case The City of Evans and
Town of LaSalle both responded no conflicts with their interests in their referral responses
dated September 13,2023,and September 21,2023,respectively
No referral response has been received from the Town of LaSalle
Any future commercial/industrial uses will have to be approved through a Site Plan Review,
Use by Special Review,or a Zoning Permit process Site Plan Review and Use by Special Review
applications are sent to referral agencies and,with the Use by Special Review and Zoning Permit
processes,also sent to the surrounding property owners for comment The Conditions of
Approval and Development Standards applied to both this Change of Zone and any future
Site Plan Review,Use by Special Review,or Zoning Permits 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 site has an existing commercial well(permit#314258) and a septic system(SP-
1900239)The Central Weld County Water District,in their referral dated September 25,
2023,stated that they had no conflicts with their interests
D Section 23-2-30 A4 -Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts
The property borders County Road 44(a paved arterial road)and County Road 33 is currently
identified as a gravel local road County Road 33 has since been paved in this location This will
satisfy the minimum road standard requirements delineated in Section 23-2-30 4 of the Weld
County Code and an improvements agreement will not be required for this change of zone
E 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 D►stnct
Resolution COZ23-0004
Ritzier Real Estate,LLC
Page 3
identified by maps officially adopted by the County,that the applicant has demonstrated
compliance with the County regulations concerning Overlay Dtstncts Compliance may be
demonstrated to a previous public hearing or in the heanng concerning the rezoning
application
The site is not located within any Overlay District The site is not located within the(A-P)
Airport Overlay District,Special Flood Hazard Area,Geologic Hazard Overlay District,I-25
Overlay District,Historic Townsites Overlay District,Agricultural Heritage Overlay District,or
(MS4)Multiple Separate Storm Sewer System area
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 pmsent or future extraction of such deposit by an extractor to any greater extent than
under the present zoning of the property
The size of the parcel is only 3 5 acres and is covered by existing buildings and structures
Section 23-2-30 A 5 c-If soil conditions on the site am such that they pmsent moderate or
severe limitations to the construction of structures or facihhes proposed for the site,that such
hmitabons can be overcome and that the limitations will be addressed by the applicant
and/or the apphcant's successors or assigns prior to the development of the property
The site is covered by existing permitted buildings and structures
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 Change of Zone from the A(Agricultural)Zone Distract to 1-1(Light Industrial)Zone District is
conditional upon the following
1 Prior to recording the plat
A The applicant shall provide the Weld County Department of Planning Services with a Statement of
Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel
(Department of Planning Services)
B The applicant shall acknowledge the comments of the Western Mutual Ditch Company(Frank
Eckhardt)as stated in their response dated August 25,2023 Written evidence of such shall be
provided to the Department of Planning Services (Western Mutual Ditch)
C There are 2(two)structures(50 x 100 Pre-Fab AG-Exempt Storage Tent on dirt-to be used as
storage for bio-mass hemp)permitted underAGC20-0004 and AGC20-0005 on the property The
applicant shall provide one(1)of the following
1) Submit complete non-conforming structure application for these structure(s)to the
Department of Planning Services
2) Provide evidence to the Department of Planning Services that these
structures have been appropriately dismantled/removed from the property
D A 9,600 structural steel commercial storage building on slab(hemp drying and storage)has been
permitted and constructed on this property under permit#CMN19-0070 The applicant shall
submit a complete non-conforming use of a structure application to the Department of
Planning Services for this building
E The plat shall be amended to delineate the following
Resolution COZ23-0004
Ritzier Real Estate,LLC
Page 4
1 All pages of the plat shall be labeled COZ23-0004 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 C and D of the Weld County Code(Department
of Planning Services)
3 All recorded easements shall be shown and dimensioned on the Change of Zone plat
(Department of Planning Services)
4 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)
5 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 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)
6 Show and label the existing permitted access point onto CR 33 and the usage type
(Commercial)(Development Review)
2 The following notes shall be delineated on the Change of Zone plat
A The Change of Zone allows for I-1(Light Industrial)uses which shall comply with the I-1(Light
Industrial)Zone District requirements as set forth in Article III Division 5 of the Weld County Code
(Department of Planning Services)
B 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)
C Any future uses on site must obtain approval through a Site Plan Review or Use by Special
Review(Department of Planning Services)
D Any future structures on site must obtain the appropriate building permits(Department of Planning
Services)
E Water service may be obtained from an appropriately permitted well (Environmental Health)
F 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(Environmental Health)
G 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 sod or to structural loading detrimental to the structural integrity or capability of
the component to function as designed (Environmental Health)
Resolution COZ23-0004
Ritzier Real Estate,LLC
Page 5
H 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)
I Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking(Development Review)
J The historical flow patterns and runoff amounts will be maintained on the site(Development
Review)
K A 9,600 Structural Steel Commercial Building for drying hemp and storage was permitted under
CMN19-0070 prior to this change of zone The use of this building is subject to the
Nonconforming use of structures regulations delineated in Chapter 23 of the Weld County
Code
L There are 2(two)structures(50 x 100 Pre-Fab AG-Exempt Storage Tent on dirt-to be used as
storage for biomass hemp)permitted underAGC20-0004 and AGC20-0005 poor to this change of
zone These structures are subject to the Nonconforming structures regulations delineated in
Chapter 23 of the Weld County Code
M Necessary personnel from the Weld County Departments of Planning Services,Public Works,and
Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County
regulations(Department of Planning Services)
N RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources,including,but not limited to,sand and gravel,oil,natural gas,
and coal Under title 34 of the Colorado Revised Statutes,minerals are vital resources because(a)
the state's commercial mineral deposits are essential to the state's economy,(b)the populous
counties of the state face a critical shortage of such deposits,and(c)such deposits should be
extracted according to a rational plan,calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development Often times,
mineral resource sites are fixed to their geographical and geophysical locations Moreover,these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource
3 Upon completion of Conditions of Approval 1 and 2 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
4 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
Resolution COZ23-0004
Fntzler Real Estate,LLC
Page 6
Board may,after a public hearing,revoke the COZ
5 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
6 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
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
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 November 7,2023
Dated the 7.of November,2023
45V.:6611 Alideikt,
Knstine Ranslem
Secretary
EXHIBIT
A
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Summary of the Weld County Planning Commission Meeting
Tuesday , November 7 , 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair
Elijah Hatch , at 1 : 30 p . m .
Roll Call .
Present : Elijah Hatch , Michael Wailes . Pamela Edens . Michael Palizzi , Shana Morgan , Barney
Hammond .
Absent : Skip Holland , Butch White , Virginia Guderjahn .
Also Present : Kim Ogle , Diana Aungst , Maxwell Nader. and Tom Parko , Department of Planning Services ,
Lauren Light . Department of Health , Karin McDougal and Bruce Barker, County Attorney , and Kris
Ranslem . Secretary .
Case Number: COZ23-0004
Applicant: Fritzler Real Estate , LLC
Planner: Chris Gathman
Request: Change of Zone from the A (Agricultural ) Zone District to the I - 1 ( Light Industrial )
Zone District .
Legal Description : Lot C Corrected Recorded Exemption RE-3966 , being part of the N1 /2 of Section
22 , Township 4 North , Range 66 West of the 6th P . M . , Weld County , Colorado .
Location : South of and adjacent to County Road 44 , west of and adjacent to County Road
33 .
Max Nader, Planning Services , presented Case COZ23-0004 , reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application along with
conditions of approval .
Commissioner Hatch referred to County Road 44 and the Highway 85 interchange and asked how this
affects the property . Melissa King , Development Review , stated that the access point is south of the project
and it' s a shared access road onto County Road 33 . At the time of the application it was not paved but the
County has paved it subsequently so the traffic will go up to Highway 85 and it should not affect Highway
85 . She added that they have contacted CDOT and they do not have any concerns .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements .
Madison Jurewicz , 380 Interlocken Crescent , Broomfield , Colorado , stated that the lot is currently zoned
agricultural and they are requesting to change it to I - 1 Light Industrial . They feel this is appropriate because
it is located in the opportunity zone and added that there are commercial and industrial uses surrounding
this site .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Frank Eckhardt , 21454 CR 33 , LaSalle , Colorado , stated that four (4 ) years ago when the hemp was
approved for this property , he was on the Western Mutual Ditch Company Board and adced that they had
an agreement to have a pond because all the water goes into their ditch and when it rains there is a problem
downstream . He added that they have had to fix the banks a couple of times because they can 't get it
stopped . Mr. Eckhardt asked what the land will be used for and will it have gravel or other sources to keep
the water from going off the property so fast .
The Chair explained that this application is to change the zone of the property to I - 1 Light Industrial so at
this time we don 't know what the future use of the property will be . The applicant will need to submit an
application for a Site Plan Review that will be for the specific use of the property and added that the applicant
will need to meet certain criteria before the County will approve that Site Plan Review with their project . Mr.
1
Nader added that there is a condition of approval included in the Resolution that the applicant will need to
work with the Western Mutual Ditch Company
William Walters,16046 CR 44,LaSalle Colorado,expressed concern that since County Road 33 is paved
that there will be more heavy traffic
Ms Jurewicz stated that the use of the property has not been identified yet but as noted they would have
to go through a Site Plan Review process which would identify any storm water requirements,fencing,
noise analysis,and any traffic concerns
Trevor Fritzler 1495 South Sunfield Drive, Milliken,Colorado,stated that they plan to live close to this
property and added that they do not intend to put anything on site that would hinder their quality of life He
said they want to be good neighbors Mr Fritzler said that they have also been shareholders of the Western
Mutual Ditch Company and they do not want to damage the ditch that they draw water from for their fields
so they are cognizant of the water flows
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ23-0004 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval,Moved by Michael Palizzi,
Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote(summary Yes=6)
Yes Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan
Meeting adjourned at 6 01 p m
Respectfully submitted,
Kristine Ranslem
Secretary
2
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