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LAND USE APPLICATION
SUMMARY SHEET
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Planner: Chris Gathman Hearing Date: November 7, 2023
Case Number: COZ23-0004
Applicant: Fritzler Real Estate LLC—Glen Fritzler
Representative: Kimley-Horn and Associates c/o Madison Jurewicz
Request: Change of Zone fromtheA (Agricultural) Zone District to the I-1 (Light Industrial)
Zone District
Legal Lot C Corrected Recorded Exemption RE-3966; located in Part of the N of
Description: Section 22, T4N, R66W of the 6th PM, Weld County, Colorado
Location: North of and adjacent to County Road 2 and west of and adjacent to County Road
19.
Acres: +/- 3.52 acres Parcel #. 1057-22-1-00-020
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Planning Services —Development Review, referral dated August 2, 2023
& September 13, 2023
➢ Weld County Department of Public Health and Environment, referral dated August 14, 2023
➢ State of Colorado, Division of Water Resources, referral dated October 3, 2022
➢ Western Mutual Ditch, referral dated August 25, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Department of Planning Services —Code Compliance, referral dated September 14, 2023
➢ Weld County Sheriff's Office, referral dated September 13, 2023
➢ City of Evans, referral dated September 13, 2023
➢ Central Weld County Water District, referral dated September 25, 2023
➢ Town of LaSalle, referral dated September 21, 2023
➢ Colorado Parks and Wildlife, referral dated September 13, 2023
➢ School District RE-1, referral dated September 13, 2023
The Department of Planning Services'staff has not received referral responses from the following agencies:
➢ Colorado Department of Transportation
➢ Town of Gilcrest
➢ LaSalle Fire Protection District
COZ23-0004
Page 1 of 6
Narrative:
The property owner has requested a Change of Zone on a property zoned A (Agricultural) to I-1 (Light
Industrial). As the property is not currently being used for industrial use, any new business will require a
Site Plan Review (SPR), a Use by Special Review Permit (USR) or a Zoning Permit for any development
activity. There is an existing structural steel commercial building on a concrete slab permitted in 2019
(CMN19-0070) for drying hemp and storage. Two more ag-exempt fabric storage buildings (for hemp
storage) were permitted on the property in 2020 (AGC20-0004 & AGC20-0005). The parcel is currently
served by a commercial well (314258) for drinking and sanitary facilities and a commercial on-site
wastewater treatment system permitted for five (5) people (SP-1900239).
THE DEPARTMENT OF PLANNING 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 VVeld 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 VVeld 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 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.
COZ23-0004
Page 2 of 6
The proposed zoning (I-1) is the lowest intensity Industrial Zoning classification. The Intent of the
I-1 Industrial Zone District states in part:
"The purpose of the I-1 Zone District is to provide a zone to accommodate light industrial and
compatible commercial uses that create minimal negative impacts and are conducted primarily
in enclosed buildings. I-1 District properties are accessible to the public, consumer-oriented, 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 forthis 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. Section23-2-30.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 VVeld County Water District, in their referral dated September 25, 2023, stated that
they had no conflicts with their interests.
D. Section 23-2-30.A.4. -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 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.
COZ23-0004
Page 3 of 6
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, 1-25 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 present
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 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.
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 District to 1-1(Light Industrial) Zone District is conditional
upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the VVeld County Department of Planning Services with a Statement of
Taxes from the VVeld County Treasurer showing no delinquent taxes exist forthe 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 under AGC20-0004 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:
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)
COZ23-0004
Page 4 of 6
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 VVeld 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 VVeld 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 VVeld 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 OVVTS 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 orcapability of the component
to function as designed. (Environmental Health)
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)
COZ23-0004
Page 5 of 6
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 under AGC20-0004 and AGC20-0005 prior 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 fo r 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 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.
COZ23-0004
Page 6 of 6
DEPARTMENT OF PLANNING SERVICES
ti B 1402 North 17th Ave
Greeley, CO 80631
Website:www.weld.gov
. j N -Y Email: cgathman@weld.gov
Phone: (970)400-3537
Fax: (970) 304-6498
September 27, 2023
JUREWICZ MADISON
380 INTERLOCKEN CRESCENT, SUITE 100
BROOMFIELD, CO 80021
Subject: COZ23-0004 - Change of Zone from the A (Agricultural) Zone District to the I-1 (Light
Industrial) Zone District.
On parcel(s) of land described as:
LOT C CORR REC EXEMPT CORR RE-3966; PART N2 SECTION 22, T4N, R66W of the 6th P.M.,Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 7, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 6,
2023 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Chris Gathman
Planner
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