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HomeMy WebLinkAbout20242392.tiffCHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation? No / Yes Violation Case Number: Site Address: _ 1660 and 1760 CR 29, Brighton, Colorado 80603 Parcel Numbers: 1 4 7 1- 2 9- 2- 0 0- 1 1 5 1 4 7 1 2 9 2 0 0 1 1 6 Legal Description: Section: 29 ,Township 1 N, Range 66 W # of Lots: 2 Total Acreage: 13 Floodplain: gi No / Yes Geological Hazard: No / Yes Airport Overlay: a No I Yes REZONING Existing Zone District(s): A _ Proposed Zone District: 1-2 PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Cataract Capital LLC (62%) & Talons Capital LLC (38%) Company: Phone #: (720) 370-8001 Street Address: P.O. Box 19039 City/State/Zip Code: Email: blair@bespokeholdingsco.com Golden, CO 80402 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name: Bob Choate Company: Coan, Payton & Payne, LLC Phone #: (970) 225-6700 Email: b hoate opTlaw.00m _ Street Address: 1711 61st Ave., Suite 100 City/State/Zip Code: Greeley, CO 80634 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. 01/23/24 cAr..(71c, ((-z- 2iff - y f Signature Blair Eklund, Manager Date Signature Bob Choate Print Print Cataract Capital LLC Coan, Payton & Payne, LLC Date 07/22 7 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM Cataract Capital LLC / Talons Capital LLC Bob Choate We), , give permission to (Owner — please print) (Authorized Agent/Applicant—please print) to pply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 1 * 60 and 1760 County Road 27, Brighton L =gal Description: Lot B F E33 Part W1/2of Section 29 , Township 1 N, Range 66 S bdivision Name: N/A Lot Block Pr• perty Owners Information: • dress: P.O. Box 19039, Golden, Co 80402 A P one: (720) 370-8001 E-mail: Blair@bespokeholdingsco.com A thorized Agent/Applicant Contact Information: A dress: 1711 61st Ave., Suite 100, Greeley, CO 80634 P one: (970) 225-6700 E -Mail: bchoate@cp2law.ccr C rrespondence to be sent to: Owner Ea. Authorized Agent/Applicant by: Mail Email A ' ditional Info: I ( e) hereby certify, under penalty of perjury and after carefully reading the entire contents of this d • cument, that the information stated above is true and correct to the best y (our) knowledge. ft cc thisiner Signature BIit Eklund, Manager taract Capital, LLC Si bscribed and sworn to before e this M _DatP 6-512-1 Owner Signature Blair Eklund, Manager Talons C ital 2, LLC day of JflLAOY commission expires M0111 C1\ � en 12025. tkodisaise s aaa a_a et- JULIEANNA NOSAL NOTARY PUBLIC - STATE OF COLORADO M NOTARY ID 20214012188 MY COMMISSION EXPIRES MAR 26, 2025 A Notary Public Date 1/ 20 �� by N 000 I, (We), Blair Eklund (Owner -- please print) Departments of Planning Building, Development Review and Environmental Health 1402 North 17TH Avenue P.O. Box 758 Greeley, CO 80632 Authorization Form give permission to Tom Parko w/ Spruance Consulting LLC (Authorized Agent/Applicant-please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Parcel Nos. 147123200115 & 141712920016 Lot B of RE -3360 and a parcel lying to the west of UP RR, NW 1/4 Legal Description: of Section Subdivision Name: N/A 29 , Township 01 Property Owners Information: Address: Phone: PG Box 19039 Golden, Colorado 80402 N, Range 66 W Lot N/A Block N/A 720-438-8870 E-mail: blair@bespokeholdingsco.com Authorized Agent/Applicant Contact Information: Address: 1067 S. Hover Street Longmont, Unit E No. 646, Colorado 80501 Phone: 970-312-7050 E -Mail: tom@spruanceconsulting.com Correspondence to be sent to: Owner V Authorized Agent/Applicant V by: Mail Email Additional Info: Spruance Consulting LLC is representing the owner at the Plannning Commission Hearing on September 2, 2024 I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the informs n stated above is true and correct to the best of my (our) knowledge. 72garm 2) Owner Signature Date CM /63/2-4 Date Owner Signature Subscribed and sworn to before me this 3 day of Stpt-trribr , 20 2.'4 by bait EKitAnd . My commission expires p\cv 26, 2.075 5 I JUL IEANNA NOSAL ,I 4 NOTARY PUU[ IC - STATE OF COLORADO I NOTARY ID 20214012188 MY COMMISSION EXPIRES MAR 26, 2025 NM Colorado Secretary of State Colorado Secretary of State ID#: 20241036326 Document #: 20241036326 Filed on: 01/09/2024 01:27:16 PM Paid: $50.00 Articles of Organization for a Limited Liability Company filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) The domestic entity name of the limited liability company is Talons Capital 2, LLC The principal office street address is 14142 Denver West Pk Lakewood CO 80401 US The principal office mailing address is PO Box 19039 Golden CO 80402 US Ste 101 The name of the registered agent is Bespoke Holdings Company The registered agent's street address is 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US The registered agent's mailing address is PO Box 19039 Golden CO 80402 US The person above has agreed to be appointed as the registered agent for this entity. The management of the limited liability company is vested in Managers There is at least one member of the limited liability company. Person(s) forming the limited liability company Bespoke Holdings Company 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US Additional information the person(s) forming this entity determined to include is Member is Belfast Holdings Group LLC The managers will be as follows. Andrew McCabe Scott Rodli Daniel McCabe Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Blair Eklund 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US Colorado Secretary of State Colorado Secretary of State ID#: 20238207035 Document #: 20238207035 Filed on: 11/20/2023 04:36:51 PM Paid: $50.00 Articles of Organization for a Limited Liability Company filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) The domestic entity name of the limited liability company is Cataract Capital, LLC The principal office street address is 14142 Denver West Pk Lakewood CO 80401 US The principal office mailing address is PO Box 19039 Golden CO 80402 US The name of the registered agent is Bespoke Holdings Co Ste 101 The registered agent's street address is 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US The registered agent's mailing address is PO Box 19039 Golden CO 80402 US The person above has agreed to be appointed as the registered agent for this entity. The management of the limited liability company is vested in Members There is at least one member of the limited liability company. Person(s) forming the limited liability company Bespoke Holdings Co PO Box 19039 Golden CO 80402 US Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Blair Eklund PO Box 19039 Golden CO 80402 US Colorado Secretary of State Articles of Amendment for a Limited Liability Comp filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statu The entity ID Number is 2023 820703 5 The entity name is Cataract Capital, LLC Additional amendments or other information included is Change the management of the limited liability company is vested in "members" to "managers" Colorado Secretary of State ID#: 20238207035 Document #: 20241019924 Filed on: 01/04/2024 11:43:40 AM Paid: $25.00 ny tes (C.R.S.) Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Blair Eklund PO Box 19039 Golden CO 80402 US Bespoke Holdings - Change of Zone Application Planning Questionnaire 1. Describe the purpose of the proposed Change of Zone. We propose to change the zoning on these two parcels from Agricultural (A) to Medium Industrial (1-2) within Weld County. This will allow the continued use of o utdoor storage these parcels currently enjoy. These parcels are currently limited to o il and gas uses due to the current Agricultural zoning and the existing Use by Special Review USR) permit (USP14SSAM). The purpose of this request is to expand the tenant base beyond the oil & gas industry for the benefit of prospective tenants (with an o utdoor storage requirement), the landlord, the County, and its residents. This requested change of zoning to 1-2 within Weld County will provide a long-term, economically viable use of the property by expanding the potential uses, and tenants, that can lease space and utilize the site as it was designed. One of the buildings (1760) is vacant as there are no current oil & gas tenants interested in leasing the site. With a change in zoning, the pool of potential companies that can lease the site will demonstrably increase. 2. Describe the current and previous use of the land. The land is currently and previously utilized as an industrial property with oil & gas services companies leasing the buildings and utilizing the land as outdoor storage via AM USR #1458. Two of the three buildings and surrounding land are occupied by oil & gas service tenants. 3. Describe the proximity of the proposed use to residences. There are four parcels with a residence located within 500 It All parcels are located in close proximity to the 1-3 zone district and existing heavy industrial uses. As such, the neighboring homes should be unaffected by the requested change of zone. See Exhibit D for a map of the surrounding land uses. 4. Explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. The property was legislatively zoned Agricultural (A) in the 1960's along with most of Weld County, notwithstanding that it was located between a railroad and a public roadway, and was not likely ever large enough to be productively farmed. It was never considered on an individual basis to be zoned Agricultural, and instead was just included in a much larger zoning effort by the County at that time. As such, the zoning is faulty, which is supported by the County's consistent rezoning of the surrounding properties from Agricultural to Industrial. See Exhibit E (Vicinity Zoning Map). Note that the railroad located directly east of and adjacent to the site is also incorrectly zoned Agricultural. The rezoning will also fit with the changing conditions in the area. Since the area was zoned Agricultural in the 1960's, almost all of the surrounding properties have been rezoned to Industrial. Directly across the railroad to the east is the Vestas plant, located in the City of Brighton (Zoned 1-2). Further, those properties without zoning on Exhibit E are all within the City of Brighton and all have some sort of Industrial zoning. Even this property is industrial in nature, due to the County's prior approval of AM USP1458. The requested rezoning is appropriate due to the original faulty zoning and the changing conditions in the area. 5. Explain how the uses allowed by the proposed rezoning will be compatible with the surrounding land uses. Include a description of existing land uses for all properties adjacent to the subject property. The Medium Industrial (1-2) zone district will be compatible with the surrounding land uses. The 1-2 zone district allows (for example) Commercial Storage Buildings, Contractor's Shops, Distribution Centers, Landscaping, Oil and Gas Storage Facilities, Oil and Gas Support and Service, and Outdoor Storage. The proposed 1-2 zoning is compatible with surrounding land uses. The railroad runs along the entire eastern boundary of these parcels and all other parcels located on the east side of Business Highway 85. The Vestas Plant is located directly to the east, separated only by the railroad, and is comprised of more than 230 acres of industrial - zoned property in the City of Brighton. All properties located west of Business Highway 85 are zoned Heavy Industrial (1-3) and/or otherwise contain legal outdoor storage uses that would be similar or more intense to that which would be allowed in the 1-2 zone district on these parcels. All properties to the north of WCP 6 which were annexed into Brighton are in a industrial PUD that allows any outdoor storage. See Exhibit D for a detailed map of the surround land and Exhibit E for surrounding zoning. Some of the uses allowed in 1-2 will not be feasible on this particular site given that it is already developed. However, even if full redevelopment were to occur, all such uses would be compatible with the surrounding land uses. Although the properties located directly to the west and along Business Highway 85 are primarily zoned Heavy Industrial (I-3), we are proposing to rezone to Medium Industrial (1-2) as a reasonable compromise and to ensure that this particular property does not cause compatibility issues now or in the future. 6. Does the soil report indicate the existence of moderate or severe soil limitations? If so, detail the methods to be employed to mitigate the limitations for the uses proposed. No. The site is already developed. No additional work is required for a tenant in 1-2 zoning to occupy the vacant building beyond a change of zoning to 1-2. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. We believe this plan is congruent with the county's long-term goals of employment and diversification of industries. The change of zone is consistent with the Weld County Comprehensive Plan, as demonstrated by the following sections of Chapter 22: Section 22-4-70 - Comprehensive Plan Map. These parcels are located directly between a railroad and Business Highway 85, and therefore are fully within a Weld County Opportunity Zone. See attached Exhibit G (opportunity Zone Map). We recognize that the Weld County Comprehensive Plan discourages rezoning of property located within one quarter mile of a municipality. However, in this instance annexation is completely infeasible and will not occur under any circumstance. A detailed analysis is provided below. Based on these significant concerns, and after exhaustive efforts to work with the City of Brighton, we believe this rezoning request is still compliant with the intent of the Weld County Comprehensive Plan. Section 22-2-70 (B) - Respect Private Property Rights. The existing and future development that may be permitted by the 1-2 zone district will not interfere with or infringe upon the rights of others. The uses which would be allowed are highly compatible with existing surrounding land uses, as described in further detail herein. We respectfully request that Weld County respect the property rights associated with these parcels in particular, and to allow the change of zone notwithstanding that the property is located in proximity to the City of Brighton. Based on our efforts to negotiate with the City, it has been made clear that the City would not support the I- 2 zoning necessary to allow for outdoor storage on these parcels. The City demands I- 1 zoning, which would only allow a small portion of the property to be used for outdoor storage, equal to the footprint of the existing buildings on site. This would result in a depreciation of the value of the property by as much as $5,000,000. See t h e supporting analysis provided in the attached Exhibits A, B, and C. Section 22-2-70 (C) - Promoting Economic Growth and Stability. While oil and gas remains an important part of our economy, Weld County has a robust and diverse economy that is well positioned to attract a variety of commercial and industrial businesses and employers. The current USR only allows the property to be used by oil and gas tenants, whereas the requested change of zone would expand the type of commercial and industrial tenants that could lease the property and build their businesses in Weld County. Due to its location at the south end of Weld County, this creates additional space for businesses to relocate from the Denver metro area and avoid the higher taxes associated with those communities. Section 22-2-10 (B) - Protecting Health, Safety and General Welfare. Because this property is ideally situated for industrial zoning and uses, it is less likely that industrial businesses will relocate to inappropriate areas in the County. Residents of Weld County and Colorado at large benefit from employment generating businesses when appropriately developed and sited. Section 22-2-30 (B) - Locate urban development in urban areas. This property is clearly located in an urban area on Business Highway 85 outside the City of Brighton. The property is already developed and so the County can be certain that the outdoor storage use will be compatible with all of the outdoor storage facilities in the area. Allowing this use at this property will decrease the likelihood of similar uses attempting to locate or relocate to inappropriate areas outside of urban areas. Brighton, Adams County, Denver are amongst other municipalities that have worked to reduce or eliminate outdoor storage as a permitted land use. Meanwhile, the demand for this use has significantly grown. There is significant interest from existing business owners to relocate to Weld County from those jurisdictions. This property is ideally suited to accommodate those businesses. Section 22-2-30 (C) - Harmonize development with surrounding land uses. This property abuts Brighton 1-2 zoning and Weld County 1-3 zoning. We are asking for Weld County 1-2 zoning, which we believe is a reasonable compromise to eliminate 1-3 heavy uses while maximizing the use of this property (outdoor storage & diversified industries). Section 22-2-40 - Economic development goals and objectives. In accordance with Weld County's goal to identify target areas where the County is able to encourage shovel ready industrial development, this site is already developed and can immediate house an industrial company with a change of zone. Section 22-2-50 - Environmental goals and objectives. A. Encourage responsible and sustainable water usage. This property already has two wells (DWP 29O696 & DWP 3OO257) with maximum use of 15 gallons per employee per day. Additionally, the site has two septic systems (SP- 05OO144 & SP-O5OO255). Both wells and septic would have to be removed to be annexed into Brighton. Given the historical water shortage in Colorado, it would be irresponsible to eliminate a water source (the current well) for city water with 15 gallons per day, per employee. Upon paying a high price for two water taps, water usage would become unlimited. We also understand that Brighton is facing an imminent water shortage. Approval of this change of zone would therefore utilize water resources more efficiently than requiring annexation to the City of Brighton. 8. Explain how this proposal will be compatible with the future development of the surrounding area or adopted master plans of affected municipalities. Most of the area has already been developed and has equal or more intense industrial zoning either in Brighton 1-2 / PUD zoning or Weld County 1-3 zoning. We are proposing Weld 1-2 zoning as a compromise to eliminate some more intense industrial uses and to remain compatible with the surrounding area. The City of Brighton Future Land Use Map is attached as Exhibit F. The site is designated as "Industrial" (in contrast the property across Main Street to the east, which is designated "Employment Industrial"). The Future Land Use Map does not differentiate between I-1 and 1-2. We believe that the 1-2 zoning would therefore be compatible with Brighton's Future Land Use Map. Notwithstanding, Brighton refuses to consider annexation except with I-1 zoning. We have met with and corresponded with Brighton and tried our best to work with them to annex this property with a similar land use (1-2 within Brighton) that allows a reasonable amount of outdoor storage, which is the highest and best use for the property. We acknowledged from the outset that this would be a substantially more expensive endeavor due to the City's water and sewer requirements. Even so, Brighton is unwilling to work with us and will only annex these parcels if the zoning is to be I-1, which would significantly depreciate these parcels and nearly eliminate the outdoor storage right that the current tenants and ownership enjoy. While we can agree that development requires reasonable expenditures, we cannot agree to a wholesale reduction in property value just to expand the types of tenants that could lease the property. Brighton I-1 zoning only allows outdoor storage up to the same footprint as the buildings. This would depreciate the potential market rent for these parcels by $355,636.50 per year or a market value for the parcels estimated to be greater than $5,000,000, as shown in Exhibit A. If annexed into Brighton, the known estimated costs of annexation would be $829,273.04 with three items that would add to this cost but the amount is unknown. See Exhibit B for more information. If annexed into Brighton, the expected time required would be 10-13 months. See Exhibit C for more information. 9. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The residents of Weld County will benefit from this zone change as new industries may lease building/yard space and as such, jobs will be created. 1-2 zoning is an equally or less intense use than the current zoning, which allows any oil and gas service company to occupy the parcels. 10. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. The site is not located in any of the specified Overlay Zoning Districts, and is not located in any Special Flood Hazard Areas. Exhibit A 1660-1760 County Poad 27 Brighton, CO Brighton Annexation Analysis 'cialuation based on market refits 8/25/2023 Weld County I-2 Zoning Outdoor storage allowed 1660 County Pd 27 Etillofing srel Square F= .L t Pent 14,000.0 '61,.60.0 Annualized Pent 1250 175,000.00 0.83 16,000.00 Total Pent X1;000.00 1760 County Pd 27 Northern Buildings Outdoor storage r. Iu V'ci ng 2 Outdoor storage, 14,040.0 102,801.6 12,000.0 1,415.2 1250 0.83 11.50 0:83 175,500.00 �� x �' .33 1;000..00 87,494:62 486,319.94 Total Potential Income Outdoor storage allowed 877,319._64 Brighton Annexation with I-1 Zoning Outdoor storage limited t€ building footprint 1660 County Pd 27 Building Yard So care Feet Pert ' 144, : '_ .A.r r ual ized Pent 1250 175,000,:00 11,57025 14,000.0 Y 'Ir. y L• ;sits' e Total Pent 176O County Pd 27 Northern Buildings Outdoor storage Building 2 Outdoor storage 186,57025 14„.0 14,040.0 12,000.0 12,000..0 1250 0.8.E 11.50 083 175,500.00 11, 5320 138,000.00 9.,960..00 335,11320 Tota Potential Income Br:grown rrww n IL h to d OS) 621,683.45 I-1 Reduction in Potential income (355,63650i Value assign' ( O cap) OO% (5r X80.521 3 ) Exhibit B 1660-1760 County Road 27 Brighton. CO Brighton Annexation Analysis 8/2512071 Fee Analysis Amount Calculation Traffic Impact Study $ 15.,596:.40 32O40 sf x .41 City Water Connection 142,442.00 2" tap x2 Water meters 1,91+280 two 2"tap fees City Sewer Connection Developer required., is responsible developer to for lift station's capacity. pay cost associated with If an an upgrade. upgrade is Lift upgrade station required analysis & possible u nkncrt,n Septic decnmissioned/ahandonrent system Li nknown Septic systems required to be decommissioned/abandoned.. Raw water shares Unknown Owner must dedicate based on the raw water shares to the City as a water resource report. requirement Storm Drainage Impact Fee $4+,52184 .86/square foot of impervious surface area (entire lots 12.4 acres) Wastewater Plant Investment Fee 5204,801200 two 2"tap fees Total Known Costs 829,2'04 Exhibit C 1660-1760 County Road 27 Brighton, CO Brighton Annexation Analysis sis Time Analsis Annexation and Agreement Rezoning Total Time R squired it25t2023 6-8 Months 4--5 months h 1D-13 months Brighton PUD (unlimited outdoor storage) j 1J BMri ® hte44 PUL ,�(unhmited outdoer storage) liOtt PUD` (unlimited outdoor storage) We• EXHIBIT E Vicinity Zoning Map 405 Lase: c 1 o4 Case: !' 4.5` I. 1 Last; FORT LUPTON t taw i I r COZ . CZ- I C rn C21. 1-3 EXHIBIT F City of Brighton Future Land Use Map urtgntan A!Ab.Aea 4th A'ra'tat SO I ettl. Co SOO wm"s Lfia' 'Cs 'CL ita Commercial and commercial Enphyme - Commercial cailD Em ploy ment - I ndustria I Endustrial a i it. Lornprens•nsive Plan FUTURE LAND USE MAP ndustrial EXHIBIT G Opportunity Zone Map Bespoke Holdings - Change of Zone Application Development Review Questionnaire 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. No new accesses are proposed. The two parcels each have two existing accesses, which are no proposed to be changed. Each of the four access are located south of County Road 6 by 950', 1,230', 1,860', and 2,360', respectively. All existing accesses were constructed for industrial use by oil and gas operators and related supporting businesses. 2. Describe any anticipated change(s) to an existing access, if applicable. No changes are proposed. 3. Describe in detail any existing or proposed access gate including its location. All existing accesses are gated, with gates set back at least 60' from the road pavement. No changes to the gates are proposed at this time. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. There is an existing residential access between these two properties on the east side of the road, located approximately 1,400' south of County Road 6. Approximately across the road from that access (but not direct) is an industrial access for the NGL Water Solutions LLC property. Across from the south parcel is the property owned by BA Leasing BSC LLC, which has two industrial accesses, the southern point of which is approximately across from the existing southern access on these parcels. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. Business Highway 85 in this area is straight and flat, and there are no difficulties seeing oncoming traffic. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. There are no curves in the vicinity of these existing access locations. 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access. Topography of Business Highway 85 is flat in the vicinity of these access locations. Bespoke Holdings - Change of Zone Application Environmental Health Questionnaire 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a will serve letter from the Water District, a tap or meter number, or a copy of the water bill. These parcels are currently served by water wells as authorized by the State of Colorado Division of Water Resources, permit numbers 300257 and 290696. The proposal is to continue to use these wells into the future. 2. Discuss the existing and proposed sewage disposal system is on the property. If utilizing an existing on -site wastewater treatment system (OWTS), provide the OWTS permit number. If there is no permit due to the age of the existing system, apply for a permit through the Department of Public Health and Environment prior to submitting this application. If a new OWTS system will be installed, please state "a new on -site wastewater treatment system is proposed." Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. These parcels are currently each served by OWTS pursuant to permit numbers SP - 1300133 and SP -1300134 issued by Weld County Environmental Health. Depending on future tenants and uses, portable toilets may be utilized if authorized by Weld County. Bespoke Holdings Co. 14142 Denver West Parkway Suite 101 Lakewood, CO 80401 Ph . 720-370-8001 BESPJ�KE H O L D I N G 5 September 6, 2023 Mineral Resource Statement for 1660-1760 County Road 27: Dear Weld County Zoning & Planning Department This letter is meant to address the Mineral Resource Statement requirement in order to rezone a property within Weld County. In the case of these properties (1660-1760 County Road 27), the surface of the site has already been improved and as such, the minerals beneath the land are not worth pursuing as the site is worth $9,000,000 as 1-2 zoned industrial land and its buildings. Furthermore, the surrounding land has also been improved. Twelve acres of land is not a large enough parcel to mine for subsurface minerals without the ability to add significant acreage around the site. If you require additional documentation to support this statement, Tetra Tech is willing to provide it, but it would cost me $2,500, which seemed unnecessary. Please do not hesitate to contact me with any questions at (720) 438-887O. Thank you. Sincerely, Blair Eklund Bespoke Holdings Company From: Hesemann, Thomas To: Blair Eklund Cc: Mayne, Elizabeth; Reddick, Ryder Subject: Mineral Resource Statement - Acreage for Each Parcel Date: Tuesday, September 5, 2023 11:16:04 AM Attachments: image001.pnq imaqe002.pnq image003.pnq image004.pnq image005.png Blair, We have to estimate the volume of aggregates under each parcel. Can you provide me with the acreage for each parcel? I hope to have a contract to you by COB tomorrow. We plan to perform the work for the Mineral Resource Statement for a not to exceed amount of $2,500. We should have the Statement to you within one day of receipt of a signed contract and a notice to proceed by Bespoke. Regards Tom Hesemann P.G., C.E.G. I Senior Engineering Geologist/Hydrogeologist Direct +1(720) 864-4503 I Cell +1(303) 775-3611 I Main +1(303) 772-5282 Thomas.Hesemann@tetratech.com Tetra Tech I Leading with Science® 351 Coffman Street, Suite 200 I Longmont, CO 80501 I tetratech.com This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. r in Please consider the environment before printing. Read more TETRA TECH Names and addresses of any owner, operator or any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. on the property: • Union Pacific Railroad (Colorado, Eastern Idaho, Montana, Utah and Western Wyoming), Nathan Anderson, Sr. Director of Public Affairs, 650 David Road, Salt Lake City, UT 84119, (801) 212- 5415. • United Power, 500 Cooperative Way, Brighton, CO 80603, (303) 659-0551 • City of Brighton (Sewer Easement), Kim Schoen, WWTP/Utilities Maintenance Supervisor, 500 S. 4th Ave., Brighton, CO 80601, (303) 655-2149 • Western Area Power Administration (WAPA), 12155 W. Alameda Pkwy, Lakewood, CO 80225, (720) 962-7000. Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE23-0199 Date of Inquiry August 2, 2023 Municipality Fort Lupton Name of Person Inquiring Blair Eklund, Bespoke Holdings Company Property Owner KS Enterprises I, LLC and KS Enterprises II, LLC Planner Kim Ogle 1 Planner Phone Number 970.400.3549 Planner Email Address kogle@weld.gov Legal Description Lot B RE -3360, and part of the NW4 of Section 29,1 1 North, R 66 West Parcel Number 147129200115, 147129200116 Nearest Intersection County Road 6 at County Road 27 Type of Inquiry Change of Zone from A (Agricultural) to 1-2 (Medium Industrial) The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. . �r anner's signature Would you like to pursue annexation of this property? NO YES _X Date of Contact recieved 8/3/23 from Weld Comments: We have not spoken to the applicant to date however this site is located south of our current IGA boundary line with Brighton. We would recommend the applicant contact the City of Brighton' Todd A. Hodges Planning Director 8/8/23 Signature of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Weld County Treasurer Statement of Taxes Due Account Number R2954404 Assessed To Parcel 147129200116 KS ENTERPRISES II LLC PO BOX 843 BRIGHTON, CO 80601-0843 Legal Description Situs Address PT NW4 29-01-66 LYING WEST OF UNION PACIFIC RAILROAD EXC BEG 1386.5' S OF NW COR NW4 N89D50'E 396.5' S07D53'W 113' S89D50'W 381.1' TOW LN OF SEC N112' TO BEG EXC UPRR RES EXC SE -940 & EXC LOT ARE -3360 & EXC LOT B RE -3360 1660 COUNTY ROAD 27 WELD Year Tax Interest Fees Payments Balance Tax Charge 2022 $25,009.26 $0.00 $0.00 ($25,009.26) $0.00 Total Tax Charge $0.00 Grand Total Due as of 01/18/2024 $0.00 Tax Billed at 2022 Rates for Tax Area 2502 - 2502 Authority WELD COUNTY SCHOOL DIST RE8 CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD GREATER BRIGHTON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 18.3360000 1.0680000 1.5 820000 15.3200000 6.3070000 3.1810000 Amount $6,182.42 $7,538.30 $439.08 $650.39 $6,298.36 $2,592.94 $1,307.77 60.8320000 $25,009.26 Values SPEC.PURPOSE- IMPROVEMENTS CONTRACTNG/SERV- LAND REFINING/PETROLEU M -IMPS. Actual $922,172 $393,020 $102,464 Assessed $267,430 $113,980 $29,710 Total $1,417,656 $411,120 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Weld County Treasurer Statement of Taxes Due Account Number R2582403 Assessed To Parcel 147129200115 KS ENTERPRISES I LLC PO BOX 843 BRIGHTON, CO 80601-0843 Legal Description PT NW4 29-1-66 LOT B CORR REC EXEMPT RE -3360 (.42R) Sites Address 1760 COUNTY ROAD 27 WELD Year Tax Charge Tax Interest Fees Payments Balance 2022 $43,640.88 $0.00 $0.00 ($43,640.88) $0.00 Total Tax Charge $0.00 Grand Total Due as of 01/18/2024 $0.00 Tax Billed at 2022 Rates for Tax Area 2502 - 2502 Authority WELD COUNTY SCHOOL DIST RE8 CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD GREATER BRIGHTON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 18.3360000 1.0680000 1.5 820000 15.3200000 6.3070000 3.1810000 Amount $10,788.28 $13,154.25 $766.17 $1,134.92 $10,990.57 $4,524.64 $2,282.05 60.8320000 $43,640.88 Values Actual Assessed WAREHOUSE/STORA $541,995 $157,180 GE -LAND SPEC.PURPOSE- $386,361 $112,040 IMPROVEMENTS WAREHOUSE/STORA $1,545,444 $448,180 GE -IMPS. Total $2,473,800 $717,400 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Hello