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Home My WebLink About20230489.tiffEXHIBIT INVENTORY CONTROL SHEET CASE COZ22-0013 - SASAKI FAMILY HOLDINGS, LLC, C/O NGL WATER SOLUTIONS DJ, LLC Tyler Exhibit Submitted By Page # Description Planning A. Commission Resolution of Recommendation Planning B. Commission Summary of Hearing (Minutes dated 2/7/2023) C. Planning Services PowerPoint Presentation D. E. F. G. H. J. K. L. M. N. O. P. Q. R. s. T. U. V. 2023-0489 WELD COUNTY, CO Co 220013 APPLICANT: SASAKI FAMILY HOLDINGS LLC PLANNER: KIM OGLE REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOTS AAND B OF RE -1300; BEING PART OF THE N2SE4 OF SECTION 22, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 27 (NORTH MAIN STREET); APPROXIMATELY 650 FEET SOUTH OF CR 6 (EAST CROWN PRINCE BOULEVARD). ■I WELD COUNTY, CO C0Z22 0 013 Sasaki Family Hollings I I C WELD COUNTY, CO Dacono 1 - 1 1 1 1 1 1 1 1 1 1 1 41"*4- " > . TOR horntdn 1 I 1 1 1 1 1 1 1 ■ I1 COZ22-0013 A (Agricultural) to 1-3 (Heavy Industrial) I - 1 i 1 1 I 1 MI 1 MN WELD COUNTY ADAMS • NM 1 R l 4 } .7 Ken Mitchell 1 °geen Space sin I 4 ■ f 1 1 Fort Lupton ler F e I r 1- 1- ■- I- 1- 1- 1- 1- 1 S 1 _Baseline_ - Budge es x._I _11 1 1 C Ca111,.n... we City 1 1 Barr Stat e Lake Park. 1 I 1 1 1 1 1 1 1 I- 1 1 ■Ia 1 1• . I M 1 M 7 1 -, r P 147;) ItNzsei ecari Lochbuie s . — I m. I 1= I in n 1- 1ml Brighton 4M South 4th Ave-iue 9rgh'nn. ^-O 906C' wmc.bngh•onco.gcv Residential Estate Residential (Adams (Weld County) Low Density Residential (0.5 - 5 DU/A) Medium Density Residential (5 - 12 DUJA) High Density Residential (12 - 24 DUTA) Agriculture & Open Space re Agriculture (Adams I Weld County) # Parks & Open Space CP Natural Resource Conservation Mixed Use 0 Mixed -Use Commercial rde Mixed -Use Residential re Local District Mixed -Use • Downtown FUTURE LAND USE MAP Commercial and Industrial Commercial a Employment- Commercial CD Employment- Industrial le Industrial Other CPI Public Land Natural Features /M... South Platte River Stream Canal or Ditch Lakes // 100 Year Floodplain Overlay ill II!. III=Brighton Growth ManagementArea or CAdams) Weld County Line Planning Boundaries Adjacent City Growth Boundaries OBrighton 2040 Urban Service Area II 4 J DRCOG Urban Centers 0 Local District Plan Boundary I Brighton City Boundary WELD COUNTY, CO Dacono i i a w C0Z22-0013 A (Agricultural)�"�l�� to I-3 (Heavy Industrial) rAr I I= 1 a1.PIEN WELD COUNTY ADAMS COUNTY t irre4fer1P47)Ii Fort Lupton iht • It.' • i I PJP.hEf9:M�� G.--aMej elt ills al Ern riprw. MI Vr 1 Brighton 500 South 4th Avenue Brghton, CO 806^' www.brigh-cnco.gov 'fan FUTURE LAND USE MAP BE BRIGHTON Industrial Categories cenr oven Inc a.5-et-v&c/ Purpose and Character: Regional, job -creating employment uses such as regional and corporate headquarters. Light industrial uses that create less noise, traffic, smoke and/or odor than industrial uses yet should still be situated away from residential areas. Suitable along US 85. Transportation infrastructure should support heavy truck traffic. Commercial and Industrial ei commercial ei Employment - Commercial Employment - Industrial e Must's 41N. ,Brighton Growth Management Area le 1 Primary: Research and development, light manufacturing, processing, manufacturing, assembly with large workorces. Secondary: Public facilities and trails. Discouraged: Large distribution warehouses, truck terminals, exposed storage, other industrial uses with small workforces, Residential Uses. Planning Boundaries CIAdams / Weld Co r i. Line. AO acnt City t3rovitith ciunda1es WELD COUNTY, CO •: :• a' •Y 'e • :♦ n + . '• �♦ l_ ;L.. ■.+ .: R••}. r'-44-'".../-•!./-1\xti + . ■ i- ,caw• •Jr x' .S 'r. �. `.rP..�r._Y,{ft.. ^. '.- f .' ■ '. Y 1', 1•' ■ •.' ▪ •••• ;:tom ';:r' -.. a.. }: }. -;•4 1. r • • • r •.• • -a: ■ I 'i x • • OO17_22-0013 Sasaki Family Holcinas '•. h▪ am. .1 .f♦r:.• J•: :R 'i ▪ •• ,''i ••. ':�' jam■ x- a r a •5 }•_ ) .a • x x •.. 1-3 City of Brighton 44 ter F � ■aa_°■■_�sem1�G-- o' I • W Clif 6 • II WC Sasaki Family Holdings - Residence WELD COUNTY, CO WELD COUNTY, CO S ection 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County. S ection 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. S ection 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. S ection 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. S ection 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: Section 23-2-30.A.51a. —Overlay District Section 23-2-301A.5.b. - Known to contain a commercial mineral deposit Section 23-2-302A. 5. c. - Soil conditions present moderate or severe limitations WELD COUNTY, CO The submitted materials are not in compliance with Section 23-2-30 of the Weld County Code: Section 23-2-30.A.1. - That the proposal is not consistent with Chapter 22 of the Weld County. Section 22-2-30.B.1 states "Locate urban development in urban areas - Encourage annexation of urban -scale development. Zone changes and subdivisions within one - quarter mile of municipal limits are strongly discouraged. Property owners who want to rezone or subdivide their property are encouraged to contact the municipality about annexation." This property is located within a designated Opportunity Zone as defined in the Weld County Code and as delineated on the Comprehensive Plan Map. Section 22-4-10 B. states "... zone changes to I (Industrial), are preferred in the following locations — within one-half mile of U.S. highways, the property is located within this distance to the east of U.S. Highway 85; within one -quarter mile of railroads, the property is located within this distance to the west of the of the Union Pacific RR mainline track and within one-half mile of an arterial/ arterial intersection; a City of Brighton designated arterial street and a Weld County designated arterial road intersect at County Road 27 and County Road 6. Finally, development requiring rezoning is discouraged within one -quarter mile of any municipality as stated in Section 22-4-10.C.1 of the Weld County Code. WELD COUNTY, CO 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 is currently served via a permitted Division of Water Resources, Well Permit # 152851-A. As permitted, the well cannot be used for industrial and commercial uses. The well must be re -permitted and covered by a court -approved augmentation plan before it can be used for commercial and industrial uses as stated in the November 29, 2022, Division of Water Resources referral. The City of Brighton referral dated December 16, 2022, stated "The City of Brighton has utilities in the area and services can be expected to be provided by the city. The proposal would allow for urban development, and we find that this is best accomplished within the City Limits of Brighton." Furthermore, Chapter 22, Article II, Section 22-2-30.B.1 states "Encourage annexation of urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Section 22-2-30.B.2 states "Urban scale development shall only be placed where urban services, including public water, are available". The City of Brighton in their referral acknowledges the ability to provide urban services to this property. This parcel does not have a viable water supply for commercial or industrial development. WELD COUNTY, CO WELD COUNTY, CO .=1111. 8 6 WELD COUNTY, CO F h - . ) - •y !c0 �F -' - • 'r_ . .. - - . _ -.�"7►v7t�-��I�ir•T•�'y.`>?tn .w�..�•�i'=►' �``i"1�• i_ _17-� ,� r°. _ _l...r-7attA arm'. Aaia'•=+ rv�r �i+r •� _ ' • • —r1�f ., r P if larat e St - see-- Me, l I } Nialasime -. a is WELD COUNTY, CO •s•.:y186...,j_<,/ - w"'1"0 . C r r r' -..• ' t /'. 3 •.' dim y-. ti y...y WELD COUNTY, CO ■I WELD COUNTY, CO WELD COUNTY, CO 4t1 I 1660 County Road li Unit Brighton, CO 80603 (97(I 307-8860 Vww,raggerenergy com WELD COUNTY, CO •: :• a' •Y 'e • :♦ n + . '• �♦ l_ ;L.. ■.+ .: R••}. r'-44-'".../-•!./-1\xti + . ■ i- ,caw• •Jr x' .S 'r. �. `.rP..�r._Y,{ft.. ^. '.- f .' ■ '. Y 1', 1•' ■ •.' ▪ •••• ;:tom ';:r' -.. a.. }: }. -;•4 1. r • • • r •.• • -a: ■ I 'i x • • OO17_22-0013 Sasaki Family Holcinas '•. h▪ am. .1 .f♦r:.• J•: :R 'i ▪ •• ,''i ••. ':�' jam■ x- a r a •5 }•_ ) .a • x x •.. 1-3 City of Brighton 44 ter F � ■aa_°■■_�sem1�G-- o' I • W Clif 6 • II WC WELD COUNTY, CO Please accept this email as Brighton's response as I have been unable to locate your official referral form online. I am out of town starting tonight and will not be able to reapply my comments before your deadline. The City Of Brighton is opposed to this rezoning pl'OpOSaI. The application has an error as this is within the City of Brighton's Grown Boundary and notthe City of Fort Lupton's. The City of Brighton has utilities in the area and services can be expected by the City. The proposal would allow for urban development, and we find that this is best accomplished within the City Limits of Brighton. As the property is within our growth boundary, and as the adjacent ROW is already annexed, we find that City standards such as architecture, buffering, and screening should be applied to the development as site development will impact City residents and businesses directly. As such, City staff encourages the applicant to reach out to schedule a Preliminary Application Conference to discuss annexation and development within the City of Brighton. Please notify me directly of any upcoming public hearing(s) on the application as myself or another will be attending to oppose this item. If this project is to move forward, City staff requests that City of Brighton standards be applied at the time of site development given the direct impacts to our residents and business owners. Thank you for the opportunity to comment „stall* Brigh tori Mike Tylka, AICP Assistant Director of Community Development City of Brighton 0 303.655.2069 500 S. 4th Ave., Brighton, CO 80601 iiit,ylk {lb1 htoiico.gov WELD COUNTY, CO The submitted materials are not in compliance with Section 23-2-30 of the Weld County Code: Section 23-2-30.A.1. - That the proposal is not consistent with Chapter 22 of the Weld County. Section 22-2-30.B.1 states "Locate urban development in urban areas - Encourage annexation of urban -scale development. Zone changes and subdivisions within one - quarter mile of municipal limits are strongly discouraged. Property owners who want to rezone or subdivide their property are encouraged to contact the municipality about annexation." This property is located within a designated Opportunity Zone as defined in the Weld County Code and as delineated on the Comprehensive Plan Map. Section 22-4-10 B. states "... zone changes to I (Industrial), are preferred in the following locations — within one-half mile of U.S. highways, the property is located within this distance to the east of U.S. Highway 85; within one -quarter mile of railroads, the property is located within this distance to the west of the of the Union Pacific RR mainline track and within one-half mile of an arterial/ arterial intersection; a City of Brighton designated arterial street and a Weld County designated arterial road intersect at County Road 27 and County Road 6. Finally, development requiring rezoning is discouraged within one -quarter mile of any municipality as expressed in Section 22-4-10.C.1 of the Weld County Code. WELD COUNTY, CO 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 is currently served via a permitted Division of Water Resources, Well Permit # 152851-A. As permitted, the well cannot be used for industrial and commercial uses. The well must be re -permitted and covered by a court -approved augmentation plan before it can be used for commercial and industrial uses as stated in the November 29, 2022, Division of Water Resources referral. The City of Brighton referral dated December 16, 2022, stated "The City of Brighton has utilities in the area and services can be expected to be provided by the city. The proposal would allow for urban development, and we find that this is best accomplished within the City Limits of Brighton." Furthermore, Chapter 22, Article II, Section 22-2-30.B.1 states "Encourage annexation of urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Section 22-2-30.B.2 states "Urban scale development shall only be placed where urban services, including public water, are available". The City of Brighton in their referral acknowledges the ability to provide urban services to this property. This parcel does not have a viable water supply for commercial or industrial development. Recommendation - COZ22 0013 WELD COUNTY, CO The proposed Change of Zone application request for this property, at this location, does not support the land use goals and objectives of the adopted Weld County 2020 Comprehensive Plan as this property has the opportunity and ability to pursue annexation into the City of Brighton. Further, given that the requested Change of Zone application does not meet two of the five criteria standards, the Department of Planning Services recommends denial of this application for a Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District. End • f • Z2 -0 1 Hello