HomeMy WebLinkAbout20230488.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Sasaki Family Holdings LLC Case Number COZ22-0013
Submitted or Prepared
Prior to At
Hearing Hearin
1
Email
received
from
February
Mike
Tylka,
6,
City
2023
of
Brighton
Meeting
Minutes
Summation
X
2
Bob
Holdings,
Choate
LLC
Letter
c/o
of
Jane
Authorization
Sasaki
to
act
on
behalf
of
Sasaki
Family
X
3
'
Bob Choate
7, 2023
Letter
in response
to Staff
Recommendation
dated
February
X
4
Applicant's
Powerpoint
Presentation
(3 Images)
X
5
-
Y
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I hereby certify that the items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commissioners hearing.
Kim Cgfb`
Planner
MEMORANDUM
TO: Case File, COZ22-0013
DATE: February 6, 2023
FROM: Mike Tylka, City of Brighton
SUBJECT: Follow-up to Meeting with Sasaki representatives
From: Mike Tylka <mtylkagbrightonco.gov>
Sent: Monday, February 6, 2023 11:59 AM
To: Kim Ogle <koglegweldgov.com>
Subject: Re: Sasaki Change of Zone COZ22-0012, Meeting this week
Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning Kim,
The City of Brighton remains opposed to this proposal. We find that this rezoning would open
the door to allowing this Property to develop under County standards and not the City's. We find
that the City's standards (design, landscaping, buffering, uses, etc) should be applied as this
Property is within the City's Growth Boundary and adjacent to City Limits. The City may restrict
types of access to Main Street if disjointed development occurs that does not align with our
Comprehensive Plan. Additionally, the City will not provide water and sewer service to a user at
this Property if it is not first annexed into Brighton.
I did meet virtually with members of the Applicant team last week. This conversation focused on
incentives for City development from the Applicant's side, but as we both know, development in
the City, under City standards, is for the good of all and not any one particular property owner.
I would like to note that the Applicant's submittal incorrectly notes this Property as being within
Fort Lupton's Annexation Area, it is within Brighton's, and states that the Property is classified as
'Industrial' within our Master Plan. It is classified as 'Employment -Industrial', not 'Industrial', and
this classification does not align with the requested County zone district of I-3. Per Weld
County's Comprehensive Plan's Update Section 22-2-30 B., we agree that the County should
encourage annexation of urban style development, especially, ones that are within a one quarter
mile distance from City Limits. This Property is directly adjacent to City Limits (Main Street).
Unfortunately, I will not be able to attend the upcoming meetings, but please know that the City
of Brighton is opposed to the subject action and finds that all future urban development on this
Property should occur after it is annexed.
Thank you for the opportunity to comment.
IC
EXHIBIT
LiiC►t3
1
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17111 AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
+, (We), Sasaki Family Holdings LLC , give permission to Bob Choate
(Owner please print) (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:
1821 County Road 27, Brighton, CO 80603
Legal Description: PT NE4 30-1-66 LOT A 2ND COF of Section 30 , Township 01 N, Range 66
Subdivision Name: LOT A 2ND CORR REC EXEMPT RE 3362 (.46R)
Property Owners Information:
Address: 1821 COUNTY ROAD 27
Lot A
Block
Phone: (303) 659-0018 E-mail: janesasaki@msn.com
Authorized Agent/Applicant Contact Information:
Address: 103 W. Mountain Ave Ste. 200 Fort Collins, CO 80524
Phone: (970) 449-8120
E -Mail: bchoate@cp2law.com
Correspondence to be sent to: Owner Authorized Agent/Applicant by: Mail Email
Additional Info: Please include bob.demaree@kw.com and michael.dente@kw.com on all correspondences as well
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
Owner Signature
�I
Date :C'`, _
Date
Owner Signature
des
Subscribed and sworn to before me this 47day of Ve,l)rtitaxN
)(Ant 560-ot
My commission expires��dCG� nu 'Hi
EXHIBIT
Notary Public
2-3_ by
JACOB WIEGERT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224011746
My Commission Expires March 24, 2026
C
COAN . PAYTON PAYNE
February 7, 2023
Weld County Planning Commission
Re: Response to staff report; COZ22-0013
Dear Planning Commissioners,
Bob Choate, Esq.
103 W. Mountain Ave., Suite 200
Fort Collins, CO 80524
970-225-6700
bchoate cr.ep2law.corn
www.cp2law.com
Please accept this letter as a response to the staff recommendation for denial of change of zone
application COZ22-0013. Pursuant to Weld County Code sections 23-2-30.A and 23-2-40.B, a
change of zone application must meet five criteria. As enumerated in Mr. Kim Ogle's
recommendation and report, staff agrees that the application meets three of the five criteria,
including that the proposed zone district will be compatible with the surrounding land uses.
In contrast, staff finds that this change of zone application fails to meet two of the five criteria,
which are discussed below:
Consistency with the Comprehensive Plan
Sections 23-2-30.A.1 and 23-2-40.B.1 each require the applicant to demonstrate that the
proposal is consistent with Chapter 22 of the Code (i.e. the Comprehensive Plan), OR that
changing conditions in the area warrant a Change of Zone.
This change of zone application meets both of the alternative requirements under this criterium.
First, as provided in the staff report: 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." It is clear that this section is not a complete prohibition on rezoning property within
the quarter -mile radius around a municipality, but rather such applications are "discouraged".
When, as here, annexation is not practical, the County should seriously consider approving a
change of zone, notwithstanding section 22-2-30.B.1. The applicant has met with officials from
the City of Brighton, who have confirmed information which clearly demonstrates that
annexation is not feasible. In particular, the applicant learned that the cost of bringing the water
to the property, including dedication of raw water to the City, would reasonably be expected to
cost $750,000, which is not feasible for a 3.7 acre parcel. There is also the likelihood that the
parcel would have different zoning ("Employment -industrial") in the City, which would create
an island of zoning surrounded by I-3 zoning.
Second, changing conditions in the area warrant a Change of Zone. This parcel was initially
zoned Agricultural decades ago. Since that time (and primarily in the last twenty years), all of the
property to the north, west, and south has been zoned I-3, as well as virtually all of the property
EXHIBIT
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DENVER I FOP1 COLLINS I GREELEY
along the west side of Main Street for 1 %2 miles to the south. This parcel is an island of
Agricultural zoning surrounded by I-3 zoning.
Adequate Water, Service
Sections 23-2-30.A.3 and 23-2-40.B.3 require the applicant to demonstrate that adequate water
and sewer service can be made available to the site to serve the uses permitted within the
proposed zone district
This property is currently served by a domestic exempt residential -use well, which is not
permitted to be used for industrial uses. The application does not rely on the existing well permit,
which wilt be retained until the home is removed from the property sometime many years in the
future. Thereafter, the property will be served by an appropriately permitted commercial well,
just as the applicant's adjacent property is served by the same category of well. The applicant has
already submitted a new permit application to the Colorado Division of Water Resources (DWR)
for this parcel, and has high confidence that it will receive the well permit in the near future.
Note that this is a change of zone application that does not include any development plans in the
near future, which will require a later application for a Site Plan Review (SPR). At that time,
staff can determine whether the proposed development should be considered an "urban -scale"
development. However, until that occurs, no development is actually happening on this property.
While urban -scale developments require a public water source, certainly not all I-3 zoning
requires public water. There are a variety of uses to which the property could be put that do not
require significant water resources, and further would not be considered "urban -scale"
development by typical standards. The criteria for approval of a change of zone relates to
"adequate water", not "public water". qp Even so, adequate water can be made available to the
property, and a septic system is appropriate for the location under the County Code.
We agree with staff that the application meets the remaining three criteria included in the County
Code to support a change of zone on this property, and we look forward to discussing this with
you.
Respectfully submitted,
ra girt -
Bob Choate
DENVER , FORT COLLINS I GREELEY
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