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Home My WebLink About20120730.tiff RESOLUTION RE: GRANT REQUEST FOR EXTENSION OF SUBMITTAL OF CHANGE OF ZONE PLAT, PZ#1125 - PIONEER COMMUNITIES, INC., AND H.P. FARMS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 9, 2008, by Resolution #2008-0050, the Board approved the application of Pioneer Communities, Inc., and H.P. Farms, LLC, 4643 South Ulster Street, Suite 1300, Denver, Colorado 80237, requesting Change of Zone, PZ #1125, from the A (Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for a maximum of 9,455 residential dwelling units, commercial uses up to 200,000 square feet, five (5) elementary schools, two (2) middle schools, two (2) high schools, twelve (12) local and community parks, wastewater and water storage areas, and various agricultural and open space uses on a total of approximately 5,073 acres,for a parcel of land located on the following described real estate,to-wit: Parts of Sections 4, 5, 7, 8, 9, 17, and 18, Township 2 North, and Section 32, Township 3 North, Range 64 West; and Sections 11, 12, 13, 14, and 15, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS,on February 14, 2011,the Board determined that a one(1)year extension from the date of approval of Resolution#2008-0050 shall be approved,with said Change of Zone plat to be recorded no later than January 9, 2012; that a recording continuance charge, in the amount of $550.00, be assessed, in accordance with Condition of Approval 1.X of Resolution#2008-0050; and that if the applicant determines it cannot record the Change of Zone plat by January 9, 2012, it shall make a request to the Department of Planning Services, in writing, for additional time, with such request being made at least 30 days prior to January 9,2012, and such request will subsequently be presented to the Board of County Commissioners, and WHEREAS, Reutzel and Associates, LLC, representative for Pioneer Communities, Inc., and H.P. Farms, LLC, has requested an additional one-year extension of the submittal of the Planned Unit Development Final Plat for recording, indicating said Final Plat will be submitted by January 9, 2013, and WHEREAS,the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services, and, having been fully informed, determines that a one(1)year extension shall be approved with quarterly reports to be submitted to the Department of Planning Services,with said Change of Zone plat to be recorded no later than January 9, 2013; that a recording continuance charge, in the amount of $550.00, be assessed, in accordance with Condition of Approval 1.X of Resolution#2008-0050;that if the applicant determines it cannot record the Change of Zone plat by January 9, 2013, it shall make a request to the Department of Planning Services, in writing, for additional time, with such request being made at least 30 days prior to January 9, 2013, and such request will subsequently be presented to the Board of County Commissioners; and that the applicant submit quarterly progress reports to the Department of Planning Services. PL , a HI . ti j2 2012-0730 - `_J 1 d PL1939 EXTEND SUBMITTAL OF COZ PLAT, PZ#1125 - PIONEER COMMUNITIES, INC., AND H.P. FARMS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Reutzel and Associates, LLC, representative for Pioneer Communities, Inc., and H.P. Farms, LLC, for a one (1) year extension, be, and hereby is, granted with quarterly reports to be submitted to the Department of Planning Services, said Change of Zone plat to be recorded no later than January 9, 2013; that a recording continuance charge, in the amount of $550.00, be assessed, in accordance with Condition of Approval 1.X of Resolution #2008-0050;that if the applicant determines it cannot record the Change of Zone plat by January 9, 2013, it shall make a request to the Department of Planning Services, in writing,for additional time, with such request being made at least 30 days prior to January 9, 2013, and such request will subsequently be presented to the Board of County Commissioners; and that the applicant submit quarterly progress reports to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: D. Sean P. Co /�=ChhairC Weld County Clerk to the Board �� E L William F. Garcia, Pro-Tem BY: ,(�n .-,� �► as Deputy CI k to the Board 4 `\�'',�• os� USED r 11861 !MVr ra KirkmeyerO ¼ , kSt. . Lon y A rney ►. c / Doug'. Rademach-r Date of signature: /4''/- 2012-0730 PL1939 Esther Gesick From: Tom Parko Sent: Monday, March 05, 2012 9:56 AM To: Esther Gesick Subject: FW: Extension Request- Pioneer FYI. This is the request by Jack Reutzel on behalf of the owners of Pioneer to request an extension to the Pioneer COZ. I will forward the one from Greenleaf. I believe this is going on March I4`h Thanks, Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 • Ti r' - -4rr ayµ Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jack Reutzel [mailto:jack@reutzelandassoc.com] Sent: Monday, March 05, 2012 9:31 AM To: Tom Parko Cc: msullivan@renewstrategiesllc.com; joelhfarkas@omail.com; tdirito@renewstrategiesllc.com; pnation@renewstrategiesllc.com; toni@garnow.com Subject: Extension Request- Pioneer Tom- Please be advised that I represent Front Range Resources, LLC and the entities controlled by Joel Farkas relating to Pioneer. My clients, together with GreenLeaf Acres, LLC, represent all of the owners of land comprising the Pioneer COZ. It is my understanding that you have been provided an email from GreenLeaf Acres, LLC indicating that they consent to a year extension in which to finalize the recording of the COZ. Please consider this e-mail as my clients request and consent to the extension as well. I further understand that the BOCC has scheduled March 14, 2012 to consider this request. The remaining issue to be finalized as part of the COZ is an agreement for relinquishing the hard rock right to mine for coal between Anadarko,the owner of hard rock minerals in odd numbered sections of Pioneer and my clients.This agreement was a condition of approval by the BOCC. We have been in contact with Anadarko over the past several months and have reached an agreement in principle pending final drafting of the agreement which Anadarko has agreed 1 2012-0730 PZ./93' to generate. The extension will provide us with the necessary time to finalize and record the relinquishment agreement as well as to finalize,execute and record the COZ mylars. No party will be prejudiced by this extension and my clients agree to pay all required fees and costs for the extension. On behalf of my clients, I respectfully request the County's approval of the request. Thank you Jack Disclaimer: This transmission may be: (I) subject to the Attorney-Client Privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. Unauthorized interception of this e-mail is a violation of federal criminal law. If you have received this communication in error, please immediately notify me by telephone (303-694-1982) and destroy this message. Although this email and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. Thank you. 2 Esther Gesick From: Tom Parko Sent: Monday, March 05, 2012 11:03 AM To: Esther Gesick Subject: FW: Pioneer PUD See below from GreenLeaf for the Pioneer COZ extension request. Thanks, Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 Ti r ' !- i .OWN ..,.,. Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: ioelhfarkasCalgmail.com [mailto:joelhfarkaseamail.com] Sent: Tuesday, February 28, 2012 7:58 AM To: Tom Parko Subject: Fwd: Pioneer PUD Tom. Per your request here is Barry's confirmation to support our extension request. Joel Farkas Sent from my iPhone Begin forwarded message: From: GreenLeaf Acres <Preenleafacres@hotmail.com> Date: February 28, 2012 7:55:59 AM MST To: <joelhfarkas@gmail.com> Subject: FW: Pioneer PUD Barry L. Fehr 1 Partner I GreenLeaf Acres, LLC 515.320.2185 I greenleafacres@hotmail.com From: greenleafacres@hotmait.com To: joelfarkasagmail.com Subject: Pioneer PUD Date: Mon, 27 Feb 2012 21:48:19 -0600 To Whom It May Concern, In regards to the upcoming hearing on March 14th, this email is to serve as confirmation that GreenLeaf Acres, LLC supports the extension of the Pioneer PUD deadline for another year. Should you have any questions, feel free to contact me at 515-320-2185. Thank you, Barry L. Fehr Partner I GreenLeaf Acres, LLC 515.320.2185 I greenleafacres@hotmail.com 2 Pioneer Communities, Inc. Timeline • 2006 —BoCC approved the Southeast Weld RUA (Ordinance 2006-4) • Spring / Summer 2006 — initial meetings w/ staff and developers to talk about Pioneer concept. • August 2006 — initial Sketch Plan submitted to the Department of Planning Services. • August — December 2006 — several addendums and revisions of the Sketch Plan were reviewed by the Planning Department. • Spring 2007 — Sketch Plan approved administratively by staff. • Summer 2007 — Pioneer Communities Change of Zone (COZ) submitted. • Fall 2007 - COZ came before Planning Commission for public hearings • January 9, 2008 — COZ (PZ-1125) was approved by the BoCC. *Page 14 of the January 9th BoCC resolution gave the applicant 90 days to record the COZ plat. *On February 14, 2011 the BoCC granted a one-year extension to record the COZ plat. 1 i r Southeast Weld RUA , •..� a • .. t 4, , I I I / ; , . , ,- , ` Mme`. r '4 .. "a'. " •• ‘.> . }_ • . • i + yy� . 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