HomeMy WebLinkAbout20110446.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, Reutzel and Associates, LLC, Attorney for Pioneer Communities, Inc., and
H.P. Farms, LLC, has requested a three (3)year extension for the submittal of the Change of Zone
plat for recording, indicating said plat will be recorded by January 9, 2014, 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 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.
Lw PL Aepl.
I I 2011-0446
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, Attorney for Pioneer
Communities, Inc., and H.P. Farms, LLC, for 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
���
ATTEST: (� � Ez•
�� Gi :. C i �fV•_L
arbara Kirkmeyer Chair
Weld County Clerk to the
Oba �r.
/e y, Pro-Tem
BY: �a� ' , -�
Deputy Clerk to the='•�'�ate' ��
Wi r il Cop
c`s
APPROViD FORM: �l co/
David E. Long
� C
County Attorney as
Dougla Rademac er
Date of signature: O1//177//
2011-0446
PL1939
REUTZEL & ASSOCIATES, LLC
1I IUR\hl S AT I.%%
5566 S S”cnnuce Sired I and 1 i.o/onnm
Lmlaon,Colorado 81112(1 Real I state
elcphnne 1311.11694-1982 Annesanon,
Pas 3113 1 694-31O1 ialom,
MM x reuvclandaeeoc clml (HI and I nt.
I ocal I an crnmen1
\t ale,
'1lk I RII I/1 !
lad o reul,ehmdaaoe nom
February 9. 2011
Mr. Tom Parko. M.A. CFM
Planning Manager
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Re: Pioneer -Request to Extend
Dear Mr. Parke:
The undersigned represents the owners of the Pioneer development located north of
Hudson in unincorporated Weld County. As you know, the Pioneer Change of Zone ('-('OT')
was approved by the Weld County Board of Commissioners on January 9. 20118 subject to 24
conditions to he satisfied prior to recording the Change of Zone. My clients have worked with
the Weld County Staff and other referral agencies over the past several months in addressing
those conditions. On January 17. 2011 the undersigned received an email from you with redlines
on the latest submission of the COZ dated, August 19. 2010. I have attached a string of email
correspondence over the last five moths evidencing our work together.
Your January 17. 2011 email highlighted the fact that three years has elapsed since the
COZ approval and consistent with Weld County Code. Pioneer was to have submitted a final
plan for all or a portion of the Property within this time period. The pertinent part of Section 27-
8-50 of the Weld County Code states in part:
If a PUD final plan application is not submitted within three (3) years of the date
of the approval of the PUD Zone District, the Board of County Commissioners
shall require the landowner to appear before it and present evidence substantiating
that the PUD project has not been abandoned and that the applicant possesses the
willingness and ability to continue with the submittal of the PUD final plan.
Due to the adverse real estate market and its associated effect on new development, my clients
have not actively pursued a final plan application for its first phase of development.
Notwithstanding the anemic market for new development, my clients have been actively working
on the Pioneer development over the interim period and its et7ilrts to address the 24 conditions of
approval demonstrate that it has not abandoned the Change of Zone.
2011-0446
Mr. Tom Parko
February 9. 2011
Page Two
In addition to the continuing effort at addressing the numerous land use conditions. the
various Pioneer Metropolitan Districts have continued to meet and perform required district
functions. The districts have considered and passed annual administration resolutions, and have
participated in various Intergovernmental Agreements requiring its involvement.
Finally, as you correctly pointed out in your most recent correspondence. Pioneer is still
in need of finalizing the hard rock agreement with Anadarko. I have spoken to the representative
from Anadarko over the past several weeks and continue to work with her to address the
condition of approval. I am confident that a mutually acceptable agreement will soon he
forthcoming.
In light of the foregoing activity. I respectfully suggest that the owners of Pioneer have
not abandoned the PUD and have been and continue to work on reading the property for future
development when the market rebounds appropriately. In light of the current market I
respectfully request an extension of three (3) additional years from January 9. 2011 in which to
record the ('OZ and to submit a final plan for a portion of the Pioneer property.
Very Truly Yours.
REUTZEL &A • ' e"FES. LLC
',r i •r 1
Ja E. Re tzel
.IER/
Encl.
cc: Mark Sullivan
Joel Farkas
Tom Di Rito
Paull Nation, Jr.
Jack Reutzel
From: Tom Parko[tparko@co.weld.co.usj
Sent: Monday, January 17. 2011 4:46 PM
To: Jack Reutzel
Cc: Trevor Jiricek
Subject: Pioneer COZ
Attachments: Pioneer PUD 07122010.pdf
Dear Jack:
Good afternoon. Planning staff has reviewed the Change of Zone (COZ) submittals and conditions of approval
and made the following comments on the attached. Please note that staff performed a cursory review of the files
and correspondence that date back to the first submittal and all correspondence prepared by Mr. Mueller. former
case manager. One particular concern that has not been addressed deals with sub surface minerals. The Planning
Department does not have written evidence that the hard rock minerals have either been purchased by the owner
or mitigated via other means with Anadarko. If you would like. I can forward prior correspondence from Mr.
Muller to your offices which will expand on the outstanding conditions.
In addition. I would like to make you aware that the time has expired to record the COZ and a formal request
must be made to the Board of County Commissioners (BoCC) to continue. In addition. Pioneer Communities
had three (3) years from the time the COZ was approved to submit a final plat. According to our records the
BoCC approved the COZ on January 9. 2008 and the three (3) year time frame has expired. I would recommend
that the owner(s) or owner(s) representative make a formal request in writing to Board of Count)
Commissioners to extend the time frame or the COZ may be revoked. If you would like to read the exact code
section with respect to the final plat procedures it can be found in §27-8-50 of the Weld County Code.
This request for additional time to complete the Change of Zone Conditions of Approval and to submit the Final
Plat application should he made in the very near future. This might also be a good time to update the BoCC on
any progress with the development. If you have any questions or would like to sit down with stall either in
person or by phone to talk about the COZ please feel free to call or email me.
Kind regards.
Tom Parko,M.A.,CFM
Planning Manager
Weld County Planning Services
Office:970-353-6100,ext 3572
Mobile:970-302-5333
Web:http://www.co.weld.co.us
I RI1 701 ,
1
Jack Reutzel
From: Layla Rosales[Irosales@vogelassoc comj
Sent: Tuesday.October 05, 2010 12:17 PM
To: 'Toni Serra'
Cc: Jack Reutzel
Subject: FW: Pioneer Communities
FYI
Thanks,
Layla Rosales
Associate Principal
VOGEL & ASSOCIATES
475 W 12th Avenue
Denver, CO 80204
Phone: (303) 893-4288
lrosales@vogelassoc.com
Original Message
From: Tom Parko [mailto:tparko@co.weld.co.us]
Sent: Tuesday, October 05, 2010 11:46 AM
To: Layla Rosales
Subject: RE: Pioneer Communities
Yes. I apologize. Things have been hectic here lately, which is a good thing. The planner
that was on this case originally has since left and trying to piece together all the comments
and history has been a chore.
Don't worry so much about the time frame. You have met the condition to turn the COZ comments
around to us in a timely manner. Unfortunately, we have not done a great job reciprocating
the effort and this will not interfere with the status. Again, I hope to get them out shortly
and thank you for the follow up and patience. Tom
Original Message
From: Layla Rosales [mailto:lrosales@vogelassoc.com]
Sent: Tuesday, October 05, 2010 9:47 AM
To: Tom Parko
Subject: RE: Pioneer Communities
Hi Tom-
I did not see anything from your staff yesterday. Can I still expect to see comments soon?
Thanks,
Layla Rosales
Associate Principal
VOGEL & ASSOCIATES
475 W 12th Avenue
Denver, CO 80204
Phone: (303) 893-4288
lrosales@vogelassoc.com
Original Message
From: Tom Parko [mailto:tparko@co.weld.co.us]
Sent: Tuesday, September 28, 2010 1:52 PM
To: Layla Rosales
Subject: RE: Pioneer Communities
Layla:
Thanks for the email. Staff will have the comments by Friday and will send them out that
afternoon or Monday October 4th at the latest.
Tom
Original Message
From: Layla Rosales [mailto:lrosales@vogelassoc.com]
Sent: Tuesday, September 28, 2010 1:14 PM
To: Tom Parko
Cc: 'Toni Serra'
Subject: RE: Pioneer Communities
Tom-
I was wondering about the status of this review and final approval. I have not heard from you
in a while.
Thanks,
Layla Rosales
Associate Principal
VOGEL & ASSOCIATES
475 W 12th Avenue
Denver, CO 80204
Phone: (303) 893-4288
lrosales@vogelassoc.com
Original Message
From: Tom Parko [mailto:tparko@co.weld.co.us]
Sent: Monday, August 23, 2010 10:16 AM
To: Layla Rosales
Subject: RE: Pioneer Communities
On page one (signature sheet) who will be signing this plat? Is the original
owner(s) still involved? Tom
2
Original Message
From: Layla Rosales [mailto:lrosales@vogelassoc.com]
Sent: Thursday, August 19, 2010 12:17 PM
To: 'Jack Reutzel'; Tom Parko; Michelle Martin
Cc: pnation@frontrangeresources.com
Subject: RE: Pioneer Communities
The COZ is attached for review and comment.
Thanks,
Layla Rosales
Associate Principal
VOGEL & ASSOCIATES
475 W 12th Avenue
Denver, CO 80204
Phone: (303) 893-4288
lrosales@vogelassoc.com
From: Jack Reutzel [mailto:jack@reutzelandassoc.com]
Sent: Thursday, August 19, 2010 12:06 PM
To: Tom Parko; Layla Rosales
Cc: pnation@frontrangeresources.com
Subject: RE: Pioneer Communities
Tom-
Thanks for your email. I have asked Layla Rosales, by this email to forward the updated
Pioneer Change of Zone to Michelle of your office for review.
3
I had spoken with Michelle about this a few weeks ago and we had agreed on the format needed
for this internal review. We are now ready to transmit.
Once your internal review is complete we should talk about what, if anything remains to be
done to bring this matter to recording.
Thanks
Jack
From: Tom Parko [mailto:tparko@co.weld.co.us]
Sent: Monday, August 16, 2010 5:23 PM
To: Jack Reutzel
Subject: Pioneer Communities
Jack:
Good afternoon. I am emailing you regarding Pioneer Communities. More specifically, COZ
(Change of Zone) #1125. Our records indicate the Change of Zone was not recorded with the
Weld County Clerk and Recorder , which was approved by the BOCC on January 9, 2008. According
to code, the COZ should have been recorded 90 days following the 3rd reading with the 00CC. I
have attached a copy of the Resolution for your review. Please see page 14 of the Resolution.
The timeframe is stipulated in paragraph "W". Given the fact that neither the applicant nor
staff has followed through with the recordation I would like to bring some closure and grant
thirty (30) days, or a time specified by the applicant that is within reason, from receipt of
this email to bring in paper copies of the plat for staff review. Staff will review the paper
plats to ensure that the development standards and all other applicable stipulations have
been met. Following staff approval the applicant can then submit the final COZ on Mylar. If
the COZ is not received by staff within thirty (30) days, or a date specified by the
applicant that is reasonable to both parties, staff will bring the COZ before the 00CC for
reconsideration, which could, among other options, result in revocation. If you have any
questions please do not hesitate to contact me.
Kind regards,
Tom Parko, M.A., CFM
Planning Manager
Weld County Planning Services
Office: 970-353-6100, ext 3572
Mobile: 970-302-5333
4
Hello