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Home My WebLink About20090600.tiffa MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED. RECEIPT/AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNEE SOUTHEASIT WELD MIXED USE DEVELOPMENT AREA - AFFECTING SECTIONS: 2 T2N R65W, 17 & 18 T2N R64W Affected parcel numbers 1305-17-3-00-028 (LESS APPROXIMATELY 12+ ACRES ALREADY DESIGNATED RESIDENTIAL) 1305-17-0-00-015 (LESS THE SW '/. OF THE NW Y. ALREADY DESIGNATED RESIDENTIAL) 1305-18-4-00-007 1305-18-4-O0-006 1307-02-0-00-011 1307-02-0.00-001 Legal Description SEE ATTACHED EXHIBIT Section _, Township North, Range _West Property Address (If Applicable) Total Acres Has the property been divided from or had divided from it any other property since August 30, 1972? - Yes No FEE OWNER(S) OF THE PROPERTY (If additional space is required. attach an additional sheet) HP FARMS LLC - JOEL H FARKAS, MANAGER Phone: 303-843 9742 Fax: 303.843-0143 Email address: JHFARKAS@JFCOMPANIES.COM CPAU LSO N @ J FCOM PAN I ES. CO M Address: 4653 S. ULSTER STREET SUITE 1300 DENVER, CO. 80237 APPLICANT' OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) REUTZEL & ASSOCIATES LLC - JACK E. REUTZEL, ESQ. Phone: 303-694-1982 Fax: 303-694-3831 Email address: JACK@REUTZELANDASSOC.COM JOY@REUTZELANDASSOC.COM UTZELAN DASSOC.COM Address: 9145 E. KENYON AVENUE SUITE 200 DENVER, CO. 80237 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. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signato has the legal author '.n for the corporation. Date Signature: Owner or Authorized Agent Date 2009-0600 "'.._^_ 'S+x.cnsaymgi ir:uaaimw-iiaimsoa.a.u. aa..ni.ixy.:. r,e:I.12 mans:4'kXJL3.:L>J3:kYiY:aaarnmo-Y,gaum.� r- 1ui w -13a_•• 2165 Pioneer Communities Holdings LL 4643 S Ulster Street Suite 1300 Denver, CO 80237 Colorado Business Bank 821 17th Street P 0 Box 8779 Denver, CO 80201 13031 293-2265 23-320/1020 CHECK NUMBER 2165 DATE Jul 25, 2008 AMOUNT ****$4,200.0. PAY Four Thousand Two Hundred and 00/100 Dollars TO THE ORDER OF WELD COUNTY PLANNING Pioneer Communities Holdings LLC II' 2165" 1:10 200 3 2061: 32 3256611' 2165 REF. NUMBER DESCRIPTION INVOICE DATE INVOICE AMOUNT DISCOUNT TAKEN AMOUNT PAID 7.25.08 COMP PLAN AMENDMT—SEC 17 & 18 7/25/08 4,200.00 4,200.00 I CHECK DATE CHECK NUMBER PAYEE DISCOUNTS TAKEN CHECK AMOUNT 7/25/08 2165 WELD COUNTY PLANNING $4,200.0 FORMO PTWIN-APCHK rev 11/21/02 TRANS-MCRO ELECTRONIC FORMS MOGI 749.2335 • • • • • Affidavit of Agreement The undersigned, Jack E. Reutzel, as designated representative on behalf of the owner of lands that are subject to the Change of Zone PZ #1125 known as Pioneer Communities and subject to development triggers and commitments as set forth in Weld County Resolution approved by the Board of County Commissioners of Weld County on the 9°i of January, 2008 (2008-0050 PL 1939) hereby certifies that: 1. The Comprehensive Plan Amendments (#1 and #2) as submitted and dated August 2008 for the SE Weld MUD shall be bound by all previous triggers and commitments as determined by prior applications and actions required by the Board of County Commissioners. 2. Further reiteration and refinement of the triggers may occur at the Change of Zone review for these lands at the sole discretion of the County. REUTZEL & ASSOCIATES, LLC By: STATE OF COLORADO CITY & COUNTY OF DENVER ) ss. The foregoing Affidavit was subscribed and sworn to before me on this 2"d day of September, 2008, personally by Jack E. Reutzel. Witness my hand and official seal. My commission expires: `!i0 *closes- PO to IMt avaissian Expires Oct a MO • • REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW • • • 9145 EAST KENYON AVENUE. SUITE 200 DENVER. COLORADO 80237 Phone (303) 694-1982 lax (303) 694-3831 www.reutzclandassoc.com October 22, 2008 Ms. Michelle Martin Weld County Planning Services 918 10th Street Greeley, CO 80631 Weld County Planning Department GREELEY OFFICE 24 7nnn RECEIVED Land Use/ Zoning Real Estate Annexations Community Associations Oil and Gas Local Government Corporate Re: Weld County Comprehensive Plan Amendment - Structural Land Use Map Amendment #1 Dear Michelle, The following comments are in response to referral comments received and direction discussed in our meeting on Wednesday October 8, 2008. The following referral comments were provided. • Zoning Compliance • Platte Valley • Weld County Sheriff • Building Inspection • Town of Keenseburg • Division of Water Resources • Department of Public Health All of these referral agencies found no conflicts or issues and therefore nothing more is required of the applicant at this time. • Public Works (memo dated Oct. 9, 2008) RESPONSE: The Department found the recommendations as proposed in the Addendum letter and the Addendum Traffic Impact Analysis acceptable. Additional detail will be provided in conjunction with the Change of Zone process. • HenryLyn Irrigation District RESPONSE: The District requested that a proper petition to exclude the Property from the District is recommended with a change from agriculture to residential. The land is to remain in agriculture for the immediate future. Correspondence with the District explaining the necessity and timing of an exclusion is provided. • Xcel Energy RESPONSE: The letter from Xcel describes a request for language or plat notes to be place on the preliminary and final plats for the subdivision. A letter was provided to Xcel repeating our previous commitment to provide the necessary language when a plat application is submitted for any portion of the Property. Attached please find the graphic revision of the Amendment consistent with the Comprehensive Plan Structural Land Use Map adopted by Weld County. • • REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW 9145 EAST KENYON AVENUE. SUITE 200 DENVER, COLORADO 80237 Phone (303) 694-1982 fax (303) 694-3831 www. reutze landassoc. com October 21, 2008 Mr. Rod Baumgartner The Henrylyn Irrigation District P.O. Box 85 Hudson, CO 80642 Re: Pioneer Communities Weld County Comprehensive Plan Amendment Dear Mr. Baumgaratner: Land Use/ Zoning Real Estate Annexations Community Associations Oil and Gas Local Government Corporate On behalf of Pioneer Communities Inc., HP Farms LLC and Prospect Farms II Holdings LLC., we are in receipt of your referral comments contained in an October 3, 2008 letter provided to us by the Weld County Planning Services. The comments provided are more specifically directed toward future applications for subdivision plats and development applications on the Property. We have several procedural steps that are required in advance of the subdivision and development of the Property. The Property will remain in agriculture during those entitlement steps. The Comprehensive Plan and Zoning will not change the actual land use as it is currently being farmed and utilizing the Henrylyn Irrigation system. At the step that subdivision plats are prepared, referrals will be provided from the County to The Henrylyn Irrigation District. Prior to construction and building permits a petition to transfer the rights to other properties will be processed with the District. It is premature however to engage in the process at this time. Thank you for your comments. If you have any questions regarding this matter please contact this office. Sincerely • • REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW • i 9145 EAST KENYON AVENUE, SUITE 200 DENVER, COLORADO 80237 Phone (303) 694-1982 fax (303) 694-3831 www.reutzelandassoc.com October 21, 2008 Ms. Kathryn Bauer Xcel Energy 550 15th Street, Suite 700 Denver, CO 80202 Re: Pioneer Communities Weld County Comprehensive Plan Amendment Dear Ms. Bauer: Land Use/ Zoning Real Estate Annexations Community Associations Oil and Gas Local Government Corporate On behalf of Pioneer Communities Inc., HPFarms LLC and Prospect Farms II Holdings LLC we are in receipt of your referral comments contained in the letters to Weld County Planning dated October 6, 2008. The comments provided are more specifically directed toward future applications for subdivision plats on the Property. We have several procedural steps that are required in advance of the subdivision plats that need to be ratified by the County, including this referral provided for on the Comprehensive Plan Amendment, as well as a future application for a Change of Zone process. At the step that subdivision plats are prepared, referrals will be provided from the County to Xcel Energy and the necessary easements and notes required for services to the development as set forth in your October 6 letter will be addressed in accordance with requirements in effect at that time. Thank you again for your comments. If you have any questions regarding this matter please contact this office. Sincerely, • • • • • RESOURCE COLORADO WATER & SANITATION METROPOLITAN DISTRICT July 27, 2005 Mr. Chris Paulson, Manager Pioneer Communities Inc. HP Farms LLC 9145 East Kenyon Avenue, Suite 200 Denver, Colorado 80237 RE: Provision of Water and Wastewater Service by Resource Colorado Water and Sanitation Metropolitan District (the "District") to Pioneer Communities LLC ("Pioneer") and HP Farms LLC ("HP Farms") Dear Mr. Paulson: This con-espondence is in regard to the provision of water and wastewater services to the property described in Exhibit A located in Weld County, Colorado and owned by Pioneer and HP Farms (the "Property"). The District is authorized pursuant to its Service Plan to provide for the planning, design, acquisition, construction, installation, financing and maintenance of water and sanitation facilities. All of these powers are granted pursuant to the Service Plan for the District approved by Weld County Commissioners and the Weld County District Court. Please be advised that the District will exercise reasonable efforts to install and construct the water and wastewater infrastructure to provide water and wastewater services ("Services") in phases to the Property as needed subject to the following conditions: 1. The Service Plan permits the District to provide these Services only through Intergovernmental Agreements with service providers such as metropolitan districts and municipalities. No direct service to customers is permitted. Therefore, water and wastewater metropolitan districts must be created and approved within the Property to contract with the District. 2. Service will be subject to the lawfully adopted rules, regulations, conditions, and policies of the District. 3. Prior to receipt of Services, all fees and charges for Services must be paid in full to the District. File Name: M:Uackye Barvey\Resource Colorado\Pioneer Communities Water Service Lir 9145 E. KENYON AVE., SUITE 200 • DENVER, CO 80237 • (303) 843-9742 ResourceColorado.org • I • You have been previously forwarded information regarding the fully adjudicated water rights to be utilized for the provision of Services and regarding the initiation of the 208 Plan Amendment for wastewater treatment. If you have any questions concerning this correspondence, please contact the undersigned. Very truly yours, B ey E. I eutsch, president esource Colorado Water & Sanitation Metropolitan District CC: Brad Simons File Name: M:VaciryelHarvey\Resource Colorado\Pioneer Communities Water Service Ltr • • REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW • • 9145 FAST KIENYON AVENUE, SIInT: 200 DENVER, ('UI ORADO 80237 'Telephone (303) 694-1982 Fax (303) 694-3831 www.rcutzclandassoc.com August 22, 2008 Weld County Planning Services 4209 CR 24.5 Longmont, CO 80504 land Use'Zoning Real Estate Annexations (l nn in unity Associations Oil and Gas Local Governmem Subject: August 2008 Comprehensive Plan Application #1 — Map Amendment for the SE Weld MUD Response to staff comments forwarded via email August 7, 2008 Attn: Ms. Michelle Martin We offer the following clarifications to our original application to address the issues raised in your August 7, 2008 email regarding Amendment #1 — Map Amendment to the SE Weld MUD. We have repeated the issues in the same order as we received them in the email. Amendment 1- Map Amendment 1. Demonstrate that the underlying planned services and/or infrastructure approved for the Southeast Weld MUD are not materially affected; or if materially affected, propose and support mitigation measures addressing the improvements required. Response: As submitted in the cover explanation of the original application materials, the planned services remain unchanged with this adjustment. The area under consideration in this amendment was a part of all of the initial studies provided with the creation of the MUD and were analyzed and addressed and found to be sufficient for a comprehensive plan review. This map modification does not modify any of the findings in a material way. This amendment is consistent with the Development standards, Intent, Structural land use categories, and limiting site factors addressed with the initial MUD formation as described in Weld County Code Article Ill Chapter 26. The planned services do not change. There is no additional land being included with this amendment. The number of residential units is being refined (reduced) from the original thresholds established, which does not adversely affect services. Schools, law enforcement, fire protection, parks, trails and traffic circulation are actually more efficient based on the elimination of the "satellite" community of Section 2, initially designated Residential. The school site formerly designated in Section 2 has been identified in Section 18 within the Residential designation. 2. Demonstrate that the proposed land use designations are compatible with the existing land -use designation of adjacent Southeast Weld MUD planning areas. Response: As submitted in the cover explanation of the original application materials, the map revision is appropriate as it designates residential development adjacent to the existing residential areas for the Pioneer community and makes for a more logical and efficient land use transition with the SE Weld MUD residential land use designation. Section 2 returns to an AG designation which is more consistent with the surrounding and existing AG zoned parcels. The proposed revision to Res in Sections 17 and 18 places the residential development in the logical growth corridor which extends from 1-76 to the north. Fringe buffers shall be addressed with the Sketch and Change of Zone process. • • • • • 3. This new land area modification shall be bound by all pervious triggers and commitments as determined by prior applications and actions required by the Board of County Commissioners. Response: It is understood and hereby acknowledged that the triggers and commitments established with the Change of Zone will relate to this property, as it is a part of the area included in the SE MUD. Further reiteration and refinement of the triggers may however occur at the time application for the rezoning of the Property is reviewed (next steps). 4. The applicant shall demonstrate through supporting documentation how the proposed amendment will address the impacts on the natural environment. Response: Environmental assessments including site influence mapping, topography, drainage, sensitive species, a geotechnical study, a Phase 1 Environmental study, an archaeological review, asbestos surveys, vegetation mapping, aquifers, basins, power lines, substations, area land use, coal resources, were provided with the original analysis of the entire Pioneer Property and the initial formation of the SE Weld MUD and Change of Zone. Those graphics and reports are on file with the County and were assessed accordingly for the Property. Our review suggests that the reports remain valid and demonstrate that there is no adverse impacts to the natural environment because of this Amendment as evaluated by and with reliance on extensive supporting documentation. 5. Delineate the number of people who will reside and work in the proposed area and the number of jobs created by the proposed development. This statement shall include the number of school - aged children and address the social service provision needs, such as schools, of the proposed population. Response: As discussed in the original application materials the map amendment represents a net increase in land committed to agriculture of approximately 320 acres. Section 2 is approximately 613 acres. Sections 17 and 18 consist of area of approximately 295 acres proposed for a residential land use and will be developed at an assumed yield of 1000 units. This assumes a residential population of approximately 2550 people. The densities previously assumed for Section 2 were slightly less due to the buffers and site constraints that were identified through the Change of Zone process. A similar refinement will also occur with Section 17 and 18 at COZ. At this point in the process however the overall densities proposed for the SE Weld MUD are well within the overall population approved in the SE Weld MUD Areas Structural Land Use Densities Table (Residential Neighborhoods) identified in Appendix 26-C of the Weld County Code. The School District has taken the position that student yield calculations should be determined at a later date (see SE MUD Appendix 26-0- School Allocation standards). However, given the current status of the Change of Zone for a portion of Pioneer we can offer the following formula. The current student generation numbers at .36 for elementary, .110 for middle and .175 for Senior High total approximately 645 students (360, 110, and 175 respectfully) This student population estimate warrants the elementary school site depicted in this area in the Proposed Comp Plan amendment graphic. Capacity is sufficient in the middle and high school facilities to absorb the relocated student population in the middle and high schools previously identified within the facilities proposed. 2 • • • 6. Include a certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within one thousand (1,000) feet of the property subject to the application. The source of such list shall be from the records of the County Assessor, or an ownership update from a title abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. (Your list is not certified) Response: A statement of certification is attached. 7. Outline the proposed use of the property including the number of dwelling units, number of commercial and industrial units and percentage of open space projected for that area. Response: As discussed in the original application materials the entire map amendment is Residential and Agricultural land uses. The estimated number of dwelling units for the purposes of the drainage and traffic study is 1000 sfd units. This is a transfer from the residential units previously proposed in Section 2. Open Space standards will be in accordance with Appendix 26-E Common Open Space for Land Use Categories for the Southeast Weld MUD Area or 20% for residential neighborhoods. 8. Demonstrate that the site can be serviced by public water and sanitary sewer service that is adequate for the proposed use. Response: As discussed in the original application materials this area was included in the original MUD and was considered a part in the overall will -serve letter from Resource Colorado Water and Sanitation Metropolitan District. A will serve letter has been provided from Resource Colorado with extensive findings provided on the water availability adequate to serve the Pioneer community. A copy of that letter (previously submitted) is provided as an attachment to this response. 9. The applicant shall submit an affidavit agreeing to all pervious triggers and commitments as determined by prior applications and actions required by the Board of County Commissioners. Response: Although already addressed by staff issue #3 above an affidavit is attached agreeing to all triggers and commitments as previously determined by prior applications with the understanding that additional analysis may be prepared at the Change of Zone that may vary a threshold previously described at the sole discretion of the County. Very Truly Yours, REUTZEL & ASSOCIATES, LLC 3 a REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW 9145 EAST KENYON AVENUE, SUITE 200 DENVER, COLORADO 80237 Telephone (303) 694-1982 Telefax (303) 694-3831 www.reutzelandassoc.com JOY S. MCGEE joyGreutzelandassoc.corn DATE: July 30, 2008 ~ ORIGINAL fVAL TRANSMITTAL TO: Ms. Michelle Martin Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 FROM: Joy S McGee Reutzel & Associates (303) 694-1982 ext 105 RE: Pioneer Communities - Comprehensive Plan/ Southeast Weld MUD August 2008 Amendment and Referral Packages Land Use' Zoning Real Estate Annexations Community Associations Oil and Gas Local Government Corporate HAND DELIVERED TO: 4209 CR 24.5 Longmont, CO 80504 Dear Michelle, In accordance with Weld County Code Section 22-1-150, the Comprehensive Plan amendment procedure, as amended, the enclosed materials have been prepared and packaged for the County's consideration. There are two amendments proposed. • Amendment 1 (A-1) addresses a modification to the existing Structural Land Use Map for Section 2 proposing to return it to an Agricultural status and transfer the residential densities originally proposed for that area to Sections 17 and 18 (generally west of CR 49 and split by CR 51 and south of CR 20). • Amendment 2 (A-2) is the inclusion of an additional 319 acres (±) of land into the MUD. Intent and Justification statements are included with each of the applications and related materials. Both Amendment 1 (A-1) and Amendment 2 (A-2) are provided with this transmittal including the following for each application: 1 original application fee check 3 Planning Referral sets (includes ownership and Adjacent Property information) 30 Referral packages (see detailed table of contents included in each package) Please let me know if additional copies are needed. We look forward to meeting to discuss additional materials and feedback with staff by the end of August. Thank you. •• S • • • el 1:t sid C CD E -O a) E tD RI OC 1 Z E., < N 4-4 C pp GJ rq a. °� O N 11 ei > H aJ C C O Co G) u D N a I 2 t0 ill -a Ce • Z H 'U' ▪ N 0 RI C CU O L, ++ U 7 dl N N I 'O 00 ;, o C o w N I— ts in D 45 L E Q a a. co 2 it, • • • Weld County Comprehensive Plan Amendment Southeast Weld Mixed Use Development Area August 2008 Amendment #1 - Map Revision - Modify Land Use Designations Application form Application fee Intent Statement Ownership Information Planning referral packages Adjacent Property Owner Information / labels.... Planning referral packages EXHIBITS Legal Description (Section 2) Exhibit 1 (Sections 17 & 18) Exhibit 2 Structural Land Use Amendment Map Exhibit 3 Traffic Impact Analysis / LSC Transportation Exhibit 4 Drainage Summary/ Carroll & Lange Exhibit 5 Agricultural Plan Update Exhibit 6 a 4 Weld County Comprehensive Plan Amendment South East Weld Mixed Use Development Area Amendment - Map revision - August 2008 Modify designation for Section 2 T2NR65W from Residential to Agriculture and SE 1/4 Section 18 and SW 1/4 Section 17 T2N R65W from Agricultural to Residential This application is for a map Amendment to the Weld County Comprehensive Plan. The change is a modification in land use designations for two areas within the Structural Land Use Map for the South East Weld Mixed Use District ("SEWeld MUD"). The proposed amendment does not expand the boundaries of the existing SEWeld MUD urban growth designation currently in place as adopted by Weld County Code Ordinance 2006-4. The request does not propose any new land use classifications. The request simply trades land use designations of two parcels within the boundaries of the existing SEMUD. The amendment requests a transfer of the "Residential" designation in Section 2 (legal attached - see EXHIBIT 1) and relocates that Residential designation to the southwest quarter of Section 17 and the southeast quarter of Section 18 (legal attached — EXHIBIT 2). With this Comprehensive Plan application, Section 2, approximate 613.6 acres ±, would be designated "Agricultural". The referenced portions of Sections 17 and 18, approximately 294 acres±, would be designated "Residential". This modification yields a net increase in land committed to agricultural use of approximately 319.6 acres. The map revision is appropriate primarily as a result of service limitation factors and the physical separation of Section 2 from the majority of contiguous land designated residential. As more specific engineering information on grading, drainage, access and infrastructure extensions evolved through the planning process for Pioneer it became evident that moving the residential development proposed for Section 2 adjacent to the Pioneer community made for a more logical and efficient land use transition and minimized staff's concern of a satellite urban area surrounded by agricultural land. The amendment remains consistent with the existing and future goals, policies and needs of the County as set forth in the SEMUD. The impacts analyzed with the creation of the "original" SEMUD are not modified in any material way with this request. A map modification depicting the proposed land use designations is provided as EXHIBIT 3. A letter of amendment to the Traffic Study is provided as EXHIBIT 4 which acknowledges the density transfer. An update to the Agricultural activities plan is provided as EXHIBIT 5. All other planned services remain relatively unchanged with this adjustment. Schools, parks, trails and circulation will be more specifically discussed in the Sketch Plan for the proposed residential area. EXHIBITS attached EXHIBIT 4 • • • LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 E-mail: Isc@isedenver.com Web Site: http://www.lscdenver.com TRANSPORTATION CONSULTANTS, INC. July 30, 2007 Mr. Chris Paulson JF Companies 4643 S. Ulster Street, Suite 1300 Denver, CO 80237 Re: Pioneer Development Weld County, Colorado (LSC #061100) Dear Mr. Paulson: We are pleased to submit this Addendum letter related to the Traffic Impact Analysis for the proposed Pioneer development located in Weld County, Colorado. This analysis is related to the proposed Comprehensive Plan Amendment for the Pioneer development area. The proposed Comprehensive Plan Amendment calls for transferring the urban development proposed for Section 2, located west of Box Elder Creek and north of Weld County Road (WCR) 22, to Sections 17 and 18 which is the area in the southeast portion of the site, as shown in Figure 1. The most recent Traffic Impact Analysis report that was done for the Pioneer development (LSC Transportation Consultants, Inc, April 26, 2007) did not include any development for Section 2 and therefore, this report summarizes the expected traffic impacts related to the addition of 1,000 units in the south portion of the site (see Figure 1). These are traffic impacts that are above and beyond the traffic impacts related to the Pioneer develop- ment that were summarized in the April, 2007 traffic study. The remainder of this report presents our findings concerning the traffic impacts of the proposed modification to the Pioneer development. Proposed Site Modification A description of the proposed Pioneer development and the traffic impacts related to its build - out are described in detail in the Traffic Impact Analysis report for the Pioneer development (LSC Transportation Consultants Inc., April 26, 2007). The proposed sketch plan that the April, 2007 report analyzed did not include any dwelling units in the south portion of the site. This report analyzes the impacts of adding 1,000 single-family dwelling units to the portion of the southeastern portion of the site (see Figure 1). gstimated Traffic Generation Based on applicable rates cited in the 2003 edition of Trip Generation, published by the Institute ofTransportation Engineers, enclosed Table 1 presents estimates of average daily and • • Mr. Chris Paulson Page 2 July 30, 2007 peak -hour traffic to be generated by 1,000 single-family dwelling units. As indicated, the additional 1,000 single-family dwelling units are projected to generate approximately 9,570 average weekday vehicle -trips (4,785 inbound and 4,785 outbound) on an average weekday. Of these trips, approximately 750 trips (190 in and 560 out) will be generated during the morning peak -hour and 1,010 trips (640 in and 370 out) during the evening peak -hour. Trio Assignment and Traffic Volumes Figure 2 illustrates traffic volumes at the WCR 49/WCR 22 and WCR 49/Road C intersections and the WCR 49/I-76 interchange. These traffic volumes are taken from the April, 2007 traffic study for the Pioneer development and they include traffic volumes from buildout of the Pioneer development without the additional 1,000 single-family dwelling units proposed in the south portion of the site. Figure 3 illustrates the assignment of traffic generated from the proposed additional 1,000 single-family dwelling units. This assignment of generated traffic is based upon the traffic distribution percentages shown in the April, 2007 traffic study for the Pioneer development and the vehicle -trip generation estimates of Table 1. The total traffic volumes for Year 2030 are illustrated in Figure 4. These volumes were derived by adding site - generated traffic from Figure 3 to the traffic shown in Figure 2. The traffic volumes shown in Figure 4 represent buildout of the Pioneer development including the additional 1,000 dwelling units proposed for the south portion of the site. Estimated Traffic Impacts In order to assess the impacts of the proposed addition of 1,000 single-family dwelling units to the Pioneer development, peak -hour capacity analyses have been prepared for the key study intersections assuming background and background plus site -generated traffic conditions. The methodology used is that presented in the 2000 edition of the nationally accepted High- way Capacity Manual, published by the Transportation Research Board of the National Academy of Sciences. The concept of Level of Service (LOS) is used as a basis for computing combinations of roadway operating conditions which accommodate various levels of traffic activity. By definition, six different Levels of Service are used (A, B, C, D, E, and F) with "A" being a free -flow condition and "E" representing the capacity of a given intersection or road- way. Figure 5 illustrates the geometry assumed for the analysis. The geometry shown in Figure 5 is consistent with the recommended geometry shown in the April, 2007 report for the Pioneer development. Table 2, enclosed, summarizes the results of the morning and evening peak -hour LOS analyses for the study intersections (actual computer analysis printouts are enclosed). As Table 2 shows, all intersections analyzed are expected to operate at an acceptable Level of Service with the additional traffic from the proposed addition of 1,000 single-family dwelling units to the Pioneer development. Average Daly Traffic The Year 2030 average weekday traffic impacts of the proposed additional dwelling units for the study area are illustrated in Figures 6. This figures illustrates the average weekday traffic expected to be generated by the proposed additional 1,000 single-family dwelling units, total average daily traffic as well as the percent impact of the additional traffic. • • • • • • • • Mr. Chris Paulson Page 3 July 30, 2007 As this figure illustrates, the traffic generated by the proposed additional dwelling units will increase traffic by approximately 8.5 percent on WCR 22 west of WCR 49, 6.7 percent on WCR 49 north of WCR 22, 13.8 percent on Road C east of WCR 49, and 13.1 percent on WCR 49 south of Road C and north of I-76. Recommendations Figure 7 illustrates the recommended improvements above and beyond the improvements that were recommended in the April, 2007 traffic study for the Pioneer Development. These recommendations include the following: 1. Construct WCR 20 as a two-lane collector roadway from WCR 51 to WCR 49. 2. Construct a full -movement signalized intersection with turn lanes as shown in Figure 7 at the WCR 49/WCR 20 intersection. 3. Construct the section of WCR 49 from the I-76 Interchange to WCR 20.5 as a six -lane arterial (previously shown as a four -lane arterial). e • r We trust that our findings and recommendations will assist in the planning for the proposed Pioneer Development. Please call us if we can be of further assistance. Respectfully submitted, LSC Transportation Consultants, Inc. Enclosures: Figures 1 through 7 Tables 1 and 2 Level of Service Analysis Worksheets BTW/wc O: \LSC\pralects\2006\061100\Report\July 2007\Density Transfer Analysis.wpd • • • • I t t • • • • i S • • • I • • • il 0 J o_ r cer 3| $ 0 k 0 ) 0 / ci S 6 \ 0 Single -Family Detached Housing k $ / k cf. ■§ G= §) )z. f u. AI k3 � \ +) \k\ (]f ANk IEEE • • & a _ O ow' uA k/ Intersection Location o< G« o< *° k° §° §° o° e m a o6 CO 2 o { \o A vurn § vc, CC 89 O }C =t ato0 ■a °kE K7k "EE OH R \ e7aa » E7c 3!f on Ef$ co w2t®f gee k©� \@k eE_ o 8 0_� OS. �o� WI5 M33 M53 M%% $ 7 0 0 0 th O CO - 0 8 O O E \\ kf /§ (& k 7 (g \\ 7 • • • • • HCM Unsignalized Intersection Capacity Analysis 103: 1-76 WB Ramps & WCR 49 2030 AM Total_Builout 7/26/2007 Lane Configurations Sign Control Grade Volume (vehlh) Peak Hour Factor Hourly flow rate (vph) Pedestrians .................... Lane Width (ft) Walking Speed (ff/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Up§tream signal'(ft) pX, platoon unblocked 0:81 0.81 vC, conflicting"volume 883 1239 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 624 1082 489 tp,i single0) 7.5 6.5;', 6.9 tC, 2 stage (s) tF (s) 3.5 4.0 3.3 `I 3.5 4.0 3.3 2,2 p0 queue free % 100 100 100 96 97 76 98 cM capacity fveh/h) 220 177 526 - 143. 177 880 1070 t 1 f t 4\ t t ti 4 4✓ Stop ' Stop Free Free rr 0% 0% 0% 0% 0 0 0 5 5 195 " 15 •660 0 0 450 1835 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0 0 0 5 5 212 16 717 0 0 489 1995 None' 16 None 0.81 0.81 0.81 489 1239 1239, 359 ,' 499 1062 1062 7.5 6,5' 0 89 489 Volurr!eTotet': Volume Left Vatur eRight cSH Vol9A0,10;Capacity Queue Length 95th (ft) Control Delay.(a). Lane LOS Approach: Delayl(a). Approach LOS 223..10.'.359 359 489..997. 997 5 16 0 0 0 0 0 212 0' 0 0 0 997 ! 997 925 1070 1700 1700 1700 1700 1700 0;24 0.02., 0.21 0.21 029 0.59 :-0 59 24 1 0 0 0 0 0 1t,3 8.4` pa ao ... o;o 0.0 0,0 B A 11.3 , 0.2 010 - B Average Delay Intereedlon Capacity Utilization • Analysis Period (min) 0.8 521% 15 ICU Level of Service 434 0.81 717 !; 419 4.1 2.2 100 •922 Alam Pioneer (LSC # 061100) LSC, Inc. 2030 AM Total_Builout Page 1 • • HCM Signalized Intersection Capacity Analysis 104: 1-76 EB Ramps & WCR 49 2030 AM Total_Builout 7/26/2007 Lane Configurations ►j"i �, Ideal'Flow (vphpl) 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 Lane Util. Factor 0.97 1,00 Frt 1.00 0.87 Flt Protected 0.95 1,00 Satd. Flow (prot) 3433 1620 Fit Permitted 0.05 1.00 Satd. Flow (perm) 3433 1620 N/00#0 #01). 1:).O60 19 0 0 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 Adj. Flow{vph) 717 5 ' 33 0 0 RTOR Reduction (vph) 0 25 0 0 0 LaneGroup Flowl(vph) ,°717 , 13 . 0 0 p Turn Type Perm Protected Phases - 4' - Permitted Phases 4 Actuated.Green,'(3(s) 26.4 25:4 Effective Green, g (s) 25.4 25.4 Actuated g/C.Ratio 0',25 0.25 Clearance Time (s) 4.0 4.0 Vehicle Eidens)4n (a) ;'3.0 3�0 Lane Grp Cap (vph) 872 411 v/s Ratio.Prot 0.01- v/s Ratio Perm c0.21 v/o R.atio.. 0:82 0.03 Uniform Delay, dl 35.2 28.1 Progresslon'Factor 100 . 1.OOi. Incremental Delay, d2 6.3 0.0 Delayi;(s), 41.5 "•28.1`, ' Level of Service D C Approach: Delay (a) 40.8 Approach LOS D 1900 '.,191/0-:H.:1.9.(#11 1900. 4.0 1OD 0.98 1 OD 1816 1',AO 1816 1900 1900 1900 4.0 4.0 1.00 1.00 1.00 1.00 0.95 1.00 1770 1863 0.74 :1.00 1378 1863 0 0 0 0 0.92 0.92 0.92 0.92 0.92 0.92 0.92 22 5!- 391 38, 0 2 0 0 0 0 0;; 0 25 0" 391 38 0 Pen 2 8 6 66.6 66.6 66.6 66.6 66.6 66.6 0.67 0.67 ,0.67 4.0 4.0 4.0 3.0 3.0 3.0 1209 918 1241 0.01 0,02 c0.28 0.02 0;43 10.03 5.7 7.8 5.7 1.00 0.45 0.47 0.0 0.7 0.0 5,7 4.2 2,7 A A A 6.7 4,1 A A 0i0 A HCM Average Control Delay 27.0 HCM Level of Service HOM Volume to Capadity_rti tio 0.54 Actuated Cycle Length (s) 100.0 Sum of lost time (s) Interpectloh Capacity Utilization 52 1% ICU Level of Setyico Analysis Period (min) 15 c Critical Lane Group C Alam Pioneer (LSC # 061100) LSC, Inc. 2030 AM Total_Builout • Page 1 • • • • HCM Signalized Intersection Capacity Analysis 107: WCR 22 & WCR 49 2030 AM Total_Builout 7/26/2007 Lane Configurations 11 Ideal Flow:(vphpl) 1900 Total Lost time (s) 4.0 Lane Ut11. Factor ` 1.00 Frt 1.00 Flt Protected 0.95 Satd. Flow (prot) 1770 Fit Permitted 0.95 Satd. Flow (perm) 1770 )Volume (vPh) . 100 Peak -hour factor, PHF 0.92 AdJ. Flow (vph) 109 RTOR Reduction (vph) 0 Lane Group Flow (vph) 1.:09 Turn Type Prot Protected: Phases *1: Permitted Phases --► 1 F ''- ''\ t ti l tf t' ti 4t i' vi t4 r 'ri tt r 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0.95 1.00 0,97 0.95 1.00 0.97 0.95 1.00 !- 0.97 0,95 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 3539 1583 3433 3539 1583 3433 3539 1583 3433 3539 1583 1.00 1.00 ' 0,95 1.00 1.00 .0.95 1.00 1.00 '. 0.95 1;00 -1.00 3539 1583 3433 3539 1583 3433 3539 1583 3433 3539 1583 250 150 400 540 230 .,`180 ,605 170 105 905 140 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 272 ; 183 435 5$7 250 '! 19$ 65$ 1$5 ' 114 984 152 0 0 0 0 113 0 0 72 0 0 25 272 163 435 587 137 ' 196 65$ 113 114 984 127 Free Prot 4 f 3 Free $019010 0,(004410),., G (s) 90.4 . 14.4: 100.0 16.9 20:9. 29.8 9.8 44.0 60.9 6.7 42,9 53.3. Effective Green, g (s) 10.4 14.4 100.0 16.9 20.9 29.6 9.8 44.0 60.9 8.7 42.9 53.3 Actuated g/G Ratio 010 0.14: 1.00 ;017 0.21 0.30 - ,', 0.10 0.44 0,81 0.09 .0.43 ▪ 0.53 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Vehicle E7dension (s) 3.0 . 3.0 i'' 3,0 3 0 3,0 3.0 3.0 3M 3,0 i3.0 3 0 Lane Grp Cap (vph) 184 510 1583 580 740 532 336 1557 1027 299 1518 907 v/a Ftetio Prot 0;06 0.08 r, 00.13 c0.17 0,02 c0.06 0.19 *Aft,: 009 c0;28 041 v/s Ratio Perm c0.10 0.06 0.05 0.07 v/c Ratio. 0:59 0.53. 0.10 ,rr0.75 0,79 0.26 :.0.58 0,42 011 0 38 +0.85 ▪ 0'14 Uniform Delay, d1 42.8 39.7 0.0 39.5 37.5 26.8 43.1 19.3 8.2 r 431 22.6 11.8 Progr*sion'Factor 1.00 1 `00' 1.00 0 90 0.93, 161 1.00 1;00 1.00. 1.19 0,67 0,57 Incremental Delay, d2 5.0 1.1 0.1 5.2 5.7 0.2 2.6 0.8 0.0 0.8 2.1 0.1 poonsyam 17 2 Level of Service DD A DD D DC A D B A Approachpelay'_(s) 30.0;• 41:2 2218 19.1 Approach LOS C D C B pm+ov Prot pm+ov Prot pm+ov HCM Average Control Delay 28.4 HCM Yalume to Capacity ratio 0:68 Actuated Cycle Length (s) 100.0 Intereect!Of rapacity Utilization:':::.:,:!7: ,...84;0%.';':: Analysis Period (min) 15 p Gtiticfll Lane'Group 8 1 5 2 3 1 6'""7 8 2 6 HCM Level of Service Sum of lost time (s) ICU Level 8f Service Alam Pioneer (LSC # 061100) LSC, Inc. 2030 AM Total_Builout Page 1 HCM Signalized Intersection Capacity Analysis 108: WCR 20.5 & WCR 49 2030 AM Total_Builout 7/26/2007 k 4\ Lane Configurations ►( t r f r Ideal Flow (vphpl) 1900 1900', 1900 .1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1,00 '' 1.00 Fri 1.00 1.00 0.85 1.00 1.00 0.85 1.00 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 Satd. Flow (prot) 1770 1863 1583 1770 1863 1583 1770 Flt Permitted 0.75 .1 .00 1.00 0.57 - 1.00 1;00 0.08 Satd. Flow (perm) 1396 1863 1583 1060 1863 1583 146 Volume.(vph) !; 40 Peak -hour factor, PHF 0.92 Adj. Flow (vph) j' 43 RTOR Reduction (vph) 0 LaneOGroup Flow (vph) 43 Turn Type pm+pt t r ti 1 d ft 1900-1900'.:,1900 ,1900 1900 4.0 4.0 4.0 4.0 4.0 0.95 1.00 1.00• '0.95 1.00 1.00 0.85 1.00 1.00 0.85 1`.00 1.00 0.95 1.00 1.00 3539 1583 1770 3539 1583 100 1.00 0..2r;11:1)07:':.1.0X) 3539 1583 491 3539 1583 715 185' 80 1380 10 0.92 0.92 0.92 0.92 0.92 777 2011 87 .1478 11': 0 106 0 0 5 -777 95 87 :1478 6 40` 210 ;440 0.92 0.92 0.92 43 228 478 0 95 0 43; 133. ;,478 10' 200 45 0.92 0.92 0.92 11 217 49 0 149 0 11: 88 .49 Permitted Phases Actuated.Green,;(3(s) Effective Green, g (s) Actuate............................ Clearance Time (s) Vehicle Extension (a) Lane Grp Cap (vph) v/s Ratio Prot v/s Ratio Perm v/c ttetlo Uniform Delay, dl PrOOSO#100F#CtOril.H Incremental Delay, d2 Level of Service Approa Delay',(a) Approach LOS 4 166 14.2'; 16.6 14.2 4.0 4.0 3.fl 3.0 Perm pm+pt Perm pm+pt 4 8 8 2 14.2 40.2 33.8 33.8 55.0 :51.0 14.2 40.2 33.8 33.8 55.0 51.0 018 '0,37 0.31 .0.31 0.51 0.47 4.0 4.0 4.0 4.0 4.0 4.0 3.0 'i3.0 30 3.0 3.0 3.0 208 539 583 495 135 1671 c018 0;01 c0.01 0.22 0.08 c0.15 0.04 0.17 0.64 :0.89 0.02 0.14 , 0 86 .0.46 44.5 29.8 25.6 26.6 20.7 19.3 100 1.00 1.00, : 1.00 1.00 100 6.6 16.1 0.0 0.1 1.7 0.9 2.0.2 D DC C C C 39.7 19.6 D B Perm pm+pt Perm 2 6 6 51.0' 56.6. 151.8 51,10 51.0 56.6 51.8 51.8 0.47 0.52 ;0.48 0.48 4.0 4.0 4.0 4.0 3,0 3.0 3.0 3 0 748 314 1697 759 0.01 co,42 0.06 0.13 0.00 0.13 0 28 0.87. 16.0 13.8 25.1 14.7 1.00x- 1.00 1,00 1.00 0.3 • 0.5 • 6.4 • 0.0 16.3 14.3, 31.6 ' 14.7 BBC B 80.5 223 245 0'.00 0,02` 0.03 0.'19 0.18: 39.6 41.7 1'.00 1.00 0.4 0.3 401 42.0? D D 48.3; D HCM Average Control Delay 30.7 HCM Level of Service NOM Volume to Capacity ratio 0.82 Actuated Cycle Length (s) 108.0 Sum of lost time (s) Interception CapacityUtilization 85.0% ICU Level of Service Analysis Period (min) 15 c' Critical Lane'Group. z C 8.0 E Alam Pioneer (LSC # 061100) LSC, Inc. • 2030 AM Total_Builout • Page 1 HCM Unsignalized Intersection Capacity Analysis 103: I-76 WB Ramps & WCR 49 2030 PM Total_Builout 7/26/2007 Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type; Median storage veh) Upstream signa1(ft) pX, platoon unblocked 0.35 vC, conflicting volume 1557 vC1, stage 1 conf vol vC2,.stage2 oonf vol vCu, unblocked vol 744 4019 tt,, single (s) ' 7.5 6.5 tC, 2 stage (s) p0 queue free % 0 100 cM capacity (vehlh) 0 1' 0.35 0.35 4 Stop 0% 10 5 0.92 0.92 11 5 A. 4\ t t ' l 4' Free Free 0% 0% 470 10 2130 0 0 345 1270 0.92 0.92 0.92 0.92 0.92 0.92 0.92 511 < 11 2315 0 0 ':375 1380 t'f 16 434 0.35 0.35 0.35 375 2712 2712 1158 375 375 4019 4019 0 375 6.9 7.5 65 5.9 3.3 . •3.5 4.0 3.3 . "2.2 100 0 0 0 99 623 0 1 382.'1180y, Volu e. Total 527 11 1158 ' Volume Left 11 11 0 Volume Right . 511 0 0 cSH 14 1180 1700 Volume to Capacity 3688 0.01 i' 0.68 Queue Length 95th (ft) Err 1 0 Control Delay (s)i ' ::Err 8.1,; 0.0 Lane LOS F A Approach. Celay`(s) Err " 0.0 Approach LOS F • Average Delay 1143.8 Intersection Capacity Utilization 91.4% 1CU Level of Service Analysis Period (min) 15 . 1158' ^'375 69.0 590 0 0 0 0 0 ". :0 890 890 1700 1700 1700 1700 0.88 " 0.22 041 0,41 " 0 0 0 0 00. . Ben Waldman Pioneer (LSC # 061100) LSC, Inc. 2030 PM Total_Builout Page 1 • • HCM Signalized Intersection Capacity Analysis 144: WCR 49 & 2030 AM Total_Builout 7/26/2007 t t `► Lane Configurations F 4R i' ►I ++ Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 1.00 0,95 ':1.00 1.00 0.95 Frt 1.00 0.85 1.00 0.85 1.00 1.00 Flt Protected 0.95 1.00 1.00 1.00 0.95 1,00 Satd. Flow (prot) 1770 1583 3539 1583 1770 3539 Flt Permitted . 0.95 1:00` 1.00 1.00 0,26 1.00 Satd. Flow (perm) 1770 1583 3539 1583 484 3539 Volume (vph) : ; 275 125 820 . 95 40 2010 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Adj, Flow (yph) 299 138' 891 ; = 103 43 2185 i' RTOR Reduction (vph) 0 0 0 0 0 0 Lane Group Flow (vph) 299 136 891 103 43 2185 Turn Type Free Free pm+pt Protected Phases: 2- • _ 1 .. 6 Permitted Phases 8 Free Free 6 Actuated Green, G (6) 2.0.9 100.0 84.0 100.0 71.1 '71,1, Effective Green, g (s) 20.9 100.0 64.0 100.0 71.1 71.1 Actuated g/C Ratio 0.21 . 1.00' 0.64 4.00 :0.71:. 0.71 Clearance Time (s) 4.0 4.0 4.0 4.0 Vehl le Extension (s) 3.0- 3,0. .3 0 3,0 . ,• Lane Grp Cap (vph) 370 1583 2265 1583 384 2516 v/sRatio Prot 0.26 0.00; "a0.62 v/s Ratio Perm c0.17 0.09 0.07 0.08 vie Ratio 0 81 0.09 . 0.39 ''0,07..0.11 O87 , Uniform Delay, d1 37.6 0.0 8.7 0.0 5.1 10.9 Propressiof Fgrttor 1.00 : 1.00 2.31 9 Q0 9.00 1.00 Incremental Delay, d2 12.2 0.1 0.4 0.1 0.1 4.4 Level of Service D A C A A B Approaoh Delay.(s) 34.3 18.3 15..1 Approach LOS C B B HCM Average Control Delay 18.3 HOWL Volume to,Capacaty.ratio 0.85; Actuated Cycle Length (a) 100.0 Intersection Capacity+ Utilization `: 77.5% ' Analysis Period (min) 15 ej. iiiiiiiiiiiii4wppup;.::::::::1:H.:•;:ii..;••:;; HCM Level of Service Sum of lost time (s) ICU •Level of Service B Alam Pioneer (LSC # 061100) LSC, Inc. 2030 AM Total_Builout • Page 1 PIONEER AGRICULTURAL DEVELOPMENT PLAN Status Update July 17, 2008 • Please note the latest General Update to the Pioneer Farms Agricultural activities: Pioneer has contracted the services of Optimal Resource Management as its Farm Management Agent, and has established model Farm Lease Contracts in an effort to prepare for future growth and success in its agricultural operations. Pioneer is currently continuing its work with Optimal Resource Management to manage existing farm leases and refine the Agricultural Development Plan with the phasing of various agricultural practices by quarter section and time. • • Phase 1 b Initial agricultural improvement area: 25 Acres Install Drip Irrigation, & Cultivate for 2009 farming season. r _ t • Phase la Initial agricultural improvement area: 65 Acres Drip Irrigation Installed, & currently under cultivation. Phase 2a agricultural improvement area: 65 Acres Install Drip Irrigation, & Cultivate for 2009 farming season. The current plan continues to consist of bringing various Sections under cultivation using drip irrigation systems, while keeping others under center pivot irrigation systems. The current crop considerations include trees, shrubs and produce via drip systems, and sod, or standard crops via center pivot systems. The above graphic represents the current thoughts on phasing and irrigation practices for those lands west of Box Elder Creek. Currently Pioneer has Phase la (65 acres in Section 13) under cultivation and is planning to bring Phases 1 b & 2a under drip irrigated cultivation in 2009 using a state of the art drip irrigation system. The area in Section 14 will not be the same system developed in Section 13 as it is intended to be a possible tree nursery at this time. 1 PIONEER AGRICULTURAL DEVELOPMENT PLAN Status Update July 17, 2008 • The timirpg of other future drip irrigation installations west of Box Elder Creek will be tied to crop piroduction. During the period while these lands are awaiting installation of drip systems it will be farmed using existing center pivot irrigation, water permitting. Pioneer' focus on drip irrigation is intended to provide the most sensitive use of our water resources while enhancing the economic viability of the agricultural operations in the Pioneer Development and the County. Pioneer envisions a leading edge agricultural operation that is water sensitive, flexible, and economically successful. Those lands within the Pioneer boundary that are located east of the Box Elder Creek are to remain under their current agricultural practice until development actually takes place. The majority of this land is range land for cattle ranching (See graphic below). There are however current cultivated and irrigated lands that are located in the Southeast Quarter of Section 18 & the Southwest Quarter of Section 17. • • Both the Southeast Quarter of Section 18 & the Southwest Quarter of Section 17 are currently Zoned Agricultural by the initial Change of Zone application. While these quarter sections will remain in cultivation up to the point that development were ever to take place, they are not included in the plans for conversion to Drip Irrigation. The geographic separation with a road that the County has proposed as a strategic highway makes conversion to on -going drip systems problematic. r-' a strip cultivated lard with pbons for oorwetsnn to drip otherr ligation mittens - See Mailed phasing rile i . ., AMISS. 1 516 Q Y syl see 4' ,; f r f Ernbrq Cattle lenge land with noIngpWn to renew u+hI lend 4s developed V a a liar ae• TT• east es6P 41111•+••erica 77 • 6 :. Existing cultivated land with Center Pivot irrigation to urran unless until land b developed • II • t 3 . Er etng cultivated lard wth cities nyrion b team unless b until land i developed e• _ .. • C Existing Range to remain range until developed. Existing cultivated & irrigated lands to remain range until developed. 17 2 ays PIONEER AGRICULTURAL DEVELOPMENT PLAN w • • Status Update July 17, 2008 Please note the latest Specific Updates relative to Pioneer's future Agricultural plans with Optimal Resource Management and the conversion of Sec 17 & 18 from agriculture to residential and sec 2 keeping as agriculture please note the following: 1. The agricultural quality of the subject portions of Sections 17 & 18 are currently of superior quality to that of Section 2 for a couple of reasons; a) the soil is in better shape since it has been subject to continual cultivation and enhancement; and b) there are fewer oil and gas impacts and topography. 2. The two Qtr Sections of 17 & 18 involved with the proposed Comprehensive Plan Amendment were initially slated as Prime Agricultural lands due to the existence of active cultivation using center pivot irrigation. 3. All future agricultural activity and future enhancement/redevelopment is proposed to be coordinated on the west side of Box Elder Creek in order to maximize current cultivated land use and farming efficiencies. 4. Section 2 while less desirable from a center pivot cultivation basis is not slated for center pivot irrigation. Future Farming of the Pioneer Agricultural lands is currently planned to be a drip irrigation system. That is to say, as phases of installed drip systems are brought on line, and those lands begin to function in an economically positive manner, existing center pivots will be replaced with drip systems. This is not an overnight replacement and will proceed at a pace to be determined by the experience gained during these initial phases. 5. Based on the fact that Section 2 will be irrigated by some type of drip system(s) the configuration of the cultivated areas can vary greatly. Furthermore, some farming practices may not require cultivation, such as tree farming, etc. 6. Currently the north half of the NW Qtr of Section 13 (65 acres) is under drip irrigation and is our pilot phase for this water saving irrigation method. This farming season Phase One has been planted with corn, but the system lends itself to various plantings including typical truck farming. As Section 2 comes on- line soils will be amended and it to will be, like phase 1, an area where the type of farming can vary. Of primary importance to the future agricultural enhancement/redevelopment of Pioneer is the efficiency of its practice. Irrigation systems, water delivery, and proximity to and efficiency in use of farm equipment are key components to that future success as well as of the future success of all agricultural activity in the County. 3 January 21, 2008 Attention: Weld County Planning Services Mr. Brad Mueller Ms. Michelle Martin Regarding: Authorization and Consent for representation to amend the Weld County Comprehensive Plan and the SouthEast Weld Mixed Use Development Map submittal on behalf of HP Farms LLC and Prospect Farms II Holdings LLC . AUTHORIZATION AND CONSENT This consent authorizes Reutzel & Associates LLC, as agent to execute and deliver applications to the County, address and negotiate issues arising from such Land Use Applications or other application documents related to the proposed planning and development of the property owned by HP Farms LLC and Prospect Farms II Holdings LLC and described in the respective Amendment applications referenced above. This consent is granted with an understanding that HP Farms LLC and Prospect Farms II Holdings LLC has the financial obligations for expenses incurred to Weld County with reference to the evaluation of these applications. The Operating Agreement of HP Farms LLC (Section 8 excerpt attached) represents that I, Joel H. Farkas, am a Manager with signatory authority to sign on behalf of the Company. The Operating Agreement for Prospect Farms II Holdings LLC authorizes me, Joel H. Farkas, to direct, manage and control the business of the Company. Therefore, full power and authority to represent the entitlements required for the Comprehensive Plan and Map amendments for the Property more fully described in the respective applications with Weld County has been presented with my signature. worn to before me this y commission expires _ day of January, 2008 by o; ac LO Notary Public • • WELDCOU Parcel Summary a Parcels: 130517300028 • HP FARMS LLC ddreu:4643 S ULSTER ST STE 1300 y: GEIR ER fate: CO Code=9023' erAccounts or this Parcel Ts etail Information: of Account's t a ..Lr. r':, r n'. 0 t« I• 4 P4..44 u t. t ax Sunman cacaos otal Taxes- rnou•t Due: HI Leery: ax Yawn R2199403 $334.40 $0.00 64 933 2006 WELDCOU N TY parcel Summary Raruts:13051700GG:_` utter HP FARMS tic ddresa:4643 S ULSTER 5T STE 130: Ry: CEK.'ER tate:: CC ip Code:90237 titer Accounts on this Parcel = of Accounts t *tall IYformatioir F.;; ANI1 t IL". t'i az Sturman ccogM• Dual Taxes mount Ott IN Levr ax Year: R5073266 6691.18 $0.06 61-712 2006 K Is It 18 n 9 17 ca s 24 17 • 111 CRZ x t t ►305 1X300028 -gyp Fpm 1.'O5 0)&0016 iipf-pemetid. t • • • • • WE DCOtUt�TY Parcel mammary a.ca *: 13051840000T 0 5 1 8400407 MP LJIAMS Lit ss4643 S ULSTER ST STE 1300 CVL:ER CC Codt:80237 tier Accounts on this Parcel ccaeau T'. e = of Accotmt's Oi 1 eta? laformatioa: CZ= OM Tax Summan Accounts Total Texts. Amount Chit Nil Levy: Tax Year. built/ 1At.rll R4683107 $0.00 50.00 2005 WELDCOU t'ITY parcel Summary Parcels: 130519440006 MP FARRt5 LLC ddrenr4643 S ULSTER Fr STE :3: DRIVER tit: CO Ip Coda:90237 etai Isforaahoa: I All r m iy l/ a*. . ti t‘ i ax Summary ©yea otel ieaoas oncost Os *levy: ax Titan 9UN DING 94693007 S0.00 $0.00 2005 §-spar:-' etrswl:4sry aysa;stt-N.i,"Tv -ter 4t rrMv-'far- 3: Tad etirrsram r "'Ur -*'W Aq..rrz 7n ?nnt.t SC PS Sr ?C7r I sarct� : Stirs `-rvrv-i crra Cain.- First 7C1 r rrr,ars :a -:.+r'two is •m vnLsat 1s 11 E 17 17 PtIAA CR n 20 3b5 18LI 00007 14-p f,A0"''s lA-C 1'X05 I m. D O 00 Cp 4\-O�now, S USG . • • WE DCOUNTY Parcel Summary Parcel*. 130702000011 r: HP FARMS (LC ddress:4643 S ULSTER FT STE 1300 In DENVER te: CO '.7p Code:80237 Other Accounts or this Parcel /Account Type = of Accowis 011 c tali Norma ra rir., rr,• az Seaman' ROI. total'. R5L28186 111830 $c.c0 61.396 2006 WELDCOUNTY� Cia parcel Summary Pamela t130702000001 ptawar. HP WARMS LLC Ad/rasu4643 S ULSTER £T STE Ot►: DENVER State CO 270 Codea8023' 13C: tier Accounts or this Parcel of Account's 6 *tail Isformatior: t ..•. f' • I vv f•Rr Gana lagEgal Tax Summary Account*. Total Taxes. Amount Dve- r4S Levy: In Year. R5127E$6 1110 52 so 00 61.396 2006 i3n7D2 a000 .liffmnA.5 Litz, 13010200000 I •Ij-1) risiarns t • Report Date: 01/23/2008 02:46PM WELD COUNTY TREASURER CERTIFICATE OF TAXES DUE Page: 1 CERT #: 1150 SCHEDULE NO: R5073286 ASSESSED TO: HP FARMS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 ORDER NO: JF COMPANIES VENDOR NO: 77 FIDELITY NATIONAL TITLE 8450 E CRESCENT PKWY STE 410 GREENWOOD VILLAGE CO 80111 LEGAL DESCRIPTION: 8388 SW4NW4/W2SW4 17-2-64 EXC PARCEL: 130517000015 TAX YEAR CHARGE TAX AMOUNT INTEREST FEES 2007 TAX 793.32 0.00 0.00 TOTAL TAXES UPRR RES (4R) SITUS: 9561 51 RD WELD 00000 SITUS ADD: 9561 51 RD WELD PAID TOTAL DUE 0.00 793.32 793.32 GRAND TOTAL DUE GOOD THROUGH 01/23/2008 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 3847 - Authority WELD COUNTY 16.804* SCHOOL DIST RE3J 30.708 CCW WATER 0.487* HUDSON FIRE 3.536 AIMS JUNIOR COL 6.308 WELD LIBRARY 3.253 SOUTHEAST WELD CONSERVATION 0.000 PIONEER METRO #1 0.000 PIONEER COMMUNITY LAW ENF 7.000 793.32 TAXES FOR 2007 Credit Levy FEE FOR THIS CERTIFICATE 10.00 Mill Levy Amount Values Actual Assessed 195.78 AGRICULTURAL 40,172 11,650 357.75 5.67 TOTAL 40,172 11,650 41.19 73.48 37.90 0.00 0.00 81.55 68.096* 793.32 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 AND MOBILE HOMES - AUGUST 1, • REAL PROPERTY - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 23rd day of January, 2008. TREASURER, WELD, JOHN R. LEFEBVRE, BY: P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 • • • Report Date: 01/23/2008 02:48PM WELD COUNTY TREASURER CERTIFICATE OF TAXES DUE Page: 1 CERT #: 1152 SCHEDULE NO: R4683007 ASSESSED TO: HP FARMS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 ORDER NO: JF COMPANIES VENDOR NO: 77 FIDELITY NATIONAL TITLE 8450 E CRESCENT PKWY STE 410 GREENWOOD VILLAGE CO 80111 LEGAL DESCRIPTION: PT SE4 18-2-64 BEG COMM SW COR SE4 SEC 18 NO1D02W 283.71' TO POB NO1D02W 208.71' N89D07E 208.71' S01 D02E 208.71' S89D07W 208.71' TO POB PARCEL: 130518400006 SITUS ADD: TAX YEAR 2007 2007 CHARGE PROCESSING FEE TAX TOTAL TAXES TAX AMOUNT 5.00 0.62 INTEREST 0.00 0.00 FEES 0.00 0.00 PAID 0.00 0.00 TOTAL DUE 5.00 0.62 5.62 GRAND TOTAL DUE GOOD THROUGH 01/23/2008 5.62 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 3780 - Authority WELD COUNTY SCHOOL DIST RE3J CCW WATER HUDSON FIRE AIMS JUNIOR COL WELD LIBRARY SOUTHEAST WELD CONSERVATION TAXES FOR 2007 * Credit Levy FEE FOR THIS CERTIFICATE 10.00 Mill Levy Amount Values Actual Assessed 16.804* 0.18 AGRICULTURAL 24 10 30.708 0.31 0.487* 0.00 TOTAL 24 10 3.536 0.04 6.308 0.06 3.253 0.03 0.000 0.00 61.096* 0.62 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 AND MOBILE HOMES - AUGUST 1, REAL PROPERTY -AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real properly and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 23rd day of January, 2008. TREASURER, WELD, JOHN R. LEFEBVRE, BY: P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 faL • • • • Report Date: 01/23/2008 02:49PM WELD COUNTY TREASURER CERTIFICATE OF TAXES DUE Page: 1 CERT #: 1154 SCHEDULE NO: R5127886 ASSESSED TO: HP FARMS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 ORDER NO: JF COMPANIES VENDOR NO: 77 FIDELITY NATIONAL TITLE 8450 E CRESCENT PKWY STE 410 GREENWOOD VILLAGE CO 80111 LEGAL DESCRIPTION: W2 2-2-65 (10S4R) SITUS: WELD 00000 PARCEL: 130702000001 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES 2007 TAX 110.20 0.00 0.00 TOTAL TAXES PAID TOTAL DUE 0.00 110.20 110.20 GRAND TOTAL DUE GOOD THROUGH 01/23/2008 ORIGINAL TAX BILLING FOR 2007 Authority WELD COUNTY SCHOOL DIST RE3J CCW WATER CCS WATER AIMS JUNIOR COL WELD LIBRARY PLATTE VALLEY CONSERVATION 110.20 TAXES FOR 2007 Credit Levy FEE FOR THIS CERTIFICATE 10.00 TAX DISTRICT 3858 - Mill Levy Amount 16.804' 31.75 30.708 58.04 0.487* 0.746" 6.308 3.253 0.000 Values Actual Assessed AGRICULTURAL 6,503 1,890 0.92 TOTAL 1.41 11.93 6.15 0.00 58.306' 110.20 6,503 1,890 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 AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY • COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 23rd day of January, 2008. TREASURER, WELD, JOHN R. LEFEBVRE, BY: P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 • Report Date: 01/23/2008 02:49PM WELD COUNTY TREASURER CERTIFICATE OF TAXES DUE Page: 1 CERT #: 1154 SCHEDULE NO: R5127886 ASSESSED TO: HP FARMS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 LEGAL DESCRIPTION: W2 2-2-65 (10S4R) SITUS: WELD 00000 PARCEL: 130702000001 SITUS ADD: TAX YEAR CHARGE 2007 TAX TOTAL TAXES WELD TAX AMOUNT INTEREST 110.20 0.00 ORDER NO: JF COMPANIES VENDOR NO: 77 FIDELITY NATIONAL TITLE 8450 E CRESCENT PKWY STE 410 GREENWOOD VILLAGE CO 80111 FEES 0.00 PAID TOTAL DUE 0.00 110.20 110.20 • GRAND TOTAL DUE GOOD THROUGH 01/23/2008 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 3858 Authority Mill Levy WELD COUNTY 16.804* SCHOOL DIST RE3J 30.708 CCW WATER 0.487* CCS WATER 0.746* AIMS JUNIOR COL 6.308 WELD LIBRARY 3.253 PLATTE VALLEY CONSERVATION 0.000 TAXES FOR 2007 * Credit Levy FEE FOR THIS CERTIFICATE 10.00 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 AND MOBILE HOMES -AUGUST 1, REAL PROPERTY - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 23rd day of January, 2008. 110.20 Amount Values Actual Assessed 31.75 AGRICULTURAL 6,503 1,890 58.04 0.92 TOTAL 6,503 1,890 1.41 11.93 6.15 0.00 58.306* 110.20 TREASURER, WELD, JOHN R. LEFEBVRE, BY: P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 fd-4 • • 0 4 cd 11111111111111111liii 11111111111111111III111111111 IIII 274 3280274 04/25/2005 01:43P Weld County, CO , 1 of 31 R 156.00 0 950.00 Steve Moreno Clerk & Recorder Special Warranty Deed (HP) This Deed, made as of the 20th day of April, 2005, by and between Perkins Land & Livestock II, LLC, a Colorado limited liability company, as grantor ("Grantor"), and HP Farms LLC, a Colorado limited liability company, whose legal address is 9145 E. Kenyon Avenue, Suite 200, City and County of Denver, State of Colorado, as grantee ("Grantee"), Witnesseth, Grantor, for and in consideration of the sum of Nine Million Five Hundred Thousand Dollars ($9,500,000), the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, and subject to those matters set forth on Exhibit B attached hereto and made a part hereof by reference. To Have and to Hold the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that she shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor. In witness whereof, Grantor has executed this Deed on the date set forth above. Perkins Land & Livestock II, LLC, a Colorado limited liability company By: (key- rt- "ati.o, n upm-io: .PA.kuA ts, gt45E.vszolor,Ave..i Pthvvr (A '602-31' P. David Perkins, Manager • 1111111111111111111111 11111[0111111111II11111111111111 3280274 04/25/2005 01:43P Weld County, CO 2 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this X±' day of April, 2005, by P. David Perkins, as Manager of Perkins Land & Livestock II, LLC, a Colorado limited liability company, on its behalf My commission expires: I S'0a Witness my hand and official seal. (SEAL 2 I i i i • Operating Agreement of PIP Farms LLC a Colorado limited liability company 476555.1 I • • I I I I I I I I I I I I I I I (b) Recapture. In the event Company Code §38 property is disposed of • during any taxable year, Profits for such taxable year (and, to the extent such Profits are insufficient, Profits for subsequent taxable years) in an amount equal to the excess, if any, of (1) the reduction in the adjusted tax basis (or cost) of such property pursuant to Code §50(c), over (2) any increase in the adjusted tax basis of such property pursuant to Code §50(c) caused by the disposition of such property, shall be excluded from the Profits allocated pursuant to Section 7.] of this Operating Agreement and shall instead be allocated among the Members and Transferees in proportion to theft respective shares of such excess, determined pursuant to Sections 7.4(c) and 7.4(d) of this Operating Agreement. In the event more than one (1) item of such property is disposed of by the Company, the foregoing sentence shall apply to such items in the order in which they are disposed of by the Company, so that Profits equal to the entire amount of such excess with respect to the first such property disposed of shall be allocated prior to any allocations with respect to the second such property disposed of, and so forth. 7.8 Income Tax Consequences. The Members are aware of the income tax consequences of the allocations made by this Section 7 and hereby agree to be bound by the provisions of this Section 7 in reponing their share of Company Profits and Loss for income tax purposes. 7.9 Transfer of Percentage Interests. Subject to Code §706, if a Percentage Interest is Transferred during a Company Accounting Year, that part of the Company's Profits and Losses (including, for income tax purposes, all items of income, gain, loss and deduction) and items of Company Credit allocated pursuant to this Section 7 with respect to the interest so transferred shall be allocated between the Transferor and the Transferee who acquires such interest in proportion to the number of days in such year during which each owned such interest as disclosed in the Company's records. Subject to Code §706, the allocation required by this Section 7.9 shall be made without regard: (a) to the results of Company operations during particular periods of such Company Accounting Year or (b) to Company distributions made to the Transferor. or Transferee. Notwithstanding the foregoing, but subject to Code §706, items of Company Profits or Losses earned or incurred on the sale, exchange or other disposition of any Company asset other than in the ordinary course of the Company's business, and items of Company Credit, shall be allocated to the Member or Transferee owning the Percentage Interest at the time of the closing of said sale, exchange or other disposition of such Company asset other than in the ordinary course of the Company's business, or at the time the property with respect to which a credit is allowed is placed in service. 8. Rights and Duties of Managers and Members. 8.1. Management. Subject to the limitations in Section 8.4, the business and affairs of the Company shall be managed by its designated Managers. The Managers shall direct, manage and control the business of the Company to the best of Manager's ability and shall have full and complete authority, power and discretion to make any and all decisions and to do any and all things which the Managers shall deem to be reasonably required in light of the Company's business and objectives. Any action to be taken pursuant to this Operating Agreement by the Managers may be taken by either Manager The signature of either of the Managers is sufficient when acting on behalf of the Company. • • 476555.1 • • • • • 8.2 Number Tenure and Qualifications. The Company initially shall have two (2) Managers, Joel H. Farkas and Harvey E. Deutsch, each of whom shall serve until their resignation pursuant to Section 8.8 or removal pursuant to Section 8.9 of this Operating Agreement. 8.3 Certain Powers of Managers. Without limiting the generality of Section 8.1 of this Operating Agreement but subject to the limitations in Section 8A of this Operating Agreement, the Manager shall have power and authority, on behalf of the Company: (a) To acquire property from any Person as the Managers may determine. The fact that a Member or Managers is directly or indirectly affiliated or connected with any such Person shall not prohibit the Managers from dealing with that Person; (b) To borrow money for the Company on such terms as the Managers deems appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of the borrowed sums. No debt shall be contracted or liability incurred by or on behalf of the Company except by the Company's Managers; (c) To purchase liability and other insurance to protect Company Property and its business; (d) To hold and own any Company real and/or Personal property in the name of the Company; (e) To invest any Company funds temporarily (by way of example but not limitation) in time deposits, short-term governmental obligations, commercial paper or other investments; (f) To execute on behalf of the Company all instruments and documents, including checks, drafts, notes and other negotiable instruments, mortgages or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage, construction, operation, maintenance or disposition of Company Property, deeds, assignments, bills of sale, leases, partnership agreements, joint venture agreements, operating agreements, and any other instruments or documents necessary, in the opinion of the Managers, to the business of the Company; (g) To employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds, (h) To enter into any and all other agreements on behalf of the Company, with any other Person for any purpose, in such forms as the Managers may approve; (i) To do and perform all other acts as may be necessary or appropriate to the conduct of the Company's business within or without the State of Colorado; and (j) To appoint employees and agents of the Company, to define their respective duties and to establish their respective compensation amounts. (k) To sell, lease or otherwise dispose of all or substantially ;I! of the assets of the Company as part of a single transaction or plan so log as such disposition is not in violation of or cause of a default under any other agreement to which the Company may be bound. 476555.1 -12- I 1 I I I I I I I I I • ■ In Witness Whereof, this instrument has been executed by or on behalf of the Managers and the Members on the date or dates indicated below to be effective the 23rd day of November, 2004. Date of ecuti E on Dale o E/7tiJOS Resignation of Manager of HP Farms LLC (HED) Harvey E. Deutsch hereby gives notice to each of the members of HP Farms LLC, a Colorado limited liability company (the "Company"), of his resignation as Manager of the Company, which shall be effective the 11th day of September, 2006. 'Deutsch, individually Joel H. Farkas, as Manager of the Company, hereby accepts the resignation of Harvey E. Deutsch, effective as of the date stated above. • • HP Farms a Colo By: ited liability company Joel . Farkas, Manager •� • • • • I CARROLL& LANGE 165 South Union Boulevard, Suite 156 Lakewood, CO 80228 Ph: 303-980-0200 Fax: 303-980-0917 July 21, 2008 JN: 3325 Tom DiRito Pioneer Communities 4643 South Ulster Street, Suite 13000 Denver, CO 80237 Re: Pioneer / Drainage Overview for the Southeast Quarter of Section 18 And Southwest Quarter of Section 17 Dear Tom: The southeast quarter of Section 18 and southwest quarter of Section 17 were included in the study area of the Change of Zone Master Drainage Report for Pioneer, dated May 20, 2008. Currently, the subject area is undeveloped agricultural land and was assumed to remain as an agricultural land use in the report. This letter acknowledges that the land use assumption for the subject property in the report will need to be revised to assume a single-family detached residential use. It is also noted that proposed drainage concepts and calculations will need to be amended as well. Carroll & Lange understands a maximum of 1,000 dwelling units equating to an approximate gross density of 3.1 dwelling units per acre is being proposed for the subject area. The subject area was included within sub -basins HU-5 and C-1 for the historic and proposed drainage evaluation, respectively. Historically, the area drains in a northeasterly direction and is tributary to the unnamed drainageway, which is an existing unimproved drainageway to the east of the property. Runoff drains via overland sheet flow and concentrates in a wide naturally formed swale that drains to the north and discharges into the aforementioned drainageway. The 100 -year floodplain does not encroach onto the subject site. As indicated previously, the subject area was assumed to remain as an agricultural use, therefore developed peak runoff rates for the 5 -year and 100 -year storm event were not determined and drainage improvements such as storm sewer and a detention facility were not applicable. However, to limit historic and offsite runoff from draining into a developed area, a shallow open channel was proposed. This channel was to be aligned along the northern boundary of the subject area (the north line of the southeast quarter of Section 18 and southwest quarter of Section 17) and would convey runoff east to the unnamed drainageway. • • Tom DiRito Pioneer Communities July 21, 2008 JN: 3325 Page 2 Presuming the subject area will be rezoned, proposed drainage assumptions and calculations would need to be updated. This will include determining developed peak runoff rates for the 5 -year and 100 -year storm event. Detention for the area will also need to be proposed. This may include sizing and locating an additional pond or resizing a pond currently described in the report. It is recommended that this detail could be provided either by an addendum to the report or by a separate sketch plan drainage report. It should also be noted that the drainage analysis for the subject area would be a preliminary assessment with a level of detail similar to that provided in the Change of Zone Master Drainage Report for Pioneer. A level of detail needed for final design would be provided during the final platting process. Should you need any additional information or clarification, please contact me. Sincerely, CARROLL & LANGE, INC. Clifford D. Netuschil, PE Sr. Project Engineer cl cc: Paull Nation, Pioneer Communities Joy McGee, Reutzel & Associates Daryl Lindeman, Carroll & Lange, Inc. E/R Hello