HomeMy WebLinkAbout20081505.tiff 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 # /$_ - 'CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
eC ff ockiNc,.tfrA def'NM)A5 • PutHkA 4 Wtt.v Mixer. UK- Ptw�to�w Are"
"
Parcel Number nnnn -nn -n- nn -nnn
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or vArnx.co.weld.co.us).
Wu.,1iewsM M U O --
Legal Description 0"10fAfOl.H1.C ,Section _, Township_North, Range West
Property Address(If Applicable)9a1t)4E.Ast YYG.1.o MOD _TotalAcres C5
4r�eUA .u.Yvescribed AdS im 1WMcleseettoMof vvc* 'F9,&No w 2 more ore or e44
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)
Name: - ?OPSe 1 *4M Eh N VUit1 JUG i $ 41'
tL - 7 ddAgIcos JMNA6l%R—
Work Phone# lEe p erre•# Email Address e, , o e6 Ai
Address: ''{ref C-tl i � 237�A c. lsone j tow�Pe,ttie.4•co
City/State/Zip Code Ri
Name: A 12L' . 3 .I. T1 •FA2K4S , MANA�WZ•
Work Phone# _H # 303S4 Olsl'3 Email Address _
Address: 3Uls'I 5t. Sul IzilOD
City/State/Zip Code Ikea-Nett- Go X20237
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany ap/akcations signed by Authorized Agent)
NameC E 2f1. r H izo % 14O4 zet., 666 .
Work Phone#305cogil•t48LH # 3144141•se,I Email Address r(A1r6UrtelAwde4yoG.lovn
Address: co
Address: y=EN yoi., Ave. Shits LOO I reit",I And 44sn'.co.
City/State/Zip Code'DLNV r (v Ro237
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
signatory has ority to sign for the corporation.
~,3l1 D$
Signatu e: Own r or Authorized Ag= t Date Signature: Owner or Authorized Agent Date
-4-
EXHIBIT
I
2008-1505
• •
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.
Joel H. Farkas
Sub; + ,-en, gr 1worn to before me this a day of January, 2008 by
Ja �' . �iy commission expires 1,2_. pglap LO
•
i D0L0RES M.1 �'
JARAMILLO I
Notary Public
• •
Unanimous Consent in Lieu of
Meeting of the Board of Directors
of
Pioneer Communities Inc.
Pursuant to the Colorado Business Corporation Act and the bylaws of the Corporation,
the undersigned, being all of the Directors of Pioneer Communities Inc , a Colorado corporation
(the "Corporation"), unanimously adopt the following corporate actions without a meeting:
Resolved, by unanimous consent and vote of all the directors of the Corporation, the
following officers are elected to the position opposite their names, to serve until the next annual
meeting of the Directors and until their successors shall be elected and entered into the duties of
office:
Joel H. Farkas President
Christopher R Paulson Vice President and Secretary
Jeffrey K Prager Treasurer
Each of the undersigned hereby waives all notices of meeting. The foregoing Unanimous
Consent in Lieu of Meeting of the Board of Directors (the"Consent") sets forth all necessary
actions taken and the undersigned Directors hereby give consent and approval to any.such action.
In witness whereof, the undersigned have executed this Consent to be effective as of the
11th day of September, 2006.
DIRECTORS
•
Joel H. Far , D r:
a-c*•
topher R Paulson, Director
I
�I
9
Unanimous Consent in Lieu of
Meeting of the Stockholders
of
Pioneer Communities Inc.
Pursuant to the Colorado Business Corporation Act and the bylaws of the Corporation,
the undersigned, being all of the Stockholders of Pioneer Communities Inc., a Colorado
corporation (the "Corporation"), adopt the following actions without a meeting:
Resolved, by unanimous consent and vote of all of the outstanding shares of the
Corporation, JOEL H FARKAS and CHRISTOPER R. PAULSON are elected as the Directors
of the Corporation, to serve until the next annual meeting of the Stockholders and until their
successors shall he elected and entered into the duties of office;
The under signed hereby waive all notices of meeting. The foregoing Unanimous
Consent in Lieu of Meeting of the Stockholders (the "Consent") sets forth all necessary actions
taken and the undersigned Stockholders hereby give consent and approval to any such action
In witness whereof, the undersigned have executed this Consent to be effective as of the
I 1th day of September, 2006.
STOCKHOLDERS:
JHF Holdings LLC,
a Colorado 1' liability company
By:
Joel H. arkas, Manager
I
Cpie LLC,
a Colorado limited liabili ' any
By
stop er R Paulson, Manager
I
I
I
I
I
I
I
1 Operating Agreement
or
I
PIP Farms LLC
lia Colorado limited liability company
p
i
v
I
G
I
I
I
$
I
I
II
It 976555.1
• •
1
(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) man 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 7.1 of this Operating
Agreement and shall instead be allocated among the Members and Transferees in proportion to their
respective shares of such excess, determined pursuant to Sections 7A(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 reporting 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 frill
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 8.4 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;
(1) 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;
(1) 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 all f 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.
4765551 -I2-
• •
In @fitness 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,
?004.
MAN
� va �
Date of E ecution Joel H. F as, 1,/a
7M oS ,/ � ��
Date o Ex ution y F. Deutsch, Manager
I
•
I
I
I
I
I
I
Resignation of Manager of HP Farms LLC
(LIED)
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.
arvvy . 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 Color o li ited liability company
By:
Joel . Farkas, Manager
III III
REUTZEL & AssocIA'i ES, LLC
ATTORNEYS AT LAW
9145 EAST KENYON AVENUE.SUITE 31)I Land Use/Zoning
DENVER,COLORADO 80237 Real Estate
Telephone(303)694-1982 Annexations
Fax(303)694-3831 Community Associations
www.reutzelandassnc.com Oil and Gas
Local Government
JACK E REUTZEL
jackla reutzelandaasoc.com
January 31, 2008
Thomas Honn, Planning Director
Michelle Martin, Planner 11
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Re: Southeast Weld Mixed Use Development Amendment
Dear Tom and Michelle:
The undersigned as legal representative and authorized agent for Pioneer
Communities, Inc. and HP Farms LLC hereby submit thirty(30) copies of a proposed
language amendment to Section 22-1-150 of the Weld County Code. As more fully
discussed in the attached materials, (see Exhibit A), this amendment proposes criteria to be
applied in reviewing requests for amendments to the Southeast Weld Mixed Use District.
Also attached hereto, as Exhibits B and C, are proposed amendments to the Southeast
Weld Mixed Use L}istrict Structural Land Use Plan. I acknowledge staffs position that no
substantive review of these amendments will be undertaken until final action on the language
amendment request has been taken. Pursuant to our earlier telephone conversations
regarding the status of these amendments I am submitting four(4) copies of each amendment
request.
On behalf of my clients, 1 look forward to working with Weld County Planning Staff
once again.
Very Truly Yours
REUTZEL & SSOCIAT S, LLC'
By: -_.-
Ja 7 E. eutzel
Exhibit A—AMENDMENT#1
MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN,
COMPREHENSIVE PLAN AND MAP STRUCTURAL LAND USE MAP
AMENDMENT SUBMITTAL
Southeast Weld Mixed Use Development Area
Amendment# 1—February 2008 -Language amendment
Application fee-$1500
Exhibit B—AMENDMENT#2
MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN,
COMPREHENSIVE PLAN AND MAP STRUCTURAL LAND USE MAP
AMENDMENT SUBMITTAL
Southeast Weld Mixed Use Development Area
Amendment#2—February 2008 -Map revision
Modify designation for Section 2 T2NR65W from Residential to Agricultural
and SE Y,Section 18 and SW'A Section 17 T2N R65W from Agricultural to Residential
affected Parcel numbers-
1305-17-3-00-028 (less approximately 12+acres already designated residential )
1305-17-0-00-015 (less the SW'A of the NW'A)
1305-18-4-00-007
1305-18-4-00-006
1307-02-0-00-011
1307-02-0-00-001
Application fee -$4200.00
Exhibit C—AMENDMENT#3
MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN,
COMPREHENSIVE PLAN AND MAP STRUCTURAL LAND USE MAP
AMENDMENT SUBMITTAL
Southeast Weld Mixed Use Development Area
Amendment#3—February 2008 -Map revision
Include W X Section 5 T2N R64W into SE Weld MUD area and designate as Residential
affected Parcel number- 1305-05-0-00-010
Application fee-$1500.00
• III
•
Colorado Business Bank 2050
Pioneer Communities Holdings LLC 821 17th Street
4643 S Ulster Street P 0 Box 8779
Suite 1300 Denver,CO 80201 1303) 293-2265
Denver, CO 80237 23-320/1020
CHECK NUMBER DATE AMOUNT
2050 Jan 25, 2008 ****$1, 500 . 00
PAY One Thousand Five Hundred and 00/100 Dollars
TO THE
ORDER WELD COUNTY PLANNING / I
OF
i
l(Y--C- -
AuModzed emu
ii' 20 50 O 1: LO20032D61: 32 3256`/611'
Pioneer Communities Holdings LW 2050
REF. NUMBER DESCRIPTION INVOICE DATE INVOICE AMOUNT DISCOUNT TAKEN AMOUNT PAID
1.25.08 PIONEER-SE MUD LANGUAGE 1/25/08 1,500. 00 1,500.0'
CHECK DATE CHECK NUMBER PAYEE DISCOUNTS CHECK AMOUNT
TAKEN
1/25/08 2O50 WELD COUNTY PLANNING $1, 500 . 1
FORM#PTWIN APCHK rev 11/21102 TRAN6-MCRO ELECTRONIC FORKS 10001 749.2]JE
Weld County Comprehensive Plan Amendment
Southeast Weld Mixed Use Development Area
Amendment # 1 - Language Amendment - February 2008
Modify amendment language within Section 22-1-150 to include a procedure for amending
the Southeast Weld Mixed Use Development Structural Land Use Plan
This application seeks to modify the language of Section 22-1-150 where
appropriate to establish procedures for considering amendments to the
Southeast Weld Mixed Use Development Structural Land Use Plan.
This Amendment is necessary to allow for: 1) the reallocation of land use
classifications within the existing boundaries of the Southeast Weld MUD,
and 2) the expansion of the Southeast Weld MUD. The criteria proposed in
the attached EXHIBIT A provides the County, referral agencies and
applicants with a process that ensures a substantive review of the land use
and service capabilities of the area. Without such an amendment, the
Southeast Weld MUD would be unable to respond to changes based on
market conditions, growth pressure or more detailed site planning.
This language amendment is consistent with many of the goals and policies
of the County. Examples of such consistency are: 1) concentrates urban
development into Mixed Use Development areas (UGB Goal 2); 2) promotes
efficient and cost effective delivery of public facilities and services to
residential development or districts (R. Goal 2), and 3) all of the general
MUD Goals found in Sec. 22-2-230 and the Southeast Weld MUD Goals found
in Sec. 22-2-270.
•
EXHIBIT A
1. Section 22-1-150 is hereby amended to delete the last sentence it its entirety.
2. Section 22-1-150 B is hereby amended to add a new subparagraph 5 to read:
5. In the case of an amendment to the Southeast Weld Mixed Use Development
Area, the County shall first determine the type of amendment proposed; 1) a
language amendment to the Southwest Weld MUD or 2) an expansion of the
Southeast Weld MUD or 3) a modification to the land use classification of
property already within the Southeast Weld MUD boundaries. All
amendments to the Southeast Weld MUD regulations and map are to be
submitted to the Weld County Department of Planning Services and may be
proposed at any time notwithstanding the limitation of Section 22-1-150 B.I
and 3 hereof based on the criteria established by this Section.
A. Expansion of Southeast Weld MUD Boundaries.
1. Demonstrate the proposed expansion of the Southeast Weld
Mixed Use Development Area 2.1 Land Use Map, as outlined
on the Southeast Weld Mixed Use Development Area 2.1 Land
Use Map,has 1/6`h contiguity to the existing Southeast MUD.
2. Describe how the proposed amendment will address the impact
on existing or planned service capabilities. This statement
shall include how emergency services will be provided to the
proposed area.
3. 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.
4. Be submitted with a deed or legal instrument to the Department
of Planning Services identifying the applicant's interest in the
property.
5. Demonstrate that the site can be serviced by public water and
sanitary sewer service.
6. Include a prepared preliminary traffic impact analysis. All
traffic analysis information and reports shall be prepared and
certified by a registered professional engineer competent in
traffic engineering and shall address impacts to strategic
1
roadways, if applicable. The intent of this analysis is to
determine the project's cumulative development impacts,
appropriate project mitigation and improvements necessary to
offset a specific project's impacts. This analysis shall include
the following information:
a) Introduction: Describe the proposed development
and parameters of the study area.
b) Trip generation: Determine daily and a.m. and p.m.
peak-hour trip generation for the proposed
development using established rates identified in the
Trip Generation Manual published by the Institute
of Transportation Engineers or as agreed to by
County Staff.
c) Trip distribution: Based on assumptions contained
in the Southeast Weld MUD area traffic analysis or
market estimate, describe the anticipated trip
distribution patterns for the proposed development.
d) Trip assignment: Based on the projected trip
generation, assumed trip distribution and the
prevailing roadway network, assign the projected
traffic to the intersections and streets within the
study area.
e) Any reasonable additional information deemed
necessary for review.
7. Demonstrate that the resulting density and/or commercial
square footage of the amendment does not exceed the
maximum permitted under the Southeast Weld MUD Structural
Land Use Densities, as may be amended.
B. Modification to Land Use Classification of Property Already Within
the Southeast Weld MUD Boundaries.
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.
2. Demonstrate that the proposed land use designations are
compatible with the existing land-use designation of adjacent
Southeast Weld MUD planning areas.
2
3. Demonstrate conformance with the maximum land use
limitations of the Southeast Weld MUD Structural Land Use
Densities as may be amended.
3. Section 22-1-150.B is further amended to include a new sub-paragraph 8 to read:
8. In the case of any amendment to the Southeast Weld Mixed Use Development
Area 2.1 Land Use Map:
a) The proposed amendment inclusion into the
Southeast Weld Mixed Use Development Area 2.1
Land Use Map or modification to the existing land
use classification as outlined on the Southeast Weld
Mixed Use Development Area 2.1 Land Use Map
has 1/6th contiguity with the existing Southeast
Weld Mixed Use Development Area 2.1 Land Use
Map.
b) The proposed amendment will address the impact
on existing or planned service capabilities
including, but not limited to, all utilities
infrastructure and transportation systems.
c) The proposed number of new residents will be
adequately served by the social amenities, such as
schools, of the community.
d) The proposed amendment has demonstrated that
adequate services are currently available or
reasonably obtainable.
e) Referral agency responses have been received and
considered.
4. Section 22-1-150 B is hereby amended to add a new subparagraph 9d. to read:
d. In the case of any amendment to the Southeast Weld Mixed Use Development
Area 2.1 Land Use Map:
1) The proposed amendment inclusion into the Southeast Weld Mixed
Use Development Area 2.1 Land Use Map or modification to the
existing land use classification as outlined on the Southeast Weld
Mixed Use Development Area 2.1 Land Use Map has 1/6`h
contiguity with the existing Southeast Weld Mixed Use
Development Area 2.1 Land Use Map.
2) The proposed amendment will address the impact on existing or
planned service capabilities, including but not limited to all
utilities, infrastructure and transportation systems.
3
3) The proposed number of new residents will be adequately served
by the social amenities, such as schools, of the community.
4) The proposed amendment has demonstrated that adequate services
are currently available or reasonably obtainable.
5. Section 22-1-150B is further amended to add a new subparagraph l ld to read:
d. In the case of any amendment to the Southeast Weld Mixed Use Development
Area 2.1 Land Use Map:
1) The proposed amendment inclusion into the Southeast Weld Mixed
Use Development Area 2.1 Land Use Map or modification to the
existing land use classification as outlined on the Southeast Weld
Mixed Use Development Areas 2.1 Land Use Map has 1/6`h
contiguity with the existing Southeast Weld Mixed Use
Development Area 2.1 Land Use Map.
2) The proposed amendment will address the impact on existing or
planned service capabilities, including but not limited to all
utilities, infrastructure and transportation systems.
3) The proposed number of new residents will be adequately served
by the social amenities, such as schools, of the community.
4) The proposed amendment has demonstrated that adequate services
are currently available or reasonably obtainable.
6. All other paragraphs of Section 22-1-150 shall remain in effect with changes only
reflecting new subparagraphs numbers caused by the above referenced modifications.
4
Hello