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Home My WebLink About20080068.tiff • FOSTER GRAHAM MILSTEIN MILLER CALISHER LLP ATTORNEYS AT LAW October 12, 2007 School Board Dr. Marvin Wade, Superintendent Weld County School District RE3J 95 West Broadway Keenesburg, CO 80643 RE: Pioneer Communities,Inc. (the "Developer") Dear Esteemed Board Members and Dr. Wade: This letter is being delivered in response to the correspondence provided by Dr. Wade on October 4, 2007. In that email, Dr. Wade requested that Developer provide an "Executive Summary Letter" outlining all of the elements of the agreement between Developer and the School District RE3J (the "District") to the project proposed by the Developer in Weld County (the "Project"). • The District and the Developer have been discussing the Project and its potential impact upon the required services of the District for more than two years. During that time we have established the following agreed positions: I. FACILITY FOUNDATION Creation of a Capital Facilities Fee Foundation consistent with the following terms: 1. A per unit contribution equal to $1,500, with escalation of such amount to begin in the third year following the issuance of the first building permit for the Project; and 2. An additional per unit contribution equal to $175 for water and sewer tap fees, adjusted for type of housing unit, which amount would not escalate. II. ADDITIONAL CONTRIBUTIONS 1. Land in locations acceptable to the District in order to develop that number of schools the District felt would be required in order to educate the students generated by the Project; 2. Improvements to the land donated for school sites, including over lot grading, and curbs, gutters and roadways; 3. To the extent practicable, location of school sites adjacent to parks and/or recreation centers, to provide shared space for athletic fields and other facilities; and • 2 621 SEVENTEENTH STREET • 19TH FLOOR ♦ DENVER, COLORADO 60293 303 333 9610 PHONE ♦ 303 333 9766 FAX ' WWW.FOSTER GRAHAM.COM 2008-0068 4. Sleeves or other underground capacity for insertion of cables, wires, optic • fibers or other facilities required for communications, technology or similar functions. III. MISCELLANEOUS PROVISIONS/SITE PLANNING All agreements consistent with the 9/28/07 letter from Reutzel & Associates attached hereto and incorporated by reference. After years of very comprehensive negotiations I am proud to say that we have reached the agreement provided for in this letter. We look forward to our many years working in partnership for the betterment of RE-37. Veiv:y tr\;\ily you\ A David Wm. Foster, Esq. Managing Partner Foster Graham Milstein Miller& Calisher LLP DWmF:amp • Enclosure • - 2 - REUTZEL& ASSOCIATES, LLC ATTORNEYS AT LAW 9145 EAST KENYON AVENUE.SUITE 2110 Land Use/Zoning DENVER.COLORADO 80237 Real Estee: Telephone 1303)694-1982 Annexations FnK(303)h94-383 I Community Associations www.rruuclandaasoc,cnm Oil and Gas Local Government Corporate September 28, 2007 Mr. Brad Mueller Weld County Department of Planning Services 918 10th Street Greeley CO Re: Pioneer Communities PUD Zone Plat School District comments This letter is prepared to provide a follow up response to the letter sent to Weld County Planning from the Weld County School District Re-3J dated September 12,2007. Pioneer representatives, David Foster and Joy McGee,met with Dr. Wade and Mr. Edward Meier on September 25,2007 to discuss the issues. This letter documents,by the signatures attached, an acknowledgment and consensus of acceptable resolution by all parties to the issues raised. • In summary, the following points were discussed: FACILITY PLANNING • Reconsider relocation of PA 53 for the high school campus site. The campus location shown on the COZ map is the preferred location due to the limited influence of the oil and gas impacts. • Three elementary sites (PA 35, 73 and 88) should be relocated within nearby residential areas. The current sites (PA 35, 73 and 88) can he designed to work,for the elementary schools; o The area of the school sites provided are greater in acreage than the District mirrinnans thus allowing for setbacks and adjustments to the geometry and siting of a school facility on the Property. o The school sites are adjacent to pants which have a consistent zoning classification thus allowing for some administrative parcel adjustments to accommodate site constraints if identified during the site planning process. o The frontage of the school sites to collector streets provides an identity which integrates and creates a sense ofplace in the Pioneer community_ The actual access to the schools can be provided off of local streets. This level of street and circulation detail has not been designed at this, the Change of Zone, level of process. The local street volumes will he well within the,safety criteria suggested by the District, o The topography of the sites will he addressed with site design. In general, the Property has very gentle slopes and designing to a five percent grade is an achievable exercise to he performed with the engineering of the site. • o Specific design solutions will commence at subdivision plat and site plan review for each Planning Area. • Pioneer Re-3J response September 28, 2007 Page two FACILITY FOUNDATION • The District expressed concern over the requirement set forth in the Foundation documents that a bond authorization election must occur if the District determines that, within two years following the date of such determination,demand for student capacity will be equal to or greater than 90% of existing educational capacity. [Receipt of such bond authorization is a condition precedent to any increase in the Capital Facility fees paid by the Participants to the Foundation.] The Pioneer representatives are willing to change the 90%to 110%at the District's discretion. Thank you for your time. Your signature acknowledging a consensus on these issues is requested. This will then become part of the referral correspondence for Weld County in the review of the Pioneer COZ matter. On behalf of Pioneer, we look forward to a long standing relationship with the District. Respectfully, tca- Jay KleGe tP, ' vector eutzel . elates APPROVED by: Man in Wade, ED.D. Superintendent of Schools Weld County School District Re-3J Weld County Planning Department GREELEY OFFICE OCT 1 2 2007 -77/, (vI /� ._ af RECEIVED L. L y e/(/u - i O - - C. Lr -: i l/ -77 / • . e- C1 :*.CMG. / .- y"'�, J ;',c b..L .< . 1.. -i=i ,�' ( (C[t'l r✓i,...<. • ci< _, �. c" ✓ ,� l lC"t.i. 'dl C : e n .[ cL<"-C-- r' z' / az, < •c(}7/C .�G C " � /�C'. �J 4.,/, -L .. L CGLL - cr'i.l C� L w r f- c/ liC,�� C�c.y _ c /�4�'� -2" A' w • EXHIBIT �.i::., - c ,: rG-� G f..� .�. •< l l „ ..' �c7,", e',.,' �'. c'- - icy, . .✓ 2 • ,cct i .r -(" ( /- (.T-) C � cci ;.i . 'l • 4/76- • %I r ej C-!4 '7.1,./•. 1,/t7c.j .. (1_ j .✓ if/!: f ft 'IJNJ� • • Citel FOSTER GRAHAM MILSTEIN CALISHER LLP DANIELS. FOSTER AT TOR O R NE YS AT LAW LAURA E. ALMS DAVID WM. FOSTER RANDALL M. CHIN ROBERT G. GRAHAM JENNIFER G. FEINSOLO MICHAEL G. MILSTEIN STEPHEN A. FERMELIA DANIEL K. CALISHER JOAN M. FRITSCHE JERRI L.JENKINS JEFFREY N. MOWN BRIAN C. PROFFITT SUSAN B. SCHNEIPER CYNTHIA TREAOWELL-MILLER SHARI L. ULERY PHILIP J. WORKMAN MEMORANDUM To: Paull Nation/JF Companies LLC From: Shari Ulety Re: Summary of Work on Surface Use Agreement through March 30, 2007 Date: April 26, 2007 • DATE DESCRIPTION Draft letter agreements with Oil Companies; review and revise proposed oil and gas lease; 1. 11/2005 communications regarding US Exploration interests, oil and gas lease and status Review COGCC records; schedule meetings with oil company representatives; 2. 1/2006 communications with Weld County staff regarding oil and gas issues, communications regarding surface use agreements and status of negotiations with oil companies. 2/1/2006 Review Weld County regulations; 2/10/2006 Communications regarding operational issues and leasehold interests; 3 2/14/2006 munications with Anadarko and Kerr McGee; prepare and forward background summary 2/15/2006 Meeting with Client and oil company representatives to discuss skeleton surface use agreement and various issues 2/28/2006 Communications with Kerr McGee regarding interests and master surface use agreement 3/1/2006 Communications with Client regarding Kerr McGee interests in property 4. 3/9/2006 Communications with C.Hayes/Kerr McGee counsel on master surface use agreement, 4/7/2006 Communications with C.Hayes/Kerr McGee regarding master surface use agreement 4/18/2006 Communications with C.Hayes/Kerr McGee regarding master surface use agreement 5. 4/24/2006 Review letter to Encana regarding workover • 4/25/2006 Communications with C. Hayes/Kerr McGee regarding master surface use agreement 621 SEVENTEENTH STREET • 19TH FLOOR • DENVER, COLORADO 602 EXHIBIT 303 333 9810 PHONE ♦ 303 333 9786 FAX WWW.FOSTERGRAHAM.COM %re_ DATE DESCRIPTION 5/2/2006 Communications with Client and oil company representatives regarding status of surface use agreement 5/11/2006 Communications with Client and oil company representatives regarding status of surface use agreement 6 5/14/2006 Communications with Client and oil company representatives regarding status of surface use agreement 5/15/?006 Communications with Client and C. Hayes/Kerr McGee regarding circulation of draft surface use agreement to other oil company representatives. 5/25/2006 Meeting with Client to discuss status of negotiations 5/30/2006 Communications regarding mapping of exhibits 6/1/2006 Meet with Planners regarding exhibits; 6/2/2006 Meet with Client regarding exhibits and other issues 6/5/2006 Communications with Planners and Client regarding exhibits 6/16/2006 Communications with Client and C. Hayes/Kerr McGee requesting copy of draft master surface use agreement for review 6/19/2006 Communications with Client regarding status of master surface use agreement 6/20/2006 Communications with multiple oil company representatives regarding surface use 7. agreements; schedule meetings with same • 6/21/2006 Communications regarding surface use agreement meeting 6/22/2006 Meeting and conference with oil company representatives regarding surface use agreement; conference with Client regarding exhibits 6/23/2006 Review draft exhibits 6/26/2006 Review draft surface use agreement; communications with C.Hayes/Kerr McGee and Client regarding same;meeting with oil company representatives regarding surface use agreement 6/28/?006 Review comments from various oil companies on surface use agreement draft; communications regarding open window detail from Ken McGee map 7/5/2006 Communications regarding status of surface use agreements and exhibits 7/11/2006 Communications regarding research and assembly of list of mineral owners for notification requirements 7/12/2006 Review revisions to draft exhibits for surface use agreement; communications regarding 8 surface use agreement and exhibits 7/13/2006 Research on mineral interests and oil and gas lease holders 7/18/2006 Research on mineral interests and oil and gas lease holders 7/26/2006 Communications regarding status of draft surface use agreement 7/28/2006 Communications regarding status of research on mineral interests and lease holders 9. 8/1/2006 Prepare breakdown of mineral and oil and gas interests by section • LAS LU\Gateway-Pioneer 0&G1Work Summary- SUA draft 04-24-07.doc • DATE DESCRIPTION 8/2/2006 Research on mineral interests and oil and gas lease holders Continue work on breakdown of mineral and oil and gas interests by section; 8/3/2006 communications regarding exhibits to surface use agreement 8/4/2006 Continue work on breakdown of mineral and oil and gas interests by section 8/9/2006 Research COGCC records on property in all fourteen sections and print copies. Organize and assemble research materials by section; communications regarding Kerr 8/11/?006 McGee's interests and title review issues 8/14/2006 Review title work,research on mineral interests and leases for notification list Review revised surface use agreement exhibits; communications regarding status of draft 8/15/2006 surface use agreement and exhibits Communications regarding PDC Notice of Intent to Drill in Section 9 and impact on 8/21/2006 development plan Communications regarding PDC drilling plans and outstanding issues in surface use 8/22/2006 agreement Communications regarding moving well locations, directional drilling costs, relocation of 8125/2006 tanks and flow lines and multiple issues for surface use agreement Communications regarding well and tank locations in Section 9 and multiple issues for 8/30/2006 surface use agreement 9/8/06 Communications with M. Buchanan/Anadarko counsel regarding follow up with Noble and Encana on comments to Master Surface Use Agreement Schedule meeting regarding notification list;communications regarding leasehold rights and 9/11/2006 PDC locations; review revised exhibits; communications regarding status of draft surface use agreement Communications regarding PDC interests, notification list and status of draft surface use 9/12/2006 agreement 10. 9/14/2006 Review title work and well records Communications regarding status of draft surface use agreement; inform oil company 9/19/2006 representatives of deadline to comply with Weld County requirements before November hearings 9/21/2006 Communications regarding status of draft surface use agreement; 9/25/2006 Review summaries of title work by section; communications with Noble and Encana regarding status of draft surface use agreement 9/27/2006 Communications with Encana regarding status of draft surface use agreement Communications with M. Buchanan/Anadarko regarding status of surface use agreement 11. 10/10/2006 and reminder of Weld County requirement for final surface use agreement at time of application for zone change. 10/12/2006 Communications regarding review of draft exhibits and schedule meeting regarding same • 3 L:\SLU\Gateway-Planer O Sc.0\Work Summary- SUA draft 04-24-07.duc • DATE DESCRIPTION • 10/17/2006 Communications to verify entity names of all surface owners and status of surface use agreement 10/24/2006 Communications regarding Anadarko letter to Brad Mueller and status of surface use agreement 10/25/2006 Review draft exhibits and communications regarding status of surface use agreements 11/13/2006 Communications with M.Tucker/Encana regarding status of draft surface use agreement 11/14/2006 Communications with staff regarding preparing summary of work on surface use agreement and exhibits 11/15/2006 Communications regarding receipt of draft exhibits from engineers; schedule meeting with Anadarko, Encana,Kerr McGee and Noble 11/20/2006 Schedule meeting with Anadarko, Encana, Kerr McGee and Noble; communications regarding draft exhibits 11/21/2006 Schedule meeting with Anadarko, Encana, Kerr McGee and Noble; review comments from S.Frazier/Encana on surface use agreement. 11/24/2006 Communications regarding draft exhibits, coal costs and relinquishment agreement 1") 11/27/2006 Schedule meeting with Anadarko,Encana,Kerr McGee and Noble for 12/12/2006 12/01/06 Review summary of activity on Surface Use issues to be forwarded to County. 12/04/06 Review surface use negotiations memo; conference with Anadarko re SUA status. • 12/05/06 Various emails and teleconference with client re Hard Rock Agreement and next meeting with oil &gas companies; exchange emails with client re agreement. Exchange emails with client regarding Hard Rock Agreement; messages and emails to M. 12/06/06 Sommerville regarding same; review calculation regarding relinquishment price and conference with client re same; conference and email exchange with client re oil & gas companies meeting. 12/07/06 Review legal and email from T. Staub re Hard Rock Agreement. 12/08/06 Emails regarding Hard Rock Agreement payment provisions; review legal description and email T. Staub regarding new legals for Hard Rock Agreement. • 4 L:\SLU\Gatctray-Pioneer O&G\Wort:Summary- SUA draft 04-24-07.doc . . • DATE DESCRIPTION 12/11/06 Internal conference re gas&oil companies meeting; T/C Client re meeting. 12/12/06 Prepare for and attend meeting with oil & gas companies to discuss SUA exhibits; conference with M.Buchanan re Hard Rock relinquishment;internal conferences regarding follow up memo to client. 12/13/06 Email exchange with client re SUA; emails to client and internally re relinquishment agreement issues and recalculation of price; internal conference with J. Moxon regarding various issues including revisions to notice list; pipeline issues for oil and gas companies; conference call with J.Reutzel regarding SUA status in connection with rezoning request. 12/14/06 Emails and conference with Client regarding hard rock relinquishment issues; call with M. Sommerville re same; exchange emails with Client regarding engineering standards; call with J. Marisco regarding notice list issues; review and forward EnCana's comments to SUA. 14 12/15/06 Review and response to emails regarding hard rock agreement legal description; call Client regarding SUA exhibits and meeting regarding same; review T. Staub exhibits; respond to client regarding issues in meeting with oil&gas companies. 12/18/07 Prepare for and attend meeting in client offices regarding oil and gas exhibits; discuss comments on draft SUA and Hard Rock Agreement issues; review revised release price calculations for relinquishment agreement; forward same to Anadarko and client; emails with Staub regarding exhibits. 12/19/06 Emails exchanged with client, Noble and engineer regarding missing Section 18 exhibits; • email from client regarding split ownership issues; review exhibits re split ownership from Staub. 12/20/06 Exchange emails with T. Enright regarding exhibits. 01/01/07 [for 11-29-06] Internal conference regarding summary of work to date on SUA for submission with land use application. 01/01/07 [for 11-29-06] Various emails and conferences with client regarding provisions of hard rock relinquishment documents. 01/01/07 [for 11-28-06] Review relinquishment documents from Anadarko; forward to clients. 01/01/07 [for 11-28-06] Exchange calls and emails with oil & gas companies regarding pending 12/12/06 meeting regarding exhibits. • 5 L:\SLU\Gatewav-Pioneer O&G1Work Summary- SUA draft 04-24-07.doc DATE DESCRIPTION • 01/01/07 [for 11-27-06] Exchange numerous emails with oil & gas companies regarding meeting to review comments on SUA exhibits; meeting with client and Energy Search regarding list of mineral owners. 01/01/07 [for 11-24-06] Review and respond to client email regarding re-sending of calculations of hard rock relinquishment price; review emails from oil companies regarding upcoming meeting;review revised SUA exhibits. 01/01/07 [for 11-22-06] Review emails regarding hard rock calculations; internal conference regarding scheduling meeting with oil companies on SUA; calls with 7. Marisco regarding status of notice list;review additional Exhibits from Carroll and Lange. 16 01/01/07 [for 11-21-06] Email client regarding revised Exhibits; begin review of same; email client regarding status of notice list and summary of work done to date; emails with client regarding meeting with Energy Search regarding same; internal conference regarding summary; review Encana comments on SUA. 01/01/07 [for 11-20-06] Conference with Marisco regarding preparation of notice lists and related issues and questions. 01/01/07 [for 11-15-06] Call to and from Encana regarding status of SUA review. 01/01/07 [for 11-09-06] Conference with client regarding status of Exhibit revisions and SUA issues; call to M. Sommerville. 01/01/07 Review email and respond to M. Sommerville regarding Agreement Concerning Mineral Rights. 01/02/07 Review revised legal descriptions for hard rock agreements; email and message to M. Sommerville regarding same; message from Marisco regarding notice list search. 17 01/09/07 Email update on SUA and hard rock agreement to client; internal conference and email regarding meeting with oil & gas companies and review of SUA; t/c with T. Enright regarding review of Exhibits. 01/15/07 Meeting with JNM regarding Pioneer SUA. 01/16/07 Call with Client regarding Kerr McGee response to meeting request;review emails from oil &gas companies regarding meeting. 01/31/07 Email to Client regarding Anadarko position on Pioneer SUA issues. 02/07/07 Emails to Client regarding meeting with Anadarko and Encana land negotiators and issue of pending legislation. 02/08/07 Schedule meeting with AKMG 02/09/07 Exchange emails with Terry Enright regarding AKMG meeting. 6 L:\SLU\Gatcway-Pionecr 0&G\Work Summary- SUA draft 04-24-07.doc ,• . . . • DATE DESCRIPTION 02/12/07 Email exchanges with Client regarding status of written letter to oil companies recap of telephone conversation with JeffFiske of Anadarko. 02/20/07 Exchange emails with Terry Enright regarding AKMG meeting. 02/26/07 Email exchanges with Client regarding status of written letter to oil companies recap of telephone conversation with Jeff Fiske of Anadarko. 20 02/27/07 Email exchanges with Client, Barry Myhr and Anadarko re Hard Rock Agreement, Alta Survey, SUA and gathering line specs. 02/28/07 Exchange emails with Client re Anadarko price calculations, legal descriptions and flow line specs; email exchanges with Molly Buchanan regarding price calculations. 03/01/07 Email to M. Buchanan following up on status of Hard Rock Agreement; contact Client with response from Ms. Buchanan; email from Client regarding issues for discussion at meeting to discuss exhibits;conference regarding same. 03/03/07 Exchange emails with Client regarding SUA issues for discussion at meeting on 3/7/07. 03/04/07 Email exchange with Client re status of SUA;email from Client regarding SUA. 03/05/07 Exchange emails with Client regarding SUA and side letter agreement. 03/06/07 Review and respond to M. Buchanan email regarding Agreement Concerning Mineral 1 Rights;prepare for meeting. 03/07/07 Communicate with Client and Barry Myhr regarding Noble gathering line specs; meet with • client regarding exhibits. 03/14/07 Submission of revised SUA and Exhibits to all oil&gas companies. 03/26/07 Prepare for and attend Client regarding revised exhibits and redline of SUA. 03/30/07 Exchange emails with Client regarding SUA and Hard Rock Mineral Agreement and issues regarding the tanks. • 7 L:\SLU\Gateway-Pionccr O&G\Work Summary- SUA draft 04-24-07.doc ©♦1 © � FOSTER GRAHAM MILSTEIN MILLER CALISHER LLP ATTORNEYS AT LAW MEMORANDUM To: Paull Nation/ JP Companies LLC From: Shari Ulery Re: Summary of Work on Surface Use Agreement through August 21, 2007 Date: August 23, 2007 DATE DESCRIPTION 04/02/2007 Work on oil and gas issues 1. 04/03/2007 Work on oil and gas issues. 04/05/2007 Work on oil and gas issues. 04/09/2007 Obtain local oil and gas regulations for a variety of local jurisdictions. 7MF attend SDA - Legislative Committee Meeting. 04/11/2007 Worlc on oil and gas issues. • 2. Work on oil and gas issues at capitol; numerous emails regarding Second Amendment and 04/12/2007 clarification of issues. 04/13/2007 Numerous emails regarding second amendment; conference at Capitol regarding same. 04/14/2007 Worlc on oil and gas issues. Read and respond to Paul Nationn regarding Summary Report and status of SUA; calls 04/17/2007 regarding same; calls regarding legislation; work on BOCC issues/presentation; work on oil and gas issues. Email to Sheila Frazier regarding EnCana's notice of intent to drill the Harlan 31.20 well; 04/18/2007 exchange emails with client regarding directional costs and directional escrow issues; research status of exhibits; call to client. 3 Review correspondence regarding oil &Gas issues; Interoffice conferences regarding SB07- 04/19/2007 237, and county agricultural requirements; review legislation; review correspondence from Noble regarding status and SUA open issues; read and respond to Dave Padgett email regarding plats and Noble SUA and circulate to client, 04/20/2007 Interoffice conference regarding changes in legislation; attention to updating Summary report for County; various emails regarding work on legislation and testimony in House. 104/22/2007 Work on oil and gas issues; preparations for meeting. Review information on SB07-237; telephone conference with Ulery regarding SUA; 4 04/23/2007 conference with Foster regarding latest changes to legislation. Review summary of work to send to client. • 621 SEVENTEENTH STREET ♦ 19TH FLOOR • DENVER, COLORADO 80293 303 333 9810 PHONE ♦ 303 333 9786 FAX WWW.FOSTERGRAHAM.COM • DATE DESCRIPTION Out of office to Capitol regarding oil & gas issues; telephone conference with Encana 4/24/2006 representative regarding meeting for Harkins well; review correspondence regarding status of SUA; work on SUA provision;complete summary of work. Edits to summary; review and send revised summary to client; telephone conference with 4/25/2006 client regarding same. Review proposed notice and cure provisions for hard rock agreement; meeting with Encana 4/26/2006 Representatives at Box Elder Well; prepare correspondence regarding summary of work. Read email regarding notice of intent to drill well; print out and file electronic version of 4/27/2006 revised SUA; Interoffice conference concerning hard rock agreement and engineering meeting. Email to client regarding engineering meeting;review and file emails concerning COGA. 4/30/2006 [11-01-06] Exchange emails to schedule meeting to COGA [11.14-06] Review emails 5/1/2007 regarding the history of SUA negotiations with Anadarko. Prepare summary for County; 5 telephone conference with DWF regarding SB-237,review synopses regarding the same. 5/2/2007 Finalize memo to Governor regarding SB-237 Review VanderWerf correspondence and enclosures of SUA Exhibits; review correspondence regarding revisions to agreement; prepare for and attend SDA legislative 5/7/2007 committee meeting; attention to error in language under Section 4 of the Hard Rock • Agreement for discussion with Ms. Buchanan; review email from Barry Myhr regarding meeting with Noble;review Mr.Moxon's comment per review of exhibits. Interoffice conference to discuss next steps on SUA; emails to client regarding scheduling 5/8/2007 meeting. 6 Interoffice conference to discuss status of Pioneer project and SUA exhibits; review 5/9/2007 revisions to exhibits requested by O&G company. Review correspondence regarding SUA and sufficiency of Section 2 exhibits; send email to client with comments regarding handwritten notes on exhibits; review email from Ms. 5/10/2007 Buchanan re draft 4, Agreement Concerning Mineral Rights; calls regarding meetings re SB 237. Review Anadarko revisions to Agreement Concerning Certain Mineral Rights; 5/11/2007 correspondence re revisions;review.Anadarko comments to SUA exhibits. Prepare correspondence to attendees for meeting scheduled on May 31, and propose 5/15/2007 alternate time; attention to emails to client and others regarding same; follow up with client re same. 7 Read emails from Barry Myhr regarding meeting about plat; file structure and organization; 5/16/2007 schedule 6/7 meeting date,invite others and follow up with client regarding same. 5/17/2007 Obtain and review 600 series rules from COGCC 8 5/21/2007 Telephone conference with COGCC representative regarding well location issues. • DATE DESCRIPTION • 5/24/2007 Interoffice conference with DWF regarding SB 237 and letter of support from local officials,drafting of same. 5/25/2007 Review COGCC 600 series spacing rules. 6/01/2007 Conference with D Foster regarding SB 237 issues to discuss with Governor's staff; numerous emails and calls regarding potential veto of bill and related issues. 6/04/2007 Communications with M. Sommerville regarding status of SUA comments; set up internal meeting to prepare for 6/12 meeting; communication with client regarding same. 9 6/05/2007 Review correspondence regarding SUA 6/06/2007 Conference regarding upcoming meeting,prepare for internal meeting; inter-office meeting to prepare for negotiations with Oil&Gas Company. 6/07/2007 Review emails from Noble and IF regarding well locations,operations areas. 6/08/2007 Review SUA and Exhibits; continue preparations for operator meeting. Review SUA and Exhibits; conference with Ms. Ulery regarding SUA, well locations, 6/11/2007 Noble; review revised SUA from Anadarko; preparations for operator meeting; conference regarding reclamation provisions of SUA. Compare Anadarko change to JF changes; conference with Ms. Ulery regarding revised 10 6/12/2007 agreement from Anadarko; prepare for and attend oil and gas operator meeting; research into corner location issue. 6/13/2007 Work on Oil&Gas issues for 2008 session; follow up regarding permits,re-read SUA. • Organize documents for Ms. Ulery and Ms. Jenkins for meeting; prepare redlines in 6/15/2007 comparison of changes made by opposing counsel; transcribe series of voice messages from client regarding follow up to meeting. 6/22/2007 Prepare for and attend counsel meeting on SUA; conference call regarding agricultural 11 property. 6/26/2007 Research into public issues which may have impact on SUA negotiations. 07/03/2007 Review revised SUA Exhibits for Sections 17 and 18 Email from Client Manager to AKM and Buchanan regarding status; email from client 07/09/2007 regarding SUA with Noble; internal conference and call to Noble; review title work; call with Client; Review client redline of Exhibit form 6/12 meeting. 12 Emails to and from Client and AKM regarding CAD drawings; call with Client; review 07/10/2007 most recent land plan; review email regarding hearing; call to Dave Padgett regarding SUA with Tenant;review same;message to Client. 07/11/2007 Calls with Client regarding mineral issues questions for Lender; review ALTA update and Survey update. 07/16/2007 Review email regarding Hard Rock Agreement. 13 • . . • DATE DESCRIPTION Conference with Client regarding response to Lender on mineral issues;review Client email 07/20/2007 regarding same; revise response; review letter from AKM and forward same to client; conference regarding AKM wells on agricultural lands and delay on AKM's part. 07/24/2007 Review AKM email and draft Surface Use Agreement 14 07/30/2007 Emails regarding mineral notification. 08/01/2007 Review email to AKIvI requesting their updated well information. 1 08/06/2007 Telephone call with Barry Myhr regarding Noble Exhibits; forward same to Client for review. 08/08/2007 Review Noble Exhibits and SUA draft; meeting in Client offices to discuss same. 08/13/2007 Emails and calls from AKM regarding well location Exhibits; review same and forward to Client. 08/14/2007 Review Client email and redlines of Exhibits. 16 08/17/2007 Review AKM well location Exhibit;emails regarding royalties. 08/20/2007 Emails regarding AKM well locations. ID08/21/2007 Review emails from engineers regarding updated SUA Exhibits; emails regarding preparation of Notice list. • Page 1of1 Brad Mueller From: Sara Bevan [kiowavalley@earthlink.net] Sent: Tuesday, October 16, 2007 10:37 AM To: Brad Mueller Subject: Pioneer Communities Dear Mr. Mueller, On behalf of the SouthEast Weld Conservation District we would like to express our continued opposition to the proposed Pioneer Subdivision. Some of the many concerns we have is that the ground is made of a very easily erodable sand. This soil was never farmed for the reason of once tilled, it will never stop blowing. We believe this will occour to a greater extent with the large amount of dirtwork involved. The availibilty of water is a major concern. The proposal claims the water will come from the Box Elder basin, the Lost Creek basin, and the HenryLynn ditch. All of the irrigation wells in these basins are dropping in static water levels. The HenryLynn ditch is a very junior system. We are very skeptical of the claims of a long term water availibility. We do not believe that the Pioneer subdivision proposal is in the best interest of Weld County and its residents. Thank You for your time in this matter. David Rippe • President ,SouthEast Weld Consrvation District Sara Bevan kiowavalley@earthl ink net EarthLink Revolves Around You. • EXHIBIT 10/16/2007 • itoctel. Memorandum TO: Planning Commissioners l C DATE: November 6, 2007 FROM: Brad Mueller COLORADO Department of Planning Services RE: Pioneer Change of Zone— Continuance Items CC: Bruce Barker, Dave Bauer At its hearing on October 16, 2007, the Planning Commission continued the agenda item related to the Pioneer PUD Change of Zone(Planning File No. PZ-1125)to the next meeting on November 6, 2007. This memo provides additional information on the two topics that were specifically noted as the Commission's reasons for continuing this request. 1) Development Commitments Related to Off-Site Road Improvements. At the time of the October 16 hearing, the developer's requirements to provide off-site road improvements were not articulated as specific Development Commitments. While the applicant's Traffic • Report defined the improvements that would be needed, and Weld County Public Works generally agreed with this list of improvements, the Planning Commission indicated that it wanted more detail in regards to who was responsible for which improvements, when a given improvement would be required, and what the consequence would be if there was a failure to construct the improvement. Staff has since worked to create a list of specific Development Commitments related to off- site roads. (See attached.) Each item on this list includes the type of improvement and a requirement that it be constructed by the applicant, prior to the platting of a certain number of residential units. These triggers are based on the analysis that the road in question will fail, if the number of units built were allowed to exceed the amount listed. The applicant is free to seek other funding sources, but,failing those,they must build the improvement, or cease developing the site. Staff and the applicant have worked together on this list of Development Commitments, and staff understands that the applicant is prepared to accept these as a condition of the Planning Commission's recommendation of approval. 2) Emergency Service / Fire District Development Commitments. The County received one referral from the Hudson Fire District prior to the Planning Commission on October 16,which stated that the 2 mill additional tax levy proposed by the applicant would be insufficient for providing fire service to the proposed development. Planning Commissioners indicated that they agreed with this concern and would like to better understand what the Fire Districts would accept as mitigation to address the question of insufficient service capability. • EXHIBIT Staff contacted both fire districts after the hearing and asked them to either attend the hearing on November 6 or provide written information about what requirements would be • needed to meet adequate levels of emergency service to the site. Representatives of the districts have indicated that they will be at the hearing. The Fire Districts have also provided the attached written correspondence. Chief Thomas Beach of the Southeast Weld County Fire Protection District provided the attached letter suggesting alternative funding options. Since that time, the Southeast Weld FD and the Hudson FD have collaborated to submit similar Development Commitments, intended to replace the seventh Commitment included in the original staff report ("Emergency Services Land"). • • 7 • PIONEER DEVELOPMENT COMMITMENTS • FINAL DRAFT for Planning Commission— 11/6/2007 The following Development Commitments shall be added to Sheet 2 of the Pioneer PUD Change of Zone plat: STATEMENT OF DEVELOPMENT COMMITMENTS Following approval of the Development Guide and Zoning Map, incorporated herein, and as the approved zoning shall remain in effect, the following commitments applicable to the PIONEER PLANNED UNIT DEVELOPMENT ("PUD") shall be binding upon Pioneer Communities, Inc., and HP Farms LLC ("the developers of the Pioneer PUD, successors, and assigns), including any special districts in which said owners may participate: 1) School Land. The developers of the Pioneer PUD, their successors and assigns shall dedicate to the RE-3J School District (or other public or quasi-public entity mutually agreed upon by the School District and Weld County) in fee simple absolute with marketable title at the time of platting or site review, at no cost to such entity and upon their reasonable request, parcels in ("Planning Areas") PA-14, PA-25, PA-35, PA-53, PA- 59, PA-73, and PA-88, for use as a school complex. Such parcels shall be a minimum acreage in size as shown on the Land Use Chart on Sheet 5, and shall be dedicated in a state useable for development, including adequate access, drainage, and grading. The developer shall work directly with the School District RE-3J regarding the timing of land dedications for school sites. 2) School Capital Facility Fee. The developers of the Pioneer PUD, their successors and assigns shall enter into a voluntary Capital Facilities Fee Program with the School District • to mitigate the impact of this development on their school facilities, provided such a program is approved by the School District. 3) Neighborhood Parks. The developers of the Pioneer PUD, their successors and assigns shall dedicate 1-acre parks (minimum total acreage) in each of the residential PA's found on Sheet 5. Such sites shall be useable space for active park use and contain, at a minimum, the elements indicated in Section 6.10 of the Development Standards. 4) Local Parks. The developers of the Pioneer PUD, their successors and assigns shall dedicate local parks in PA's-10, 34, 70, 75, 77, 83, 86, and 91, to be dedicated to the Pioneer Regional Metropolitan District, or such other public entity as mutually agreed upon by Weld County and the Pioneer Regional Metropolitan District, at the time of final plat or site plan review for the adjacent Planning Area. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the minimum amenity elements indicated in Section 6.20 of the Development Standards. Such parks shall be substantively constructed at the time of completion of 50% of the residences in the adjacent associated final plat or site plan review area. 5) Community Parks. The developers of the Pioneer PUD, their successors and assigns shall dedicate the community park in PA-28 and PA-40, or, PA-58 and PA-62, to be dedicated to the Pioneer Regional Metropolitan District, or such other public entity as mutually agreed upon by Weld County and the Pioneer Regional Metropolitan District, at the time of the platting of the 300O" dwelling unit. Dedication of the second community park (either PA-58 & PA-62, or PA-28 and PA-40) shall be dedicated at the time of the platting of the 700O" dwelling unit. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the minimum amenity elements indicated in • Section 6.30 of the Development Standards. Such parks shall be substantively constructed within one year of the dedication of the land. EXHIBIT 6) Major Trails. The developers of the Pioneer PUD, their successors and assigns shall • dedicate and cause the construction of all major trails as shown on Sheet 22. Such trails shall be platted and dedicated at the time of final platting of the associated Planning Area. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the trails, in accordance with the development standards shown on Sheet 22, prior to completion of the first residential dwelling unit in the adjacent associated residential Final Plan. 7) Emergency Services Land. The developers of the Pioneer PUD, their successors and assigns shall dedicate a minimum 1-acre site for a fire station and/or police substation, located within PA-19, or in such Planning Area as is mutually agreeable with Weld County and all applicable emergency service providers. Such site shall be dedicated prior to issuance of a Building Permit on the 3,500th residential dwelling unit. 8) Performance Assurances. Prior to approval of any final plats and any site plans within the Pioneer PUD, a subdivision Improvements Agreement, in a form determined by the County, shall be submitted for review and approval by Weld County. 9) General Public Improvements. The developers of the Pioneer PUD, their successors and assigns shall provide the public improvements required internal to this PUD necessary to serve the development including, but not limited to, streets, traffic control devises including traffic signals, utilities, drainage improvements, street lights, curb, gutter, sidewalk improvements, right-of-way landscaping, and parks. Maintenance of these improvements shall be the responsibility of the Pioneer Metropolitan Districts and/or Homeowners Association(s) as described with the final plan. 10) Dedication of Roads. The developers of the Pioneer PUD, their successors and assigns shall dedicate in fee simple absolute with marketable title to the Pioneer Regional • Metropolitan District, or other public entity as determined by Weld County, all public road rights-of-way. Unless otherwise noted, this dedication shall take place at the time of Final Plat for the adjacent or affected land parcels. 11) Off- Site Transportation Improvements. When proposed platting of development within the Pioneer PUD triggers the need for construction of off-site improvements, as identified and listed below (as may be amended and approved by Weld County in the future in response to changing conditions, at its sole discretion based on future traffic studies for the area), funding for those improvements shall be secured and guaranteed by the developers or districts of the Pioneer PUD, their successors and assigns, prior to approval of any Final Plat containing the minimum number of dwelling units and/or commercial units triggering those improvements. In performing this obligation, Pioneer may pursue a variety of funding options, including but not limited to, facility fees charged within the Pioneer Districts, reimbursement agreements from benefiting properties, and establishment of regional authorities or intergovernmental agreements. Failure to fund and cause construction of each or any of the off-site improvements identified and listed below shall be cause for denial of any future Final Plat within the Pioneer PUD as a whole that trigger each of those improvements, except where those plats do not create any dwelling units and/or commercial units. a) Weld County Road (WCR)49 Widening Project(Part 1). • Trigger: Prior to the approval of the Final Plan containing the 1000th dwelling unit, the developers of the Pioneer PUD, their successors and assigns, will cause construction and completion of the widening of WCR 49 from WCR 22 south to Interstate 76. • • Project Description: Widen WCR 49 to four paved lanes with shoulders from • WCR 22 south to Interstate 76 with additional lanes (turn lanes)for proposed Pioneer Communities intersections at WCR 22, and WCR 20-1/2. The roadway design and approval will meet all CDOT,Weld County, and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. b) Weld County Road 49 Traffic Signal Project(Part 1). • Trigger: Prior to the approval of the Final Plan containing the 1000th dwelling unit, the developers of the Pioneer PUD, their successors and assigns, will cause construction and completion of warranted traffic signals at the intersection of WCR 49 with WCR 22. • Project Description: Construct full movement traffic signal at the WCR 49 intersection with WCR 22. The roadway and signal design and approval will meet all Weld County, and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. c) Weld County Road 49— Interstate 76 Interchange Temporary Improvements Project. • Trigger: Prior to the approval of the Final Plan containing the 1000th dwelling unit, the developers of the Pioneer PUD, their successors and assigns, will cause construction and completion of a set of traffic signals at WCR 49 and Interstate 76 where warranted by traffic study results. • Project Description: The traffic signal set will include signalization for WCR 49 • traffic entering 1-76 on-ramps and for 1-76 traffic turning onto WCR 49. The signal design and approval will meet all CDOT and Weld County or other applicable jurisdictions' requirements and must include commitments for full funding of the construction. d) Keenesburq Parkway Construction Project. • Trigger: Prior to the approval of the Final Plan containing the first dwelling unit, east of the half section line of Section 8, T2N, R64W (east of the Horse Camp Draw/Un-named drainage), the developers of the Pioneer PUD, their successors and assigns, will cause completion of the construction of a minimum 2 lanes of WCR 22 from WCR 49 east to WCR 59, or otherwise to a lesser distance as agreed to by Weld County and the Town of Keenesburg. • Project Description: Construct WCR 22 from WCR 53 east to WCR 59, or to a lesser distance as agreed to by Weld County and the Town of Keenesburg, to a minimum two lanes. The roadway design and approval will meet all Weld County and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. The developers of the Pioneer PUD, its successors and assigns, shall be responsible for acquiring all ROW not already dedicated to the County, and shall be solely responsible for preparation of all required designs, plans, and cost estimates for the Keenesburg Parkway roadway and for commitments for full funding of the construction. e) Weld County Road 49— Interstate 76 Interchange Feasibility Study Project. • Trigger: Prior to the approval of the Final Plan containing the 1500th dwelling • unit, the developers of the Pioneer PUD, their successors and assigns, will provide to Weld County or other applicable jurisdiction all supporting documentation necessary to initiate a 1601 Feasibility Study for Weld County • Road 49— Interstate 76 Interchange Improvements. • Project Description: The interchange improvements study and supporting documents will include evaluation of southbound and northbound WCR 49 traffic entering 1-76 and will evaluate 1-76 traffic exiting the interstate onto WCR 49. The study will include evaluation of applicable roadway and overpass bridge widening needs, applicable on-ramp and off-ramp widening needs, and improvements to the intersection of WCR 49 with the Union Pacific Railroad (UPRR)tracks south of the interchange. The study will include evaluation of signalization. The study will include interchange design and cost estimates. The preparation costs of the Feasibility Study for Weld County Road 49— Interstate 76 Interchange Improvements, including preparation of all required documents, designs, plans, and cost estimates shall be the sole responsibility of the developers of the Pioneer PUD, its successors and assigns. Per Colorado Department of Transportation (CDOT) 1601 guidance and Weld County requirements, the Feasibility Study materials must include identification and commitments for full funding of the I-76-WCR 49 interchange construction. f) Weld County Road 49— Interstate 76 Interchange Re-Construction Project. • Trigger: Prior to the approval of the Final Plan containing the 2500th dwelling unit, the developers of the Pioneer PUD, their successors and assigns, will cause construction and completion of the re-construction of the Interstate 76 interchange at WCR 49 according to the 1601 Feasibility study plans and design recommendations approved by CDOT, Weld County, and other applicable jurisdictions. • • Project Description: Interchange improvements to include provisions for south- and north-bound WCR 49 traffic entering and exiting 1-76 and may include improvements to the intersection of WCR 49 with the UPRR tracks south of the interchange consistent with the 1601 Study requirements. The roadway- interchange design and approval will meet all CDOT, railroad, and Weld County or other applicable jurisdictions' requirements and must include commitments for full funding of the construction. g) Weld County Road (WCR)49 Widening Proiect(Part 2). • Trigger: Prior to the approval of any Final Plan containing the 300O" dwelling unit or prior to the approval of any Final Plan between WCR 22 and WCR 24 and adjacent to WCR 49, or at such time as the WCR 49 Level of Service drops below Level C as determined by a traffic study on the segment of WCR 49 between WCR 22 and WCR 28, whichever occurs first, the developers of the Pioneer PUD, their successors and assigns, will cause construction and completion of the widening of WCR 49 between WCR 22 and WCR 24. • Project Description: Widen WCR 49 to four paved lanes with shoulders between WCR 22 and WCR 24 with additional lanes (turn lanes)for proposed Pioneer Communities intersections at WCR 22-1/2 and WCR 24. The roadway design and approval will meet all Weld County, and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. The project will include construction of full movement traffic signals at the WCR 49 intersections with WCR 22-1/2 and WCR 24. The roadway and signal design and approval will meet all Weld County, and other applicable jurisdictions' • requirements and must include commitments for full funding of the construction. • h) Weld County Road 53— Interstate 76 Interchange Feasibility Study Project. • Trigger: Prior to the approval of the Final Plan containing the 3000th dwelling unit, the developers of the Pioneer PUD, their successors and assigns will provide to Weld County or other applicable jurisdiction all supporting documentation necessary to initiate a 1601 Feasibility Study for Weld County Road 53— Interstate 76 Interchange Improvements. • Project Description: The interchange improvements study will include evaluation of southbound and northbound WCR 53 traffic entering 1-76 and will evaluate 1-76 traffic exiting the interstate onto WCR 53. The study will include evaluation of applicable roadway and overpass bridge widening, applicable on-ramp and off- ramp widening, and improvements to the intersection of WCR 53 with the UPRR tracks south of the interchange. The study will include evaluation of signalization. The study will include interchange design and cost estimates. The preparation costs of the Feasibility Study for Weld County Road 53— Interstate 76 Interchange Improvements, including preparation of all required documents, designs, plans, and cost estimates shall be the sole responsibility of the developers of the Pioneer PUD, its successors and assigns. Per CDOT 1601 guidance and Weld County requirements, the Feasibility Study materials must include identification and commitments for full funding of the I-76-WCR 53 interchange construction. i) Weld County Road 53 Construction Project. • Trigger: Prior to the approval of the Final Plan containing the first dwelling unit, east of the half section line of Section 8, T2N, R64W (east of the Horse Camp • Draw/Un-named drainage), the developers of the Pioneer PUD, their successors and assigns will cause construction and completion of WCR 53 from WCR 24 south to Interstate 76. • Project Description: Construct WCR 53 to four paved lanes from WCR 22 south to Interstate 76. The roadway design and approval will meet all CDOT, Weld County, and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. j) Weld County Road 53— Interstate 76 Interchange Construction Project. • Trigger: Prior to the approval of the Final Plan containing the first dwelling unit, east of the half section line of Section 8, T2N, R64W (east of the Horse Camp Draw/Un-named drainage), the developers of the Pioneer PUD, their successors and assigns will cause construction and completion of the Interstate 76 interchange at WCR 53 according to the 1601 Feasibility study plans approved by the CDOT, Weld County, and other applicable jurisdictions. • Project Description: Interchange improvements to include provisions for south- and north-bound WCR 53 traffic entering and exiting 1-76 and may include improvements to the intersection of WCR 53 with the UPRR tracks south of the interchange. The roadway-interchange design and approval will meet all CDOT, railroad, and Weld County or other applicable jurisdictions' requirements and must include commitments for full funding of the construction. • k) Weld County Road 22 Construction Project. • Trigger: Prior to the approval of the Final Plan containing the first dwelling unit in • Section 8, T2N, R64W, the developers of the Pioneer PUD, their successors and assigns will cause construction and completion of a minimum 2 lanes of WCR 22 from WCR 49 east to WCR 53. • Project Description: Construct WCR 22 to a minimum two paved lanes with additional lanes (turn lanes) at proposed intersections with WCR 22, WCR 51, and WCR 53, or equivalent collector status streets. The roadway design and approval will meet all Weld County and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. I) Weld County Road 28 Construction Project. • Trigger: Prior to the approval of the Final Plan containing the first dwelling unit in Section 32, T3N, R64W, the developers of the Pioneer PUD, their successors and assigns will cause construction and completion of a minimum 2 lanes of WCR 28 from WCR 49 to the intersection with WCR 53. • Project Description: Construct WCR 28 to a minimum two paved lanes with additional lanes (turn lanes) at WCR 49 east to the northeast corner of Section 32 at the intersection with WCR 53. The roadway design and approval will meet all Weld County and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. m) Weld County Road 49 Widening Project (Part 2). • Trigger: Prior to the approval of the Final Plan containing the first dwelling unit in • Section 32, T3N, R64W, the developers of the Pioneer PUD, their successors and assigns will cause construction and completion of the widening of WCR 49 from WCR 28 south to the previously improved intersection of WCR 24 and WCR 49. The developer will construct warranted traffic signals at the intersection of WCR 49 with WCR 28 if deemed necessary by a future traffic study. • Project Description: Widen WCR 49 to four paved lanes with additional lanes (turn lanes) at WCR 28. The developer will construct warranted traffic signals at the intersection of WCR 49 with WCR 28. The roadway and signalization design and approval will meet all Weld County and other applicable jurisdictions' requirements and must include commitments for full funding of the construction. • DINo A. Ross Attorney& Counselor at Law 303•628•3686(direct) 303•623.2062(fax) • IRELAND dross@irelandstapleton.com STAPLETON November 6, 2007 Via Email: bmueller@co.weld.co.us Brad Mueller Weld County Planning&Building Department 918 Greeley, Colorado 80631 Re: Pioneer PUD Change of Zone, Case No. PZ-1125 Dear Mr. Mueller, As we discussed, our firm represents the Hudson Fire Protection District ("Hudson FPD"). • This letter supplements, and to the extent it is inconsistent, supercedes, the referral response from the Hudson FPD dated August 22, 2007. Hudson FPD has authorized our firm to advise the Planning Commission that Hudson FPD supports the Department of Planning Services Staffs Administrative Recommendations of a conditional approval of the zone change, subject to the conditions discussed below. In order to meet the significant fire and emergency services needs of this development, a fire station will need to be constructed within the portion of the development lying within Hudson FPD's jurisdiction. The Hudson FPD has reached agreement with the developer that Section 4(G) of the Administrative Recommendations (Statement of Development Commitments), shall be revised to state: • The developers of the Pioneer PUD, their successors and assigns shall dedicate a minimum one and one-half(11/2) acres site for a fire station within the portion of the Pioneer PUD lying within the Hudson Fire Protection District's ("Hudson FPD") jurisdiction in such Planning Area as is mutually agreed upon by Weld County and Hudson FPD. Such site shall be dedicated in fee simple absolute with marketable title at the time of platting or site review of the 500th residential unit within Hudson FPD's jurisdiction, at no cost to Hudson FPD. Similar language has been included with respect to South East Weld County Fire Protection District. This amendment is reflected in the revised Section 7 of the attached Statement of Development Commitments. • EXHIBIT I003S4000 v354753 vl • Brad Mueller November 6, 2007 Page 2 • In addition, the developer and Hudson FPD have agreed that Section 1(R) of the Administrative Recommendations (Prior to recording the Change of Zone Plat)be amended to read: R. The applicant shall enter into an Intergovernmental Agreement ("IGA") with the Southeast Weld Fire County Fire Protection District, and the Hudson Fire Protection District that shall provide for applicant to construct a separate interim residential firehouse within each Fire District's jurisdiction, and then a permanent Fire Station within each Fire District's jurisdiction, when certain triggers of development have occurred. In addition, the IGA shall provide for the applicant to purchase the fire and emergency equipment reasonably necessary to make each fire station fully functional and operational, and shall purchase fire apparatus for each fire station necessary to meet the service demands of each Fire District. The IGA also shall provide that the applicable special districts with which the developer is involved shall levy a mill levy sufficient to meet the projected operational needs of the fire stations, including hiring and maintaining paid firefighters to staff the fire stations and capital improvements repair and replacement. The IGA shall be submitted to the eligible electors of the applicable special districts with which the developer is involved for approval during the May 2008 general special district election. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) While the developer and the Hudson FPD have not finalized their discussions regarding the fire station • construction, equipment and fire apparatus purchase, and mill levy commitment, the Hudson FPD has advised the developer that it believes the following general elements will be required: a) Fire Station Construction and Purchase of Fire Apparatus and Related Equipment: • Trigger: At the time of platting or site review of the 500th residential unit within Hudson FPD's jurisdiction, the developers of the Pioneer PUD, their successors and assigns will, at no cost to Hudson FPD, cause construction and completion of a fire station and the purchase of fire apparatus and equipment for the fire station. • Fire Station Construction Description: The Fire Station shall be a "turnkey" project containing at least the following elements: 3 apparatus bays; 4 personnel sleeping quarters; 2 administrative offices; kitchen; community living area; storage of protective clothing and a separate personal locker area; decontamination room, meeting nationally recognized standards; restrooms and shower areas for men, women, and the public; bunkroom areas for 4 personnel; physical fitness area; utility and storage space; and mechanical area. The fire station design and elements shall be acceptable to Hudson FPD, and shall meet all Weld County and other applicable jurisdictions' requirements, including all applicable fire code and national recognized standards, such as NFPA, and must include commitments for full funding of the construction. • Fire Apparatus and Equipment Purchase Description: On or before the date a Certificate of Occupancy is issued for the fire station discussed above, the developers of the Pioneer • PUD, their successors and assigns will, at no cost to Hudson FPD, have purchased and Brad Mueller November 6, 2007 Page 3 • conveyed all right, title and interest to Hudson FPD to the new fire, rescue, and emergency medical equipment reasonably necessary to make the fire station fully functional and operational, including but not limited to the equipment inventory attached on Exhibit A, and the following fire apparatus: 1 new pumper truck; 1 new brush truck; and, 1 tender(tanker). • Voter Approval. On or before the November 2008 general election, the Pioneer PUD, their successors and assigns, and all special districts with which they are associated, shall submit to the eligible electors of the special districts such ballot issues and ballot questions as are necessary to obtain voter approval and authorization for: 1) imposition of a real property tax of not less than 2 mills to be dedicated to Hudson FPD for maintenance, operations and future capital improvements; 2) the full funding and construction of the fire station described in the preceding paragraphs, at no cost to Hudson FPD; and, 3) the full funding and purchase of the fire apparatus and equipment described in the preceding paragraphs, at no cost to Hudson FPD. Sincerely, IRELAND, STAPLETON, PRYOR AND PASCOE,P.C. • �} L Mis R. I kw Dino A. Ross Encl. • Proposed Development Commitment#7 Hudson Fire District • 11/6/07 7) Dedication of Land to the South East Weld County Fire Protection District and the Hudson Fire Protection District for Construction of Fire Stations. • The developers of the Pioneer PUD, their successors and assigns shall dedicate a minimum one and one-half (11/2) acres site for a fire station within the portion of the Pioneer PUD lying within the South East Weld County Fire Protection District's ("SE Weld County FPD") jurisdiction in such Planning Area as is mutually agreed upon by Weld County and SE Weld County FPD. Such site shall be dedicated in fee simple absolute with marketable title at the time of platting or site review of the 500th residential unit within SE Weld County FPD's jurisdiction, at no cost to SE Weld County FPD. • The developers of the Pioneer PUD, their successors and assigns shall dedicate a minimum one and one-half(11/2)acres site for a fire station within the portion of the Pioneer PUD lying within the Hudson Fire Protection District's ("Hudson FPD")jurisdiction in such Planning Area as is mutually agreed upon by Weld County and Hudson FPD. Such site shall be dedicated in fee simple absolute with marketable title at the time of platting or site review of the 500th residential unit within Hudson FPD's jurisdiction, at no cost to Hudson FPD. • • Page 1 of 2 Brad Mueller • From: Dino A. Ross [dross@irelandstapleton.com] Sent: Tuesday, November 06, 2007 11:50 AM To: Brad Mueller Cc: Marcus A. McAskin; Joy McGee Subject: RE: Pioneer materials Attachments: #354691 v2 - Pioneer Development-County Commitments (Zoning Change Plat).doc°; #354753 v1 - Letter to Brad Mueller Re Hudson FPD's Position on Pioneer Development.docn Brad, Attached please find the Hudson Fire Protection District's letter to the Planning Commission for the hearing this afternoon. Also attached please find the proposed revised Section 7 to the Commitments. Please do not hesitate to contact me if you have questions. Thank you, Dino Dino A. Ross, Esq. Ireland, Stapleton, Pryor and Pascoe, P.C. 1675 Broadway, Suite 2600 Denver, Colorado 80202 Direct: (303) 628-3686 Fax: (303) 623-2062 e-mail: dross@irelandstapleton.com • Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Tuesday, November 06, 2007 10:40 AM To: Dino A. Ross; Marcus A. McAskin Cc: Brad Mueller Subject: Pioneer materials Dino & Marcus: I understand from Joy that the three of you have come up with a game plan, and that I can anticipate a letter from you requesting 2 things of the Planning Commission: a)a Condition of Approval prior to recording of the plat for an IGA; and 2) modification to Development Commitment#7 in regards to land dedication. Joy also mentioned that there was some confusion on your parts about how the conditions are structured for the case. That was something I apologize for not providing you more information on. Attached is a copy of the staff report. You can that starting on Page 12 there are Conditions that we are recommending that the PC adopt. They continue with#2 on Page 2, #3 on Page 16, etc. Also attached is a final copy of the Development Commitments, although obviously it does not reflect any changes to Commitment#7. Please call with any questions. I will be leaving for the pre-hearing meeting at around 11:30, so I will keep a look-out for any correspondence. Joy was not clear with me about whether either of you would be attending the hearing, so please clarify that, too, if you can. • Brad 970-353-6100 x3572 11/06/2007 November 1, 2007 Brad Mueller Weld County Planning Services—Greeley Office 918 Tenth Street Greeley, CO 80631 Re: Pioneer Change of Zone Application Dear Brad: This letter is submitted on behalf of the Southeast Weld Fire Protection District (the "Fire District'), where I am currently the Fire Chief. This letter is submitted in advance of the November 6, 2007 planning commission hearing on the change of zone application submitted on behalf of and for the approximate 5,600 acre Pioneer community(the "Development"). At full build-out, it is anticipated that the Development will consist of approximately 9,400 residential units and approximately 200,000 square feet of commercial/ retail, which will place significant demands on • the Fire District for the provision of fire protection and emergency medical services. In order to assist with the financing and construction of public infrastructure necessary to serve the Development, the Pioneer Regional Metropolitan District and the Pioneer Metropolitan District Nos. 1 - 6 were formed (collectively, the "Pioneer Districts"). The Fire District has had preliminary meetings with Jack Reutzel and Joy McGee (of Reutzel & Associates, LLC representing proponents of the Development), in which the proponents of the Development indicated that the Pioneer Districts would be willing to enter into an intergovernmental agreement with the Fire District which agreement would require the Pioneer Districts to impose a mill levy of two (2) mills related to defraying the costs of providing fire protection and emergency medical services to the Development, and pledge the revenues generated by such mill levy to the Fire District as well as the Hudson Fire Protection District. While the details of this arrangement have yet to be finalized, the Fire District is generally supportive of such a concept. The proposed additional revenue to be generated by the additional two (2) mills (collected by the Pioneer Districts and remitted to the Fire District) will assist the Fire District with offsetting certain administrative and operations and maintenance costs directly related to providing services to the Development. As you may know, the Fire District is a volunteer organization. The Development will likely, at some point, require the Fire District to retain part-time and full-time paid emergency services personnel. The proposed two (2) mills will also allow the District to retain paid personnel at some point in the future on an as-needed basis. However, the proposed intergovernmental agreement is not expected to adequately address all of the anticipated capital equipment needs of the Fire District in the initial years of residential and retail construction occurring within the Development. At this point, the Fire District is considering requesting the • November 1, 2007 • Page 2 County's support in implementing a capital impact fee which would be imposed on each new development within the boundaries of the District(the "Impact Fee"). It is currently anticipated that the Impact Fee would be implemented through an intergovernmental agreement with the County and set at a level roughly proportional to the fire protection and emergency medical service needs generated by the specific type of development. In the event of a change of use, redevelopment, expansion or modification of an existing use (that meets a certain threshold level and requires development approval by Weld County), the Impact Fee would likely be based on specific needs generated by the new or expanded use as compared to the previous use. The Impact Fee would be imposed to ensure that adequate capital facilities to provide emergency medical services and fire protection services are available to the Fire District. While the specific amount of the Impact Fee has not been determined (the Fire District will require additional time to complete a fiscal impact study and present recommendations to its Board of Directors), the same would be designed to: (1) ensure that existing taxpayers within the Fire District do not bear the costs associated with acquiring new capital equipment needed to serve the Development; (2) plan for the anticipated future delivery of services; (3) ensure that the funding requirements of the Fire District for apparatus, equipment, and stations are adequately and timely met. Other fire protection districts in Colorado through similar intergovernmental arrangements with the County or municipality in which they are located collect similar capital impact fees ranging from approximately$250 to$1,000 per single family equivalent. The Impact Fee collected would be used by the Fire District to ensure that the Fire District has the • capability to respond safely and competently to all types of calls generated within the Fire District. If adopted by the Board of Directors, the Fire District will likely be requesting the cooperation of the County Building Department in advising applicants of the existence of the Impact Fee, as it is currently anticipated that the same will be considered due and payable by the Fire District at the time of building permit. The Fire District would be responsible for administering and collecting the Impact Fee. Specific initial capital needs of the Fire District related to providing emergency medical and fire protection services to the Development include the acquisition of a new engine, a new brush truck, and a new tanker. Estimated costs associated with acquiring these capital items are approximately $500,000.00 (in 2007 dollars). In lieu of working with the County to implement an Impact Fee, the Board of Directors of the Fire District has also had preliminary discussions regarding the possibility of requiring the Development to directly finance the acquisition of these initial capital items at a specific trigger date in the future. Currently, the Fire District serves a population of 3,500 residents within the boundaries of the Fire District and we have four ISO rated engines. The Fire District anticipates that it will require the initial capital equipment listed above in order to adequately service the Development at some point after the construction of the 500th residential unit, but prior to completion of the 1,000th unit. Therefore, the Fire District is requesting the County Planning Commission consider a condition on approval of the Change of Zone application that would require the majority landowner of the Development (the "Developer") to make a capital contribution to the Fire District of approximately $500,000 upon the issuance of the 500th certificate of occupancy within the Development (or some other trigger date that the Planning Commission determines is reasonable). Thereafter, the Fire District anticipates that it will require one (1) additional ISO rated engine for every 1,000 homes completed • within the Development (at a cost of approximately $250,000 in 2007 dollars per each additional ISO rated engine). The Fire District's revenue to be generated by the two (2) mills proposed to be imposed by the November 1 , 2007 Page 3 • Pioneer Districts does not appear to generate sufficient revenue in the early years of development to adequately fund the acquisition of capital equipment. For that reason, the Fire District is also requesting that the Development contribute $250,000 to the Fire District at the following times (CPI or inflation adjusted to the date on which the capital contribution is made): (1) upon the issuance of the 2000th, 3000th, and 4000th certificate of occupancy within the Development, respectively. This continuing capital contribution requirement could also be considered by the Planning Commission as a condition on approval on the Change of Zone request. The Fire District expects to continue to work with the Developer on the specifics of any such arrangement between now and consideration of the Change of Zone application by the Weld County Board of County Commissioners, but has preliminarily concluded that sole reliance on the revenue expected to be generated by a mill levy of two (2) mills imposed by the Pioneer Districts may be inadequate to timely fund the acquisition of capital equipment required to serve the Development. If Planning Commission is not supportive of either the Impact Fee concept or the capital contribution concept discussed herein, the Fire District requests that the Planning Commission consider increasing the proposed fire services mill levy (to be levied and collected by the Pioneer Districts and allocated to both the Fire District and the Hudson Fire Protection District)to three (3) mills. On the issue of responding safely to calls within the Fire District, we would like to see the Planning Commission consider requiring the completion of the proposed Keenesburg Parkway (extension of WCR 22) prior to residential construction commencing within the Development. With the completion of the Keenesburg Parkway, response times to calls initiated within the Development will be significantly reduced and interconnectivity within the immediate vicinity of the Development improved. The Fire District • considers the completion of the Keenesburg Parkway or other secondary access point to homes within the Development to be a significant public safety issue. If you have any questions in advance of the November 6th hearing date, please feel free to contact me at 970-539-0874. Sincerely, SOUTHEAST WELD COUNTY FIRE PROTECTION DISTRICT /s/ Chief Thomas Beach cc: Joy McGee, Reutzel &Associates(via email) • Page 1 of 1 Brad Mueller • From: Sbrhouse@aol.com Sent: Tuesday, November 06, 2007 8:27 AM To: Brad Mueller Subject: hope Mr. Mueller Our legal address is 9428 WCR 49. Our land runs one half mile parallel with Pioneer Communities. The planners said that 5,000 acres was such a rare find that they could not pass it up. This development is just a way for many too make a lot of money even Arizona investors are helping to decide our life style. Why is this happening? It is taking the identity and heritage away from families and community. Is there really any need or reason for this huge project other than the benefit and challenge of others? Did they predict the current real estate decline, can they predict the future? Just please, they are the Goliath and we not even David, we are more like distant cousins. They are the enemy. I know your office has already approved it. But again, Why?? If there would not have been 5000 acres and they had to buy a few acres at a time would this project have even entered anyone's mind? We are just asking that we are just as important as a few men who want to destroy our"space". A city five times the size of Fort Lupton in the middle of agri land is a obvious example of the will of the corporate world getting what they regardless what the"little guy wants and needs". • Thank you Don and Susie Bratrsovsky See what's new at AOL.com and Make AOL Your Homepage. • EXHIBIT a V•� 11/06/2007 Page 1 of 1 Brad Mueller • From: Kristy Stallsworth [k_stallsworth@yahoo.com]� Sent: Tuesday, November 06, 2007 8:56 AM To: Brad Mueller Subject: Pioneer Communities Hearing Mr. Mueller, I received your e-mail from a neighbor regarding the Pioneer Communities development zoning change application. I wanted to let you and the rest of the county commissioners that my husband and I both oppose this development. First off, we have received nothing from Pioneer regarding this develpoments. I understand that they have stated that they have sent out notices to all possibly affected parties. We live on the corner of County Road 18 & County Road 51, this is less than 3 miles from the density center of this community, and yet we have not received one word about this development from the developer. Second, the county's own soils experts have stated that the soil is unsuitable for residential building. Why would the zoning change be granted against their advice? Residential property uses much more water per square foot than agricultural property. There already is a shortage of water. The 2 aquifers that surround the,Pioneer Communities development are unsufficient to supply this heavy usage. One of the aquifers is a non-replenishing aquifer, and the other • requires sufficient rainfall to replenish of which we have been short supply. There are 24 points of compliance that Pioneer has yet to address. Most of these points had a July deadline, and as of October, they still had not been satisfied. This community will place and undue burden on county resourses and on the current agricultural residents. And considering the current state of foreclosures in Weld County, we're not sure that this is any kind of answer for this area. Please consider denying Pioneer Communities the change in zoning from agricultural to residential. Thank you, Kristy & Doug Stallsworth Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com • EXHIBIT 1 Was 11/06/2007 1. Due to the projected length of time the Applicant will need to complete full build- • out of the PUD area through the filing of several applications for final plans, the time frame set forth in Section 27-8-50 for submitting such applications for final plans after approval of the PUD Change of Zone Plat is hereby waived. 2. Weld County will initiate no change to the land uses, Development Standards or PUD Change of Zone Plat without the consent of the Applicant evidenced by an application for such change submitted by the Applicant. It is understood that the Applicant may apply for amendment to the PUD Zone District to modify the uses and standards of the PUD Zone District, or to conform to requirements contained within the PUD Zone District Development Standards. Any such modification proposed by the Applicant shall be in conformance with the amendment procedures outlined in the Development Standards and the Weld County Code. • • EXHIBIT $. K REUTZEL & ASSOCIATES, LLC . ATTORNEYS AT LAW 9145 EAST KENYON AVENUE,SUITE 301 Land Use/Zoning DENVER,COLORADO 80237 Real Estate Telephone(303)694-1932 Annexations Fax(303)694-3831 Community Associations www.reutzelandassoccom Oil and Gas - Local Government JACK E.REUTZEL jack@reutzelandassoc.com MEMORANDUM FROM THE DESK OF JACK E. REUTZEL DATE: NOVEMBER 6, 2007 TO: WELD COUNTY PLANNING COMMISSION SUBJECT: PZ-1125-CONDITIONS OF APPROVAL On behalf of my clients, Pioneer Communities, Inc. and HP Farms, LLC, I have the authority to advise the Planning Commission as to the applicants consent regarding various conditions of approval contained in the October 16, 2007 Planning Staff Report presented to the Planning Commission at the October 16, 2007 hearing. In that regard,please be advised as follows: • 1. Conditions 1 (Staff Report pgs 12-14),A-V, inclusive are acceptable to the Applicants and we believe for the most part have already been satisfied. • Conditions W and X, from a timing standpoint will be hard to meet, and should be modified to allow for the submittal and recording to occur within a timely manner. Due to the magnitude of the project a requirement to have the plat recorded within thirty days places an automatic penalty on the applicant. 2. Conditions 2 (Staff Report pg 14-16), A-M, inclusive and O- T inclusive are acceptable to the Applicants. • Condition 2 N, the Applicants would propose to reserve the right to study alternatives and continue the discussion of the appropriate trail crossing at the time of final plan where such detail is more appropriate. The applicant therefore requests the last two sentences of the note be deleted. The Applicant acknowledges that an east-west connection is appropriate and an above or below grade crossing such as the one specified by staff s proposed note, are two specific solutions and are options. However, there may be other safe alternatives for a trail crossing WCR 49. • EXHIBIT 8 3. Conditions 3 (Staff Report 16-19) A-CC, inclusive and EE are acceptable as • written. Condition DD has been revised by the Applicant and County Attorney and the applicant concurs with the language of the revised notes regarding the issue. 4. Conditions 4 (Staff Report 19-21) A-I are acceptable. The Applicant and Public Works have agreed on further development commitments regarding off-site roads that will be presented to the Planning Commission at the November 6th hearing. The Applicant has also been working with the Fire Districts regarding conditions and will summarize the progress and conditions acceptable to both parties. 5. Conditions 5 (Staff Report pg 21) Pioneer Development Standards are acceptable and minor refinement of statements will be addressed with staff. 6. Conditions 6 (Staff Report pg 39) A-P are acceptable. Thank you for your consideration. • • N ci 0 to cat • n., a) g a � t) o 44 g j, 3v 0- to to o S 0 a � b ch , Q 8 .5 Y p w bp' o p a E 4, o •� ° f D U 'b ... cd U ,C..'. t' U .4- o m i O U •.7 -O ° m • o bA O y .° 'O 3 b C�. b0 c l i° ° 'C r•" ��" 'm U bq �, y -y rTi a O "k .b 'p0 s" > •n a U a) " w it l-tVl •d yad � .ya c° ou '2 ° _av � T V > c = r ° y -k � Iwo �'Ux ° ca V .E tob .. ° a Y �¢"" a 'civil (-jai Q A c oh _ 0 V O ° c° N y T A O y .--i Y rn kJ U _�+ Ul 4. U • ,Ft .� T54 .0eu .E y "°' b❑ 'bp O N N c2 0 ° c"O' O�0 00099 ° 9 8Q bNt N ° Yv'- ❑ Ca ° o U -- c U o > qqU x ro o a o 8C7 8 a. & oc4x a •o° 3 ¢ � aa .5 a 4 • o 3 •' 1E2 „ Atd� w o O LL ° ° ° ." ° r3 ctl a) O -rdp m i ° .0 O .Y .b Li, 04cis •2 'b 0 + 'C ti b0 ° '0 Q V �°-. O Q U �.' 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