HomeMy WebLinkAbout20082997.tiff RESOLUTION
RE: APPROVE REQUEST TO MODIFY CONDITIONS OF APPROVAL #1.R AND #2.R OF
CHANGE OF ZONE, PZ#1125, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - PIONEER
COMMUNITIES, INC., AND H.P. FARMS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on January 9, 2008, the Board of County Commissioners approved the
application of Pioneer Communities, Inc., and H.P. Farms, LLC, 4643 South Ulster Street,
Suite 1300, Denver, Colorado 80237, requesting Change of Zone, PZ #1125, from the
A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for a maximum
of 9,455 residential dwelling units, commercial uses up to 200,000 square feet, five(5)elementary
schools, two (2) middle schools, two (2) high schools, twelve (12) local and community parks,
wastewater and water storage areas, and various agricultural and open space uses on a total of
approximately 5,073 acres, for property which is described as parts of Sections 4, 5, 7, 8, 9, 17,
and 18, Township 2 North, and Section 32, Township 3 North, Range 64 West; and Sections 11,
12, 13, 14, and 15, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado ,
and
WHEREAS, Conditions of Approval #1.R and #2.R were approved, to read as follows:
#1.R "The applicant shall address the requirements and concerns of the Hudson
and Southeast Weld Fire Protection Districts, as stated in the referral
response from the Hudson Fire District, dated August 22, 2007. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services. The applicant shall also enter into an Intergovernmental
Agreement (IGA) with the Southeast Weld County Fire Protection District,
and the Hudson Fire Protection District, that shall provide for the 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."
2008-2997
PL1939
/� OS'-
n1 174
RECONSIDER CONDITIONS OF APPROVAL FOR PZ#1125-PIONEER COMMUNITIES, INC.,
AND H.P. FARMS, LLC
PAGE 2
#2.R "The applicant shall either submit, to the Department of Planning Services,
a copy of an agreement with the properties mineral owners and lessees
stipulating that the oil and gas activities have adequately been incorporated
into the design of the site, or indicate the default oil and gas operations
areas, as described in Section 24-65.5-103.5, C.R.S., per State statute.
Showing the default oil and gas operations areas will substantially alter the
PUD Zone Map, so if the default locations are required at the time the
zoning plat is to be recorded, then Weld County may require that the
application be re-reviewed at that time.", and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Department of Planning Services and, having been fully informed, finds Conditions of
Approval #1.R and #2.R shall be amended to read as follows:
#1.R "The applicant shall enter into an Intergovernmental Agreement (IGA) with
the Southeast Weld Fire Protection District, and the Hudson Fire Protection
District, prior to the first public hearing scheduled for any final plan
containing residential lots for the Pioneer PUD, that shall provide for the
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, upon the occurrence of certain development triggers
detailed in the IGA. 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 levy a mill levy sufficient to
meet the projected operational needs of the fire stations, including 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. Evidence of all of the above shall
be submitted, in writing, to the Weld County Department of Planning
Services.", and
#2.R. "The applicant shall either submit, to the Department of Planning Services,
a copy of an agreement with the properties' mineral owners and lessees
stipulating that the oil and gas activities have adequately been incorporated
into the design of the site, or indicate the default oil and gas drilling
operation areas, as described in Section 24-65.5-103.5, C.R.S., and in
applicable regulations of the Colorado Oil and Gas Conservation
Commission. If the default oil and gas drilling windows are included on the
PUD (Planned Unit Development) Zone Map, and, prior to recording, such
inclusion is determined by the Department of Planning Services to be a
substantial alteration of the PUD Zone Map, then the Department may
2008-2997
PL1939
RECONSIDER CONDITIONS OF APPROVAL FOR PZ#1125-PIONEER COMMUNITIES, INC.,
AND H.P. FARMS, LLC
PAGE 3
require that the PUD application be re-reviewed."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Conditions of Approval #1.R and #2.R for Change of Zone, PZ
#1125, on the hereinabove described parcel of land be, and hereby are, amended as stated
above.
BE IT FURTHER RESOLVED that all other Conditions of Approval included in
Resolution #2008-0050, approved on January 9, 2008, remain in full force and effect.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
g WELD COUNTY, COLORADO
ATTEST: 41411
w • m H. Jerke, Chair
Weld County Clerk to thrBd •' '` \F \j I .4 , - Robert D. MaFn, Pro-Tem
BY: /'ti/ .� �. �.��_ i� •
Deputy Clerk,. the Boar. /1P
i m F. G rcia
APPROVED AS TO FORM:
David E. Long
A� ou lJf ( y ( �1C1 /.t( A
t I
Attor ✓
gas ademach r
Date of signature:
2008-2997
PL1939
EXHIBIT
//-\
IrcH, ‘„, Memorandum
TO: Board of County Commissioners
111 ik DATE: November 5, 2008
FROM: Brad Mueller
COLORADO Department of Planning Services
RE: Reconsideration of Pioneer PUD Change of
Zone Conditions of Approval (File PZ-1125)
CC: Clerk to the Board; County Attorney
Summary of Requests
The Board is requested to consider this matter at its regularly-scheduled business meeting on
Wednesday, November 12, 2008.
The applicants of the Pioneer PUD Change of Zone (File No. PZ-1125) request that the Board
re-consider Condition of Approval #1-R, concerning the completion of an Intergovernmental
Agreement between the Pioneer Regional Metropolitan District, and the Southeast Weld County
Fire Protection District and the Hudson Fire Protection District. The applicant would like to
essentially defer this requirement to prior to the first hearing of a final plat with residential lots,
and the fire districts have agreed to this change.
This memo also provides an update on another important conditional item, the requirement for a
Surface Use Agreement("SUA") between the landowner and the mineral rights owners. While
resolution on this appears eminent, staff recommends a change to Condition of Approval #2-R to
avoid confusion about what may take place, should a SUA never be reached.
History: Fire Service Condition of Approval
The Weld Board of County Commissioners conditionally approved a request for a Change of
Zone by Pioneer Communities, Inc. and HP Farms LLC on January 9, 2008. The Conditions for
this approval included Condition of Approval #1-R, as follows:
#1-R. The applicant shall address the requirements and concerns of the Hudson and
Southeast Weld Fire Protection Districts, as stated in the referral response from the
Hudson Fire District, dated August 22,2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. The applicant shall
also enter into an Intergovernmental Agreement (IGA) with the Southeast Weld
County Fire Protection District, and the Hudson Fire Protection District, that shall
provide for the 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
1 •'(CS' 2,21
7
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.
Since January 2008, the applicant and fire departments have had regular discussions about how
to provide services to the Pioneer site. These have been on-again/off-again at times, but there
have been several milestones. In May, the Pioneer Regional Metropolitan District(i.e., the
service district), and Pioneer District Nos. 1 —6 (i.e., the funding districts) successfully held
elections that authorized the Metro Districts to enter into IGA's with the Fire Districts for funding
and service. This election also authorized the imposition of an annual ad valorem property tax
mill levy of two mills for fire service.
Despite this progress, at this time Pioneer and the Fire Districts have not yet executed an IGA,
and it appears unlikely that this could be achieved soon, in part because of the limited resources
of the fire districts and the infrequency that their boards meet, and also in part because of the
complexities of an agreement. Because of this, the applicant requests that the requirement be
deferred until prior to the first hearing for a final plat with residential lots for the site. The Fire
Districts have agreed to this change in correspondence dated March 18, 2008, and April 10,
2008 (attached).
Negotiations on an IGA remain on-going. Planning Services received a draft copy of the IGA in
August, 2008, and reactions from the Hudson Fire District in September, 2008. The draft
includes clauses that address the basic items outlined in the current Condition of Approval.
Recommendation: Fire Service Condition of Approval
Planning Staff recommends that Condition of Approval #1-R be revised to as follows:
Revised #1-R: The applicant shall enter into an Intergovernmental Agreement(IGA)with the
Southeast Weld Fire Protection District, and the Hudson Fire Protection District,
prior to the first public hearing scheduled for any final plan containing residential
lots for the Pioneer PUD, that shall provide for the 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, upon the
occurrence of certain development triggers detailed in the IGA. 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 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. Evidence of all of the above shall be
submitted, in writing, to the Weld County Department of Planning Services.
e
Update: Oil and Gas Surface Use Agreement
One of the most complicated Conditions of Approval of the Pioneer Change of Zone has been
the requirement that the applicant complete a Surface Use Agreement ("SUA")with the mineral
rights owner prior to recording the Change of Zone plat. It is listed in the Change of Zone
Resolution as Condition of Approval #2-R.
Most of the complexities of the SUA lie between the surface owner and the mineral rights
owners, and the SUA is ultimately a private agreement between the parties. However, staff has
attempted to stay informed of the negotiations in an effort to understand the County's potential
role in enforcing —or at least being aware of—any provisions of the Agreement. Many of the
complexities come from the relationship of new State Statutes (24-65.5-103.5 C.R.S.) and the
longer-standing Colorado Oil and Gas Conservation Commission regulations.
While it appears that the parties will in fact reach an agreement, the existing Condition of
Approval provides for a second option. If an SUA cannot be achieved, then the applicant has
the option of showing those drilling windows that would otherwise be required to be
accommodated by the land use plan.
Recommendation: Oil and Gas Surface Use Agreement
The existing Condition #2-R somewhat misleadingly refers to "default areas" described in State
statutes, while the intention of the Condition was to require the applicant to show any default
drilling windows on the Zoning Plan, if an SUA was not achieved. After consulting with the
Colorado Oil and Gas Commission, it is clear that the "5-spot" vertical drilling windows required
by the Commission (which the County has typically referred to as the "default windows") remain
a consideration, even if the statutory allowance of a 600' x 600' window is also a factor.
The existing Condition of Approval is as follows:
#2-R. The applicant shall either submit, to the Department of Planning Services, a copy of
an agreement with the properties mineral owners and lessees stipulating that the oil
and gas activities have adequately been incorporated into the design of the site, or
indicate the default oil and gas operations areas, as described in Section 24-65.5-
103.5, C.R.S., per State statute. Showing the default oil and gas operations areas
will substantially alter the PUD Zone Map, so if the default locations are required at
the time the zoning plat is to be recorded, then Weld County may require that the
application be re-reviewed at that time.
To avoid any future confusion, Planning staff recommends that this Condition be amended to the
following, to account for all rules regarding drilling windows:
Revised #2-R. The applicant shall either submit, to the Department of Planning Services, a copy
of an agreement with the properties' mineral owners and lessees stipulating that
the oil and gas activities have adequately been incorporated into the design of the
site, or indicate the default oil and gas drilling windows as described in C.R.S.
Section 24-65.5-103.5 and in applicable regulations of the Colorado Oil and Gas
Conservation Commission. If the default oil and gas drilling windows are included
on the PUD Zone Map, and, prior to recording, such inclusion is determined by
the Department of Planning Services to a substantial alteration of the PUD Zone
Map, then the Department may require that the PUD application be re-reviewed.
3
Esther Gesick
From: Brad Mueller
Sent: Tuesday, November 25, 2008 2:30 PM
To: Esther Gesick
Subject: FW: Pioneer Conditions
Original Message
From: Bruce Barker
Sent: Thursday, November 06, 2008 4:24 PM
To: Brad Mueller
Subject: Pioneer Conditions
Brad:
For Revised #1-R, I think its too uncertain what is meant by, "when certain triggers of
development have occurred. " Might want to say, "upon the occurrence of certain
development triggers detailed in the IGA. "
For Revised #2-R, might be best to change the end of the first sentence and all of the
second sentence to say the following: " . . .in C.R.S. Section 24-65.5-103 .5 and in
applicable regulations of the Colorado Oil and Gas Conservation Commission. If the
default oil and gas drilling windows are included on the PUD Zone Map, and, prior to
recording, such inclusion is determined by the Department of Planning Services to a
substantial alteration of the POD Zone Map, then the Department may require that the POD
application be re-reviewed. "
Bruce.
EXHIBIT
i
REUTZEL& ASSOCIATES, LLC
ATTORNEYS AT LAW
9145 EAST KENYON AVENUE.,SUITE 2.00 Land Uoc/Tuning
pyN VF..R,COLORADO 80217 Rest rRe,r
Prime(303)f,44.t4R2 fax(303)644.3831 Annexations
C«mnuniry Assn-itians
www.reutzelar.dassoccom Oil and Gas
Ltxn1 Csovesromdnt
eu porau
March 18, 2008
Mr. Brad Mueller
Weld County Planning Services
918 10" Street
Greeley, CO 80631
Re: Pioneer ?LID Change of Zone(File No. PZ-i 125)
Dear Brad,
in connection with the Pioneer Change of Zone, the undersigned being authorized by
their respective Board of Directors and property owners wish to express their consent to modify
Condition I-R so as to require the establishment of the intergovernmental Agreement prior to the
first public hearing scheduled by Weld County for a final plan for the Pioneer PUD. The
modification as to timing would necessitate the condition being relocated to one of the Condition
4 matters addressing "Development Commitments,"With that modification, the condition would
read:
The applicant shall enter into an Intergovernmental Agreement (IGA) with the
Southeast Weld Fire Protection District, and the Hudson Fire Protection District, prior to
the first public hearing scheduled for any final plan for the Pioneer PUD, that shall
provide for the applicant to construct a separate interim residential firehouse within
each Fire Districts 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, ano
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 shalt 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
distnct election. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services_
Our attorneys are worsting with the attorneys for Pioneer Regional Metropolitan District
and Pioneer Metropolitan District Nos. 1-6 ("Pioneer Districts") on the terms of the proposed
IGA. The bai;ot content for the election questions on the IGA to be approved in the May 2008
election has been certified to the Designated Election Official for the Pioneer Districts in charge
of conducting the May 2008 election. The parties are in negotiations and are continuing to work
(00120041.DOC v.2)1
Brad Mueller
March 18, 2008
Page Two
out the specific language of the IGA, The IGA will be in place prior to the need for enhanced fire
protection services which will be required prior to combustible materials being brought on site,
an event to occur only after final plan approval and the issuance of permits by the County,
Therefore, we do not believe it is necessary to have the IGA in place prior to the recording of the
Pioneer Change of Zone and we are supportive of the condition modification set forth above,
Please let us know if you require additional information regarding this letter. On behalf
of the parties, we appreciate your assistance in this matter.
Very truly yours:
Owner/Applicant
Authorized Agent
Jack E. Reutzel
Southeast Weld Fire Protection District
, Chief
Thomas Beach
Hudson Fire Protection District
, Chief
John BI stop
JER/
{D0i200a1.DOC r.2Z2
GRIMSHAW& BARRING
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SUITE V.MERITAS
WELLS FARGO OO CENTER
1700 LINCOLN STREET LAW fIRMS WORLDWIDE
DENVER,COLORADO 80203.4538
TEI.NIPUONE(303)839-3800
TELECOPIER(303)839.3838
W W W.GRTISHAWHARRExc.COM
Marcus A.McAskin mcasidn@grimshawharring.com
303-839-3852
April 10, 2008
Mr. Brad Mueller
Weld County Planning Services
918 10th Street
Greeley, CO 80631
Re: Pioneer PUD Change of Zone(File No. PZ-1125)
Brad:
This firm represents the Southeast Weld Fire Protection District("SEWFPD"). Enclosed
herewith is a copy of correspondence dated March 18, 2008 from Reutzel & Associates, LLC,
regarding the request of Pioneer Communities, Inc. (as the applicant/owner) to modify Condition
I-R. It is my understanding that the Hudson Fire Protection District has already executed a copy
of the enclosed, and that an executed copy has been or will be provided to your office. I have
reviewed the applicant/owner's request on behalf of SEWFPD, and hereby consent to the
proposed modification of Condition I-R as set forth in the enclosed letter (requiring that the
intergovernmental agreement between the Pioneer Regional Metropolitan District and SEWFPD
be finalized and executed prior to the first public hearing scheduled for any site specific
development plan for the Pioneer Planned Unit Development).
Should you have any questions,please feel free to call or email.
Sincerely,
GRIMSHAW&MARRING, P.C.
M rcu A. cA kin
Enclosure
cc: Chief Tom Beach(via email)
MaryAnn McGeady(via email)
Page 1 of 1
Brad Mueller
From: Joy McGee [joy@reutzelandassoc.com]
Sent: Wednesday, September 17, 2008 9:04 AM
To: Brad Mueller
Subject: FW: Pioneer
From: Marcus A. McAskin [mailto:mcaskin@grimshawharring.com]
Sent: Wednesday, April 09, 2008 9:41 AM
To: MaryAnn McGeady
Subject: Pioneer
MaryAnn:
Have been unable to reach Chief Beach this morning. However, based on my conversation with him
yesterday, I'm comfortable drafting a separate letter to Brad M, essentially stating that Southeast Weld
FPD is ok with the proposed modification (requiring the establishment of the 1GA prior to the first
public hearing scheduled by Weld County on a site specific development plan or final plan for the
Pioneer PUD). PIs confirm that this will be sufficient for your client's purposes, and I can have the letter
prepared and sent today.
Marcus A. McAskin
Grimshaw&llarring, P.C.
1700 Lincoln Street,Suite 3800
Denver,CO 80203
Direct: 303-839-3852
Fax: 303-839-3838
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received this communication in error,please notify us immediately by return e-mail and destroy this communication and all copies thereof,including all attachments.
09/24/2008
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