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Home My WebLink About20060328.tiff APPLICATION TO AMEND I-25 MIXED USE DEVELOPMENT AREA MAP Submitted by: Benson Farms Limited Liability Company do Gary A. Woods 4725 S. Monaco Street, Suite 205 Denver, Colorado 80237 (303) 708-1105 Fax — (303) 708-8819 Date: August 1, 2005 EXHIBIT I 2006-0328 BENSON FARMS LIMITED LIABILITY COMPANY 4725 S . MONACO STREET , SUITE 205 DENVER , COLORADO 80237 303 - 708 - 1105 • 303 - 708 - 8819 ( FAX ) November 10, 20051e//c 1/ 9/21)/ Federal Express FE y(Fy oiqe ov Ms. Michelle Martin e 1 g 'we pa'fmPnt �Weld County Department of Planning Services '` C^ 2O 5 918 10`s Street `c 1� Greeley, CO 80631 O Re: Second Amendment to MUD Map Amendment Application— Meadow Ridge Dear Ms. Martin: Per your request, enclosed is a second amendment to the MUD Map Amendment Application submitted by Benson Farms Limited Liability Company and the Reynolds Cattle Company pertaining to the E/2 of Section 23 and the SW/4 of Section 24. In response to your request that the Applicants agree to narrow the allowed uses within the"flex zones"to exclude C-3 uses, enclosed is the following: 1) Second Amended Proposal to Amend I-25 Mixed Use Development Area Map deleting reference to C-3 use within the"flex zones;" 2) Revised map excluding C-3 use from "flex zones;"and 3) Updated traffic study revising Scenario III to reflect full build out of the"flex zones" as neighborhood commercial (i.e. C-1 and C-2)rather than 96 acres of industrial use as set forth in the original traffic study dated July 27, 2005. As discussed, we are proceeding on the assumption that the hearing on this application set for November 15, 2005 will be continued to December 20, 2005. Please let me know if you need any additional information to process our application for amendment of the MUD map. I appreciate your attention to this matter. Very truly yours, Stephanie M. Stewart Enclosures cc: William B. Woods (with enclosures) Tom Reynolds (with enclosures) SECOND AMENDED PROPOSAL TO AMEND I-25 MIXED USE DEVELOPMENT AREA MAP INTRODUCTION This proposal requests the Weld County Commissioners amend the 1-25 Mixed Use Development Area (MUD) Map 2.1 to modify the land use allocation within an area that has been previously included within the MUD boundary. Applicant is filing this application based on the recommendation made by the Weld County Planning Department in response to Applicant's Sketch Plan Application to correct any perceived inconsistency between the anticipated land uses at full development and the land use allocation approved by the Weld County Commissioners on May 6, 2002 in connection with Applicant's original application to be included within the MUD boundary and incorporated into the current Structural Land Use Map 2.1. ' The following generally describes the Property affected by this application: The E2 of Section 23(excluding Tax Parcel#12072300025)and the SW4 of Section 24, T3N, R68W of the 6'" P.M.,Weld County, Colorado(the"Property"). This application complies with the requirements of the Weld County Comprehensive Plan as adopted by Weld County Code §22-1-150(4). The property owners have worked diligently toward development of this Property after being included in the MUD boundary. The property owners concluded that the market for commercial development at this site is not currently present and is unlikely in the near term. Consequently, the property owners have pursued re-zoning of the Property to allow a primarily residential development. In the property owners' Sketch Plan Application, a portion of the Property along Hwy. 66 and Weld County Road 9 '/z was designated as a "flex zone"which would allow for flexible zoning allowing development consistent with C-1, C-2, C-3, R-1, R-2, R-3 and R-4 at the discretion of the developer depending on market conditions. The Weld County Planning Department and the Weld County Deputy Attorney have concluded that, if these "flex zones"were developed as residential, such use would be potentially inconsistent with the existing land uses set forth in Map 2.1 which requires Regional Commercial Center use at the corner of Hwy. 66 and Weld County Road 9 '/z and Employment Center use along Hwy. 66 to the east. Developer intends to pursue rezoning of the Property as a Planned Unit Development (PUD). Any reference herein to "PUD residential" or"PUD commercial" uses refers to the specific uses eventually adopted in the PUD for the Property. The sole purpose of the proposed amendment is to modify the land use allocation as previously approved to allow development consistent with Applicant's Sketch Plan Application submitted to Weld County on November 5, 2004 and consistent with the planned zoning for the Property. Specifically, Applicant requests that the Weld County Commissioners approve the following land use allocation: It appears as an aside that the boundaries of the employment center and regional commercial center areas is not consistent with the allocation set forth in the original application to include the Property within the MUD boundary. Applicant requests herein to change these allocations to eliminate the employment center use and reduce the regional commercial center area to an optional use within the approximately 20 acre corner site and the flex zones. The existing clerical error in Map 2.1 would be moot if the Weld County Commissioners approved a modification of the land use allocation. The land use for the Property shall be entirely PUD Residential with the following exception: (1)the approximately 20 acre commercial corner and the "flex zones" along Hwy. 66 and Weld County Road 9'/ may be developed as either(a) residential use consistent with the PUD, including, at minimum, the uses allowed in R-1, R-2, R-3 or R-4 zoning as set forth in §23-3-110, §23-3-120, §23-3-130 and §23-3-140 of the Weld County Code, or(b) Neighborhood Commercial use consistent with the PUD, including, at minimum, the uses approved under C-1 and C-2 zoning as set forth in §23-3-210 and §23-3-220 of the Weld County Code at the option of the developer. As such, the entire Property would be identified on Map 2.1 as residential use with a A symbol affixed to approximately 135.89 acres along Hwy 66 and WCR 9 '/z which area could be developed as residential or neighborhood commercial (i.e. C-1 or C-2)as set forth in the preceding paragraph. While the land use for this Property will be primarily residential, it is intended that the Property will provide a mix of housing, recreation, and educational opportunities for existing and future residents. SATISFACTION OF REQUIREMENTS OF WELD COUNTY CODE § 22-1-150(B)(4) I) THE PROPERTY IS WITHIN THE EXISTING 1-25 MIXED USE DEVELOPMENT AREA The property is currently within the MUD boundary and, therefore, satisfies the requirement set forth in Weld County Code §22-1-150(B)(4)(a)that the property be adjacent and contiguous with the existing 1-25 Mixed Use Development area map. II) THE PROPOSED AMENDMENT TO CHANGE THE LAND USE ALLOCATION OF THIS PROPERTY WOULD NOT PLACE A BURDEN UPON EXISTING OR PLANNED SERVICE CAPABILITIES • Roads: The property is bounded by State Highway 66 on the south and Weld County Road 9-1/2 on the west, Weld County Road 32 on the north and Weld County Road 13 on the East. The property is within the Southwest Weld Road Improvement Area. The existing roadways provide access to regional highways including State Highway 66 and Interstate 25. As development occurs, impact fees will be assessed by the County to provide adequate funding to design and construct the necessary roadway improvements. Weld County Road 9-1/2 has been widened and paved. • Sewer: The Applicants are part of the ownership group that is in the process of forming the East 1-25 Sanitation District which will finance and build a sanitary sewer collector line which will be serviced by St. Vrain Sanitation District. The Applicants have received a will-serve letter from St. Vrain conditioned upon formation of the East 1-25 Sanitation District and modification of the 208 Water Quality Planning Area to include all of the property within the St. Vrain boundary. A portion of the property is already located within the 208 Water Quality Planning Area of the St. Vrain Sanitation District. The St. Vrain Sanitation District has excess capacity and has indicated their willingness to serve this Property in the future. The District has installed a sewer trunk line that is sized to provide service to the portion of the district located north of the St. Vrain River. The line is capable of providing gravity service to most areas of the Property that are planned for development. As development in the area proceeds, it will be necessary to install extensions to existing lines to complete the sewer collection system through the proposed East 1-25 Sanitation District. St. Vrain received approval to expand their treatment facilities as development proceeds within the St.Vrain service area. In the event the East 1-25 Sanitation District is not formed and/or the 208 boundary is not changed to include the Property in the St. Vrain service area, the Town of Mead is under state order to provide a sewer solution to accommodate the planned development within Mead's 208 service area. The Town of Mead has provided the Applicants with a will serve letter indicating its willingness to provide sanitary sewer service to the Property. • Water: The Little Thompson Water District can provide treated water service. Little Thompson Water District has provided the Applicants with a will serve letter for up to 2300 residential lots and 100 acres of commercial development. Weld County Road 9.5 currently has a 24" line which is adjacent to the property with additional capacity. Significant improvements have been made to Little Thompson's water transmission facilities that have increased the system capacities to the north and east of the property in the vicinity of 1-25 and Weld County Road 38 which currently has both 42" and 24" lines. Additional water lines must be added to the water distribution system to provide adequate capacity south of Weld County Road 38 as development in the MUD continues. Little Thompson has in place the necessary development fee structure to provide adequate funding as development proceeds in the general area. The property is irrigated land, and has Colorado Big Thompson and other native water rights to support the proposed development plan. Applicants anticipate the continued use and irrigation from the existing lakes and irrigation ditch systems for open space and outdoor watering needs. This approach to outdoor watering, known as a dual water system could significantly reduce the demand for treated water to the development. • Fire Protection: The Mountain View Fire Protection District serves the area. Specifically, the Property is most easily accessed by Fire Station 2, which is located 2.5 miles to the south of the Property at the intersection of Weld County Road 13 and 24. It is anticipated that additional fire stations and facilities may be needed in the overall MUD area as development proceeds. The existing response time from Station 2 is less than 10 minutes. • Law Enforcement: The Weld County Sheriffs Department will provide police protection and law enforcement services. This substation is located in the new County Administrative Service Center north of the intersection of Weld County Road 24 and the 1-25 Frontage Road approximately 2 miles away. III) NUMBER OF RESIDENTS. SCHOOL-AGE POPULATION AND SOCIAL SERVICES • Number of Residents: Applicant proposed a maximum of 2,400 residential units on the Property assuming that the Property is developed entirely residential. If the 20 acres on the corner of Hwy. 66 and Weld County Road 9 '%was developed as commercial,that would reduce the maximum residential units to 2,120 DUs. If all of the "flex zones"were developed as commercial, the maximum residential units would be 1,072 DUs. Based on the 2000 U.S. Census statistics and an entirely residential development, this development would add approximately 6,672 people(based on 2.78 persons/household)and 1,361 school-aged children (20.4%of the overall population between the age of 5 and 18). • Schools: The Property is located in the St. Vrain Valley School District. The Applicants have reached agreement with St. Vrain Valley School District to pay $2006.08 per residential unit to mitigate the impact of up to 3,600 additional residential units (including the two quarter section excluded from this application)to be served by the School District as a result of the planned development on this Property. • Parks and Open Space: Land for wildlife preservation, community or neighborhood parks, are planned. Development will make use of trail connections to provide alternative transportation modes for residents. • Other Social, Health, and Cultural Services: Similar to the other properties currently within the MUD, the future residents of this Property will patronize the variety of services located in the surrounding communities of Greeley, Longmont, Loveland, the Tri-Town Area, and the Denver-Metro area. These surrounding communities are all within 30 minutes of travel time and provide for the full spectrum of cultural and social services. It is anticipated as development continues within the MUD, that a population will be reached that is capable of supporting additional facilities. IV) DEEDS AND LEGAL INSTRUMENTS: The relevant deeds and legal instruments were attached to the original application filed on August 1, 2005 and first revision. V) PRELIMINARY TRAFFIC IMPACT ANALYSIS: As requested by planning staff, a revised traffic impact analysis assuming neighborhood commercial use instead of industrial use in Scenario#3 is attached hereto. REVISED TRAFFIC STUDY (ELIMINATING C-3 USES) Tel: 303-792-2450 P.O. Box 260027 EUGENE G. COPPOLA P.E. Fax: 303-792-5990 Littleton,CO 80163-0027 November 9, 2005 , 0 N � �QQ5 Gary Woods Benson Farms 4725 S. Monaco Street #205 Denver, CO 80237 RE: Amended Preliminary Traffic Study Reynolds—Woods 1-25 MUD Inclusion—482 Acres North of SH 66, East of WCR 9%, South of WCR 32 Dear Mr. Woods: As requested, I have prepared this amended preliminary traffic study for the Woods/Rey- nolds mixed-used development in Weld County. This information is being prepared as part of the request that the uses on this parcel be amended in the 1-25 Mixed Used Development Area (MUD). The property within the proposed amendment includes the E2 of Section 23 and the SW4 of Section 24, T3N, R68W of the 6th P.M. It totals about 482 acres. This study estimates preliminary site traffic based upon currently anticipated land uses and densities and assigns site traffic to the nearby roadway system. Three alternate land use scenarios are presented. These are: Scenario I 1,952 Residential Dwelling Units Scenario II 1,772 Residential Dwelling Units and 220,120 square feet of commercial Scenario III 909 Residential Dwelling Units and 1,056,500 square feet of commercial The following site traffic is expected based upon Institute of Transportation Engineers (ITE) trip generation rates. No adjustments for internal trips have been made and therefore, the estimates are considered conservative. Daily AM Pk HR PM Pk Hr i Use Size Rate Trips Rate In Out Rate In Out SCENARIO I Single Family 1,952 D.U. 9.57 18,680 .075 366 1,098 1.01 1,242 : 730 SCENARIO II Single Family 1,772 D.U. 9.57 16,958 0.75 332 997 1.01 1,128 662 Commercial(1) 220,120 S.F. 44.32 9,756 0.68 84 66 2.71 262 334 TOTAL 26,714 416 1,063 1,390 996 SCENARIO III Single Family 909 D.U. 9.57 8,699 0.75 170 511 1.01 578 340 Commercial(1) 1,056,500 S.F. 44.32 46,824 0.68 403 317 2.71 1,258 1,603 TOTAL 55,523 i t 573 828 1,836 1,943 (1) Specialty Retail Primary site access will be provided by SH 66, CR 9'/2, CR 32, and to a lesser degree, CR 13. These existing roadways border the site. Preliminary traffic assignments to and from the site are estimated below for the primary roadways. This distribution is generally consis- tent with recent traffic counts and projections contained in area studies. DAILY SITE TRAFFIC Roadway Section %Site Traffic Scenario I Scenario II Scenario III SH 66 West of Site 50% 9,340 13,357 27,762 East of Site 40% 7,472 10,686 22,210 CR 9'/2 North of site 5% 934 1,336 2,776 CR 32 West of Site 5% i 934 1,336 2,776 East of Site Nominal , Nominal Nominal Nominal SH 66, CR 91/2 and CR 32 are currently paved two-lane roadways having one lane in each direction. SH 66 is under CDOT control while CR 9 '/2 and CR 32 are under Weld County control. A more detailed traffic study will be undertaken in the future. That study will better define actions needed to mitigate the transportation impacts of this site. It will provide more de- tailed information on a specific development proposal(s) and address items such as internal trips, site access, internal roadways, roadway laneage on nearby streets, auxiliary lanes, and traffic controls. I trust this letter will meet your current needs. Please give me a call if you have any ques- tions or need additional assistance. Sincerely, a\��(�M1au6Uiy,. c✓ .fit* GEORgf�%40 2i��^7 L " �'GF�� AST$gF.� A ? `2 `?i`v: C;or s Eugene G. Coppola PE :D *:D tr„ 15945 W;x_ % 1Pel0NAt et/79q� '- Up •cod e3 �frtkrafrlr.Cp•��'� BENSON FARMS LIMITED LIABILITY COMPANY 4725 S . MONACO STREET , SUITE 205 DENVER , COLORADO 80237 303 - 708 - 1105 • 303 - 708 - 8819 ( FAX ) August 15, 2005 Via Federal Express Ms. Michelle Martin Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Re: Supplement to MUD Map Amendment Application—Meadow Ridge Dear Ms. Martin: Per your request, enclosed is a supplement to the application for amendment of the MUD 2.1 Land Use Map filed by Benson Farms Limited Liability Company and the Reynolds Cattle Company pertaining to the E/2 of Section 23 and the SW/4 of Section 24. In response to your comments, enclosed is the following: 1) A revised Statement limited to two alternative land uses in the"flex zones" and including approximate acreage of the residential only area and the optional use area; 2) Revised maps excluding Tax Parcel # 120723000025; and 3) Documentation showing the authority of William B. Woods to act/sign on behalf of Benson Farms Limited Liability Company and of George S. Reynolds, II to act/sign on behalf of the Reynolds Cattle Company. Please let me know if you need any additional information to process our application for amendment of the MUD map. I appreciate your attention to this matter. Very truly yours, (±14'n 51-02A----- Stephanie M. Stewart Enclosures cc: William B. Woods (with enclosures) Tom Reynolds (with enclosures) REVISED PROPOSAL TO AMEND I-25 MIXED USE DEVELOPMENT AREA MAP INTRODUCTION This proposal requests the Weld County Commissioners amend the 1-25 Mixed Use Development Area (MUD) Map 2.1 to modify the land use allocation within an area that has been previously included within the MUD boundary. Applicant is filing this application based on the recommendation made by the Weld County Planning Department in response to Applicant's Sketch Plan Application to correct any perceived inconsistency between the anticipated land uses at full development and the land use allocation approved by the Weld County Commissioners on May 6, 2002 in connection with Applicant's original application to be included within the MUD boundary and incorporated into the current Structural Land Use Map 2.1. 1 The following generally describes the Property affected by this application: The E2 of Section 23(excluding Tax Parcel# 12072300025)and the SW4 of Section 24, T3N, R68W of the 6"' P.M.,Weld County, Colorado(the"Property"). This application complies with the requirements of the Weld County Comprehensive Plan as adopted by Weld County Code §22-1-150(4). The property owners have worked diligently toward development of this Property after being included in the MUD boundary. The property owners concluded that the market for commercial development at this site is not currently present and is unlikely in the near term. Consequently, the property owners have pursued re-zoning of the Property to allow a primarily residential development. In the property owners' Sketch Plan Application, a portion of the Property along Hwy. 66 and Weld County Road 9 'A was designated as a "flex zone"which would allow for flexible zoning allowing development consistent with C-1, C-2, C-3, R-1, R-2, R-3 and R-4 at the discretion of the developer depending on market conditions. The Weld County Planning Department and the Weld County Deputy Attorney have concluded that, if these "flex zones"were developed as residential, such use would be potentially inconsistent with the existing land uses set forth in Map 2.1 which requires Regional Commercial Center use at the corner of Hwy. 66 and Weld County Road 9 '/z and Employment Center use along Hwy. 66 to the east. Developer intends to pursue rezoning of the Property as a Planned Unit Development (PUD). Any reference herein to "PUD residential" or"PUD commercial" uses refers to the specific uses eventually adopted in the PUD for the Property. The sole purpose of the proposed amendment is to modify the land use allocation as previously approved to allow development consistent with Applicant's Sketch Plan Application submitted to Weld County on November 5, 2004 and consistent with the planned zoning for the Property. Specifically,Applicant requests that the Weld County Commissioners approve the following land use allocation: It appears as an aside that the boundaries of the employment center and regional commercial center areas is not consistent with the allocation set forth in the original application to include the Property within the MUD boundary. Applicant requests herein to change these allocations to eliminate the employment center use and reduce the regional commercial center area to an optional use within the approximately 20 acre corner site and the flex zones. The existing clerical error in Map 2.1 would be moot if the Weld County Commissioners approved a modification of the land use allocation. The land use for the Property shall be entirely PUD Residential with the following exception: (1)the approximately 20 acre commercial corner and the "flex zones" along Hwy. 66 and Weld County Road 9%may be developed as either(a) residential use consistent with the PUD, including, at minimum, the uses allowed in R-1, R-2, R-3 or R-4 zoning as set forth in §23-3-110, §23-3-120, §23-3-130 and §23-3-140 of the Weld County Code, or(b) Regional Commercial Center use consistent with the PUD, including, at minimum,the uses approved under C-1, C-2 or C-3 zoning as set forth in §23-3-210, §23-3-220 and §23-3-230 of the Weld County Code at the option of the developer. As such, of the approximately 463.73 total acres subject to this proposed amendment, 135.89 acres would be designated on Map 2.1 as PUD commercial or PUD residential as set forth immediately above and 327.84 acres would be designated as PUD residential use. While the land use for this Property will be primarily residential, it is intended that the Property will provide a mix of housing, recreation, and educational opportunities for existing and future residents. SATISFACTION OF REQUIREMENTS OF WELD COUNTY CODE § 22-1-150(B)(4) I) THE PROPERTY IS WITHIN THE EXISTING 1-25 MIXED USE DEVELOPMENT AREA The property is currently within the MUD boundary and, therefore, satisfies the requirement set forth in Weld County Code §22-1-150(B)(4)(a)that the property be adjacent and contiguous with the existing 1-25 Mixed Use Development area map. II) THE PROPOSED AMENDMENT TO CHANGE THE LAND USE ALLOCATION OF THIS PROPERTY WOULD NOT PLACE A BURDEN UPON EXISTING OR PLANNED SERVICE CAPABILITIES • Roads: The property is bounded by State Highway 66 on the south and Weld County Road 9-1/2 on the west,Weld County Road 32 on the north and Weld County Road 13 on the East. The property is within the Southwest Weld Road Improvement Area. The existing roadways provide access to regional highways including State Highway 66 and Interstate 25. As development occurs, impact fees will be assessed by the County to provide adequate funding to design and construct the necessary roadway improvements. Weld County Road 9-1/2 has been widened and paved. • Sewer: The Applicants are part of the ownership group that is in the process of forming the East 1-25 Sanitation District which will finance and build a sanitary sewer collector line which will be serviced by St. Vrain Sanitation District. The Applicants have received a will-serve letter from St. Vrain conditioned upon formation of the East 1-25 Sanitation District and modification of the 208 Water Quality Planning Area to include all of the property within the St. Vrain boundary. A portion of the property is already located within the 208 Water Quality Planning Area of the St. Vrain Sanitation District. The St. Vrain Sanitation District has excess capacity and has indicated their willingness to serve this Property in the future. The District has installed a sewer trunk line that is sized to provide service to the portion of the district located north of the St. Vrain River. The line is capable of providing gravity service to most areas of the Property that are planned for development. As development in the area proceeds, it will be necessary to install extensions to existing lines to complete the sewer collection system through the proposed East 1-25 Sanitation District. St. Vrain received approval to expand their treatment facilities as development proceeds within the St.Vrain service area. In the event the East 1-25 Sanitation District is not formed and/or the 208 boundary is not changed to include the Property in the St. Vrain service area,the Town of Mead is under state order to provide a sewer solution to accommodate the planned development within Mead's 208 service area. The Town of Mead has provided the Applicants with a will serve letter indicating its willingness to provide sanitary sewer service to the Property. • Water: The Little Thompson Water District can provide treated water service. Little Thompson Water District has provided the Applicants with a will serve letter for up to 2300 residential lots and 100 acres of commercial development. Weld County Road 9.5 currently has a 24" line which is adjacent to the property with additional capacity. Significant improvements have been made to Little Thompson's water transmission facilities that have increased the system capacities to the north and east of the property in the vicinity of 1-25 and Weld County Road 38 which currently has both 42" and 24" lines. Additional water lines must be added to the water distribution system to provide adequate capacity south of Weld County Road 38 as development in the MUD continues. Little Thompson has in place the necessary development fee structure to provide adequate funding as development proceeds in the general area. The property is irrigated land, and has Colorado Big Thompson and other native water rights to support the proposed development plan. Applicants anticipate the continued use and irrigation from the existing lakes and irrigation ditch systems for open space and outdoor watering needs. This approach to outdoor watering, known as a dual water system could significantly reduce the demand for treated water to the development. • Fire Protection: The Mountain View Fire Protection District serves the area. Specifically, the Property is most easily accessed by Fire Station 2, which is located 2.5 miles to the south of the Property at the intersection of Weld County Road 13 and 24. It is anticipated that additional fire stations and facilities may be needed in the overall MUD area as development proceeds. The existing response time from Station 2 is less than 10 minutes. • Law Enforcement: The Weld County Sheriffs Department will provide police protection and law enforcement services. This substation is located in the new County Administrative Service Center north of the intersection of Weld County Road 24 and the 1-25 Frontage Road approximately 2 miles away. III) NUMBER OF RESIDENTS. SCHOOL-AGE POPULATION AND SOCIAL SERVICES • Number of Residents: Applicant proposed a maximum of 2,400 residential units on the Property assuming that the Property is developed entirely residential. If the 20 acres on the corner of Hwy. 66 and Weld County Road 9 '%was developed as commercial, that would reduce the maximum residential units to 2,120 DUs. If all of the "flex zones"were developed as commercial, the maximum residential units would be 1,072 DUs. Based on the 2000 U.S. Census statistics and an entirely residential development, this development would add approximately 6,672 people(based on 2.78 persons/household)and 1,361 school-aged children(20.4% of the overall population between the age of 5 and 18). • Schools: The Property is located in the St. Vrain Valley School District. The Applicants have reached agreement with St. Vrain Valley School District to pay $2006.08 per residential unit to mitigate the impact of up to 3,600 additional residential units(including the two quarter section excluded from this application)to be served by the School District as a result of the planned development on this Property. • Parks and Open Space: Land for wildlife preservation, community or neighborhood parks, are planned. Development will make use of trail connections to provide alternative transportation modes for residents. • Other Social, Health, and Cultural Services: Similar to the other properties currently within the MUD,the future residents of this Property will patronize the variety of services located in the surrounding communities of Greeley, Longmont, Loveland, the Tri-Town Area, and the Denver-Metro area. These surrounding communities are all within 30 minutes of travel time and provide for the full spectrum of cultural and social services. It is anticipated as development continues within the MUD, that a population will be reached that is capable of supporting additional facilities. IV) DEEDS AND LEGAL INSTRUMENTS: The relevant deeds and legal instruments were attached to the original application filed on August 1, 2005. Enclosed is a recorded copy of the Special Warranty Deed from NESG-Exchange XL, LLC to Benson Farms Limited Liability Company for the SW/4 of Section 24, Township 3 North, Range 68 West, Weld County, Colorado, Lot B 2nd Amendment RE-1811 to replace the non-recorded copy sent with the original application. As further requested, enclosed are corporate documents demonstrating the authority of George Reynolds to act on behalf of the Reynolds Cattle Company and of William B. Woods to act on behalf of Benson Farms Limited Liability Company. V) PRELIMINARY TRAFFIC IMPACT ANALYSIS: A complete traffic impact analysis was submitted with the original application. BENSON FARMS LIMITED LIABILITY COMPANY 4725 S . MONACO STREET , SUITE 205 DENVER , COLORADO 80237 303 - 708 - 1105 • 303 - 708 - 8819 ( FAX ) Weld Cn:; tv Planning Department ;;C , AUG u 1 2005 July 29, 2005 Via Federal Express Ms. Monica Mika Mr. Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Re: MUD Map Amendment Application—Meadow Ridge Dear Ms. Mika and Mr. Ogle: As discussed, enclosed is a complete application for amendment of the MUD 2.1 Land Use Map as it relates to the proposed Meadow Ridge development. We have submitted the application as to the three quarter sections along Hwy. 66 and WCR 9 '/F that currently include employment center or regional commercial center uses per Map 2.1 and/or were designated as "flex zones" in our Sketch Plan Application. Please let me know if you need any additional information to process our application for amendment of the MUD map. I appreciate your attention to this matter. Very truly yours, z>�'1 " , L Stephanie M. Stewart Enclosures cc: William B. Woods (with enclosures) Tom Reynolds (with enclosures) PROPOSAL TO AMEND 1-25 MIXED USE DEVELOPMENT AREA MAP INTRODUCTION This proposal requests the Weld County Commissioners amend the 1-25 Mixed Use Development Area(MUD) Map 2.1 to modify the land use allocation within an area that has been previously included within the MUD boundary. Applicant is filing this application based on the recommendation made by the Weld County Planning Department in response to Applicant's Sketch Plan Application to correct any perceived inconsistency between the anticipated land uses at full development and the land use allocation approved by the Weld County Commissioners on May 6, 2002 in connection with Applicant's original application to be included within the MUD boundary and incorporated into the current Structural Land Use Map 2.1. 1 The following generally describes the Property affected by this application: The E2 of Section 23 and the SW4 of Section 24, T3N, R68W of the 6"' P.M.,Weld County, Colorado (the "Property"). This application complies with the requirements of the Weld County Comprehensive Plan as adopted by Weld County Code §22-1-150(4). The property owners have worked diligently toward development of this Property after being included in the MUD boundary. The property owners concluded that the market for commercial development at this site is not currently present and is unlikely in the near term. Consequently, the property owners have pursued re-zoning of the Property to allow a primarily residential development. In the property owners' Sketch Plan Application, a portion of the Property along Hwy. 66 and Weld County Road 9 %was designated as a "flex zone"which would allow for flexible zoning allowing development consistent with C-1, C-2, C-3, R-1, R-2, R-3 and R-4 at the discretion of the developer depending on market conditions. The Weld County Planning Department and the Weld County Deputy Attorney have concluded that, if these "flex zones"were developed as residential, such use would be potentially inconsistent with the existing land uses set forth in Map 2.1 which requires Regional Commercial Center use at the corner of Hwy. 66 and Weld County Road 9 '14 and Employment Center use along Hwy. 66 to the east. The sole purpose of the proposed amendment is to modify the land use allocation as previously approved to allow development consistent with Applicant's Sketch Plan Application submitted to Weld County on November 5, 2004. Specifically, Applicant requests that the Weld County Commissioners approve the following land use allocation: The land use for the Property shall be entirely Residential with the following exception: (1)the approximately 20 acres at the comer of Hwy. 66 and Weld County Road 9 %and the "flex zones" may be developed as either(a) Residential, (b) Regional Commercial Center or(c) Neighborhood Center at the option of the developer. It appears as an aside that the boundaries of the employment center and regional commercial center areas is not consistent with the allocation set forth in the original application to include the Property within the MUD boundary. Applicant requests herein to change these allocations to eliminate the employment center use and reduce the regional commercial center area to an optional use within the approximately 20 acre corner site and the flex zones. The existing clerical error in Map 2.1 would be moot if the Weld County Commissioners approved a modification of the land use allocation. While the land use for this Property will be primarily residential, it is intended that the Property will provide a mix of housing, recreation, and educational opportunities for existing and future residents. SATISFACTION OF REQUIREMENTS OF WELD COUNTY CODE § 22-1-150(B)(4) I) THE PROPERTY IS WITHIN THE EXISTING 1-25 MIXED USE DEVELOPMENT AREA The property is currently within the MUD boundary and, therefore, satisfies the requirement set forth in Weld County Code §22-1-150(B)(4)(a)that the property be adjacent and contiguous with the existing 1-25 Mixed Use Development area map. II) THE PROPOSED AMENDMENT TO CHANGE THE LAND USE ALLOCATION OF THIS PROPERTY WOULD NOT PLACE A BURDEN UPON EXISTING OR PLANNED SERVICE CAPABILITIES • Roads: The property is bounded by State Highway 66 on the south and Weld County Road 9-1/2 on the west, Weld County Road 32 on the north and Weld County Road 13 on the East. The property is within the Southwest Weld Road Improvement Area. The existing roadways provide access to regional highways including State Highway 66 and Interstate 25. As development occurs, impact fees will be assessed by the County to provide adequate funding to design and construct the necessary ., roadway improvements. Weld County Road 9-1/2 has been widened and paved. 0\� Sewer: The Applicants are part of the ownership group that is in the process of forming 5V the East 1-25 Sanitation District which will finance and build a sanitary sewer collector ,1 line which will be serviced by St. Vrain Sanitation District. The Applicants have dpi S '-\D�eceived a will-serve letter from St. Vrain conditioned upon formation of the East 1-25 BO 5v op Sanitation District and modification of the 208 Water Quality Planning Area to include 9 all of the property within the St.Vrain boundary. A portion of the property is already �Q located within the 208 Water Quality Planning Area of the St. Vrain Sanitation District. \�,,,,,,'��t�The St. Vrain Sanitation District has excess capacity and has indicated their ' willingness to serve this Property in the future. The District has installed a sewer trunk line that is sized to provide service to the portion of the district located north of the St. Vrain River. The line is capable of providing gravity service to most areas of the Property that are planned for development. As development in the area proceeds, it will be necessary to install extensions to existing lines to complete the sewer collection system through the proposed East 1-25 Sanitation District. St. Vrain received approval to expand their treatment facilities as development proceeds within the St. Vrain service area. In the event the East 1-25 Sanitation District is not formed and/or the 208 boundary is not changed to include the Property in the St. Vrain service area, the Town of Mead is under state order to provide a sewer solution to accommodate the planned development within Mead's 208 service area. The Town of Mead has provided the Applicants with a will serve letter indicating its willingness to provide sanitary sewer service to the Property. • Water: The Little Thompson Water District can provide treated water service. Little Thompson Water District has provided the Applicants with a will serve letter for up to 2300 residential lots and 100 acres of commercial development. Weld County Road 9.5 currently has a 24" line which is adjacent to the property with additional capacity. Significant improvements have been made to Little Thompson's water transmission facilities that have increased the system capacities to the north and east of the property in the vicinity of 1-25 and Weld County Road 38 which currently has both 42"and 24" lines. Additional water lines must be added to the water distribution system to provide adequate capacity south of Weld County Road 38 as development in the MUD continues. Little Thompson has in place the necessary development fee structure to provide adequate funding as development proceeds in the general area. The property is irrigated land, and has Colorado Big Thompson and other native water rights to support the proposed development plan. Applicants anticipate the continued use and irrigation from the existing lakes and irrigation ditch systems for open space and outdoor watering needs. This approach to outdoor watering, known as a dual water system could significantly reduce the demand for treated water to the development. • Fire Protection: The Mountain View Fire Protection District serves the area. Specifically, the Property is most easily accessed by Fire Station 2, which is located 2.5 miles to the south of the Property at the intersection of Weld County Road 13 and / 24. It is anticipated that additional fire stations and facilities may be needed in the overall MUD area as development proceeds. The existing response time from Station 2 is less than 10 minutes. .��, • Law Enforcement: The Weld County Sheriffs Department will provide police protection and law enforcement services. This substation is located in the new County �j\St( Administrative Service Center north of the intersection of Weld County Road 24 and SL the 1-25 Frontage Road approximately 2 miles away. III) NUMBER OF RESIDENTS. SCHOOL-AGE POPULATION AND SOCIAL ) SERVICES >> �n� =zs}o� • Number of Residents: Applicant proposed a maximum of 2,400 residential units on 1:: �°"""°:- ZJ °"°'c the Property assuming that the Property is developed entirely residential. If the 20 acres on the corner of Hwy. 66 and Weld County Road 9 %was developed as ten = ) ,O1a- commercial, that would reduce the maximum residential units to 2,120 DUs. If all of the "flex zones"were developed as commercial, the maximum residential units would be 1,072 DUs. Based on the 2000 U.S. Census statistics and an entirely residential deve ot—pment, this development would add approximately 6,672 people (based on 2.78 persons/household)and 1,361 school-aged children (20.4% of the overall population between the age of 5 and 18). • Schools: The Property is located in the St. Vrain Valley School District. The Applicants have reached agreement with St. Vrain Valley School District to pay $2006.08 per residential unit to mitigate the impact of up to 3,600 additional residential units (including the two quarter section excluded from this application)to be served by the School District as a result of the planned development on this Property. • Parks and Open Space: Land for wildlife preservation, community or neighborhood parks, are planned. Development will make use of trail connections to provide alternative transportation modes for residents. • Other Social, Health, and Cultural Services: Similar to the other properties currently within the MUD,the future residents of this Property will patronize the variety of services located in the surrounding communities of Greeley, Longmont, Loveland, the Tri-Town Area, and the Denver-Metro area. These surrounding communities are all within 30 minutes of travel time and provide for the full spectrum of cultural and social services. It is anticipated as development continues within the MUD,that a population will be reached that is capable of supporting additional facilities. IV) DEEDS AND LEGAL INSTRUMENTS: The relevant deeds and legal instruments are attached hereto. Benson Farms Limited Liability Company received a Special Warranty Deed from NESG-Exchange XL, LLC on June 15, 2005 for the SW/4 of Section 24, Township 3 North, Range 68 West, Weld County, Colorado, Lot B 2n° Amendment RE-1811. We have not yet received a recorded copy of the Special Warrant r�Deed from the Weld County Clerk and Recorder. Once a recorded deed is received, we will forward the recorded deed for inclusion in this application. Also attached is an executed Authorization granting William B.Woods of Benson Farms Limited Liability Company power of attorney to file and process all application associated with the Sketch Plan Application, of which amendment of the MUD map is a condition of approval. 1/) PRELIMINARY TRAFFIC IMPACT ANALYSIS: The Applicants have contracted with Eugene G. Coppola, P.E., to complete the traffic impact analysis. Please refer to the attached letter. AMENDMENT TO OPERATING AGREEMENT OF BENSON FARMS LIMITED LIABILITY COMPANY THIS AMENDMENT to Operating Agreement of Benson Farms Limited Liability Company ( "Ame dment") (the "Company") is made as of this !9 day of -WPC(' , 1995, by all of the members of the Company. RECITALS: A. An Operating Agreement was entered into as of January 1, 1991 for Benson Farms Limited Liability Company (the "Operating Agreement") . B. The Members have decided, by unanimous vote, to elect that the Company is governed by the provisions of the Colorado Limited Liability Company Act effective as of July 1, 1994 as outlined in Title VII, Article 80, Section 102-1101, Colorado Revised Statutes (the "New Act") . C. The Members desire to amend the Operating Agreement to reflect certain agreements between them pertaining to the Company as it shall be governed by the New Act. THEREFORE, in consideration of the foregoing, the Members of the Company hereby amend the Operating Agreement as follows: 1. Section 1. 6 of the Operating Agreement shall be deleted in its entirety. 2 . All references in the Operating Agreement to a "Manager" shall hereinafter mean the "Managing Member" . 3 . Article 5 of the Operating Agreement shall be deleted in its entirety and replaced with the following: ARTICLE V MANAGEMENT/DECISION/MEMBERS 5. 1 Management by Members. The Company shall be managed by its Members subject to the provisions of the Act as modified by this Article 5. 5. 1.1 General Authority. William B. Woods, as Managing Member, and subject to Section 5.2 below, shall exercise management and control of the business of the Company, and all decisions regarding the management and affairs of the Company shall be made by the Managing Member. Except as otherwise expressly provided in this Agreement and in Section 5 .2, the Managing Member 38339 is hereby granted the right, power and authority to do on behalf of the Company all things which, in his sole judgment, are necessary or proper to carry out his duties and responsibilities, including but not limited to the right, power and authority from time to time to do the following: 5 .1.1.1 Incur any and all expenditures not to exceed Five Thousand Dollars ($5, 000.00) and engage in any and all activities authorized by this Agreement; • 5. 1.1.2 Carryout out all routine matters relating to ownership of the property (e.g. , negotiation and execution of agreements, leases or contracts for services to the property, pursuit of litigation, selection of insurance carriers, types and amounts of insurance carrier, types and amount of insurance, and similar matters of ministerial and/or routine nature) . 5 .1.2 Implementation. In order to implement the foregoing management powers, the Managing Member is authorized to execute and deliver all (i) leases, subleases, management contracts and maintenance contracts covering or affecting any Company property; (ii) checks, drafts and other orders for the payment of Company funds; and (iii) other instruments of any kind or character relating to the affairs of the Company whether like or unlike the foregoing. 5.1.3 Delegation. The Managing Member, in his sole discretion, may delegate management decisions and powers under this Agreement (including to an Affiliate) and such delegation shall be binding on all Members. 5. 1.4 No Further Authorization. All decisions made for and on behalf of the Company, pursuant to the authority granted in this Agreement and in the Act, by the Managing Member shall be binding upon the Company. No Person dealing with the Managing Member shall be required to determine his authority to make any undertaking on behalf of the Company or to determine any facts or circumstances bearing upon the existence of such authority. 5 .2 Members' Consent. In addition to other rights granted to the Members under this Agreement, the consent of those Members holding a majority of the Sharing Percentages shall be required to approve the following events or transactions: 5 .2.1 Bind the Company with respect to any obligation in excess of Five Thousand Dollars ($5, 000.00) ; 5 .2.2 Sell or exchange any real property owned by the Company; 38339 2 5 .2 .3 Perform any act which is outside the normal day to day business of the Company. 5 .2 .4 Perform any act contrary to the terms of this agreement; 5 .2 .5 Bind the Company with respect to any contract in excess of one year in duration' 5 .2 . 6 Borrow money upon security of the company property; 5 .2 . 7 Stipulate to a judgment against the Company; 5 .2 . 8 Require additional capital contributions or advances to the Company; 5.3 . Compensation of Managing Member. 5.3 . 1 Expenses. Subject to the limitations imposed herein, the Company will reimburse the Managing Member for all ordinary, necessary and direct expenses incurred by the Managing Member on behalf of the Company in carrying out the Company' s business activities . All expenses of the Company shall, to the extent possible, be billed directly to and paid by the Company. Reimbursements to the Managing Member shall not be allowed, except for reimbursement of the actual cost to the Managing Member of goods, service, and materials used by and on behalf of the Company. Subject to the terms of this Agreement, the Managing Member on behalf of the Company may directly employ third-parties of the purposes of performing services for the Company. The amount of fees paid to any third parties for such goods or services shall not exceed prevailing market rates for such goods and services . 5 .3 .2 Compensation. In addition to the expenses reimbursable to the Managing Member as provided in Section 5 .3.1, the Managing Member shall be entitled to an annual compensation, as a Company expense, in an amount equal to five percent (5%) of the annual gross revenue of the Company. 5.4 Managing Member. 5.4.1 Appointment. William B. Woods is appointed as Managing Member of the Company and shall serve in such capacity until his resignation, he is unable to serve or his removal by the vote of those Members holding a majority of the Sharing Percentages. A successor Managing Member shall be appointed by the consent of those Members holding a majority of the Sharing Percentages. 38339 3 5.4.2 Indemnity. No Member (including the Managing Member) , or an Affiliate performing services on behalf of the Company (hereinafter collectively referred to as "Indemnitees") shall have any liability, responsibility, or accountability in damages or otherwise to any Members or the Company for any loss suffered by the Company which arises out of any act or omission performed or omitted by such Indemnitee in good faith and in a manner reasonably believed to be within the scope of the authority granted to it by this Agreement and in the best interest of the Company, provided that such act or omission did not constitute fraud, gross negligence, or willful misconduct by such Indemnitee. Each Indemnitee shall be indemnified by the Company and the Company hereby agrees to indemnify, pay, protect, and hold harmless each Indemnitee (on the demand of and to the satisfaction of such Indemnitee) from and against, any and all liabilities, obligations, losses, damages, actions, judgments, suits, proceedings, costs, expenses, and disbursements of any kind or nature provided that the same were not the result of a final adjudication of fraud, gross negligence, or willful misconduct on the part of the Indemnitee. The foregoing includes, without limitation, all reasonable legal fees, costs and expenses of defense, appeal, and settlement of any and all suits, actions, or proceedings instituted against such Indemnitee or the Company and all costs of investigation in connection therewith (collectively referred to as "Liabilities" for the remainder of this Section 5.4.2) that may be imposed on, incurred by, or asserted against an Indemnitee or the Company in any way relating to or arising out of, or alleged to relate to or arise out of, any action or inaction on the part of the Company, or on the part of an Indemnitee. Notwithstanding the foregoing, each Indemnitee shall be liable, responsible and accountable, and the Company shall not be liable to any such Indemnitee, for any portion of such Liabilities that resulted from such Indemnitee' s own fraud, gross negligence, or willful misconduct. If any action, suit, or proceeding shall be pending against the Company or an Indemnitee relating to or arising, or alleged to relate to or arise, out of any action or inaction, on their part, the Company shall have the right to employ, at the expense of the Company, separate counsel of its choice in such action, suit, or proceeding. The satisfaction of the obligations of the Company under this Section 5.4 shall be from and limited to the assets of the Company and no Member shall have any liability on account thereof. The foregoing notwithstanding, all Members shall be entitled to the fullest amount of indemnification under the Act. 5.5 Other Activities. 5.5 .1 Competition. All Members (including the Managing Member) may engage independently or with others in other business ventures of every nature and description, including, without limitation, real estate investment activities (which may be geographically proximate to property owned by the Company) and the management and operation of such investments. Neither the Company 38339 4 nor any Member shall have any right by virtue of this Agreement or the relationship created hereby in or to such other ventures or activities, or to the income or proceeds derived therefrom. The pursuit of such ventures, even if competitive with the business of the Company, shall not be deemed wrongful or improper. No Member or Affiliate shall be obligated to present any particular investment opportunity to the Company or a Member even if such opportunity is of a character which, if presented to the Company, could be taken by the Company, or a Member and such Member or Affiliate shall have the right to take for their own accounts (individually or as a trustee) or to recommend to others any such particular investment opportunity. 5.6 Meetings of Members - Voting. 5 . 6.1 Annual Meetings. Meetings of Members shall be held at such place either within or outside the State of Colorado as may from time to time be designated by the Managing Member and stated in the notice of meeting. If no designation of a place of meeting is made, the meeting shall be at the principal office of the Company in the State of Colorado. Commencing in 1995, an annual meeting of Members shall be held in each year on such date and at such time as the Members shall determine for the transaction of such business as may be brought before the meeting. The failure to hold the annual meeting of Members at the designated time shall not cause a dissolution of the Company. 5. 6.2 Special Meetings. Special meetings of the Members may be called by the Managing Member or by a Member holding not less than ten percent (10%) of the Sharing Percentage. 5 . 6.3 Ouorum of Members — Vote Required. Attendance by Members constituting a majority of the Sharing Percentages shall constitute a quorum at the meeting of Members. The vote required to approve a matter brought before the Members shall be as described in this Article 5 or elsewhere herein. 5 . 6.4 Notice of Meetings and Waiver. Written notice stating the place, day and hour of each meeting of Members and, in the case of a special meeting, the purpose for which the meeting is called, shall be delivered not less than ten (10) days nor more than fifty (50) days before the date of the meeting, either in person or by mail, at the direction of the Managing Member or person calling the meeting to each Member of record entitled to vote at the meeting. When notice is required to be given to any Member, a waiver thereof in writing signed by the person entitled to such notice, whether before, at or after the time stated there- in, shall be equivalent to the giving of such notice. 5. 6.5 Action by Members Without a Meeting. Any action required or permitted to be taken by the Members at a meeting may be taken without a meeting if the action is evidenced 38339 5 by one or more written consents describing the action taken, and signed by each Member entitled to vote. Any action taken under this Section 5.6 shall be effective when all Members entitled to vote have signed the consent, unless the consent specifies a different effective date. 5.6. 6 Proxies. At all meetings of Members, a Member may vote in person or by proxy executed in writing by the Member or by a duly authorized attorney-in-fact. Such proxy shall be filed with the Managing Member before or at the time of the meeting. 5 .6.7 Waiver of Notice. When any notice is required to be given to any Member, a waiver in writing signed by the person entitled to such notice, whether before, at or after the time stated in the notice shall be the same as the giving of notice. 5 . 7 Rights and Obligations of Members. 5. 7.1 Liability of Members. Each Member' s liability shall be limited as set forth in this Agreement, the Act or other applicable law. No Member shall be personally liable for any debts or losses of the Company except as set forth in this Agreement. 5. 7.2 Company Debt. A Member will not be personally liable for any debts or losses of the Company in excess of a Member' s Capital Contribution and any obligation of a Member to make a capital contribution, except as otherwise required by the Act or law.5.7.3 List of Member, the Managing Member Members. Upon shallprovidea list showing the names,addresses, and Company Interest of all Members. 4. In all other respects, the Operating Agreement shall continue in full force and effect. 5. This amendment may be executed in any number of identical counterparts, all of which, when taken together shall constitute a single binding original, notwithstanding but no such counterpart may be executed by all of the parties hereto. 38339 6 IN WITNESS WHEREOF, all of the Members of the Company have executed this Amendment on the date set forth above and under penalties of perjury, have acknowledged, that the facts stated herein are true. FRANCES E. WOODS, Member Date: q/g3 7,5- `y4,Lic t zicu dt- HELEN I. FAUCETT, Member Date: 2-/7- 9.f � �� YL J HN$$$ N Member Date: 9 //il I qS— LdAGf�47.214.1,4t) lI / 7MARCIA L. G , Member Date: 0P�i 145 hid WILLIAM B. WOODS, Member Date: S /LSt9S G. (n/o-n90 GARY A. WO DS Meigljear Date: R/l(ttn 38339 7 STATE OF CO ORADO ) • ) ss. COUNTY OF ) The foregoing instrurent was acknowledged before me this • -• 1:4- day of O( , 1995, by FRANCES E. WOODS. WITNESS my hand and official seal. My commission expires: I"a S "(Ctqg tikt & I CciLL Notary Public STATE OF COLORADO ) D(� ) ss. COUNTY OF 41LL4o.rrw� ) L.i is The foregoing instrument was acknowledged befor& me this • 17 day of Q a , 1995, by HELEN I .,. 'AIICETT. WITNESS my hand and official seal. '4(4My commission expires: J)- -J o 9 r lPL.4.0-L_ „✓ Notary Public • STATE OF COLORADO ) COUNTY OF / ) ss. The foregoinY� instrument was acknowledged before me this /fez— day of ,Lu ,, 1995, by SHARYL I. JOHNSON. WITNESS my hand and official seal. My commission expires: '3l/9,fr Notary Public 32339 8 STATE OF COLORADO ) ) ss. COUNTY OF gj p,N.m„y_, ) The foregoing instrument was acknowledged before m , is, 17 day of 5_ _ , 1995, by MARCIA L. G EN. tm WITNESS my hand and official_ seal. My commission expires: tic `e- (4. Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ,l,pry/ne e ) /sae foregoing instrument, was acknowledged before me this day of , 1995, by WILLIAM B. WOODS. -and and official seal. r_ .e . z expires: 94-9, eaea * Ja pUBL1C+ ; J Notary ublic STATE OF COLORADO ) ss. COUNTY OF ) The foregoin instrument was acknowledged before me this day of , 1995, by GARY A. WOODS. .'WITNESS my hand and official seal. M.«. l//2-3/57.6 y c`op1�iSsion expires: ti * - a 1�i 4 - r Notary Public 38339 9 Aug-.12-2005 03: 53 PM Steer 8T Associates 303682046s. 5/5 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named The Reynolds Cattle Co. 2. The type of entity is a corporation. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is: The Reynolds Cattle Co. George S.Reynolds II P.O.Box 675 Longmont,CO 80502 5. The name of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: George S. Reynolds II,President 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,C.R.S. 7. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this 12th day of August 2005. The Reynolds Cattle Co. By: 7 > Eee it-- George .Reynolds President STATE OF COLORADO ss. COUNTY OF BOULDER ) The foregoing Statement of Authority was acknowledged before me this 12th day of August,2005,by George S.Reynolds II,as President of the Reynolds Cattle Co. Witness my hand and official seal. My commission expires: June 23,2.09 • Notary P- lic MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /S CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE I-25 MUD AREA) Parcel Number nnnf-nn-n-nn_rinn (12 digit number-found on Tax I.D.bfonnstlon,obtainable at the Weld County Aseeesot•s Office,or wMv.co.weld.ca.us). Legal Description SW/4 (See attached) , Sectbn 2/{ Township 3 Norit, Range 68 West Props Ay Address(If Applicable) TotalAcres 5 Has the property been divided from or had divided from it any other property since August 30,1972?-Yes No_ FEE OW NER(S)OF THE PROPERTY (If additicnal apaoe is required,attach en additional sheet) Name: William Barnes Work Phone# Home Phone# Email Address Address: 14013 Weld Co. Rd. 11 Clty/State2lp Code Longmont. CO 80501 Name: Work Phone# Home Phone# Email Address Address: City/State/2M Code APPLICANT OR AUTHOR VED AGENT(See Below:Authodartbn must accompany applications signed by AutlnrizadApent) Name: William B. Woods Work Phone# N/A Home Phone# 970-226-4195 Email Address woods@frii com Address: 530 Holyoke Court City/State/2h Code Fort Collins, CO 80525 I(We)hereby depose and state under penalties of perjury thatall statements,proposals,and/or plans sub mitted with or containedwithin the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. if an Authorized Agent signs,a letter of authorization from all fee owners must be Included with the applicaton.If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date m:)...bgleiptocadurei gulden mud04 Idm.spd 4- MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# IS CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE I-25 MUD AREA) Parcel Number o ODE] ©—E—O EJ-0 0 0 (12 digit amber-found on Tax ID.Information,obtainable at the Weld County/tremors 0Rlce,or www.co.wskt.co.usl. Legal Description SW/4 (See attached) , Section 24, Township 3 North, Range 68 West Property Address(ItApplicable) TotalAcres 140.71 Has the property been divided from or had divided from Itany otherpropertysinceAugust 30, 1972?-Yes_No • * FEE OW NER(S)OF THE PROPERTY (If additional space is required,attach an additional sheet) w• Name: Benson Farms Limited Liability Company • Work Phone# N/A Home Phone# 970-226-4195 Email Address woods@frii.com ro Address: 530 Holyoke Court al ▪ City/State/Zip Code Fort Collins, CO 80525 Name: • Work Phone# Home Phone# Email Address • Address: ae' City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorfadfon must acompany applications steed by AattnrizedAgent) Name: William B. Woods Work Phone# N/A Home Phone# 970-226-4195 Email Address woods@frii.tom Address: 530 Holyoke Court Clty/State/Zip Code Fort Collins, CO 80525 I(We)hereby depose and state under penalties of perjury thetall statements,proposals,and/or plans submitted with or containedwithin the application are true and correct to the best of my(our)knowledge. Signatures of ell fee owners of property must sign this application. If an Authorized Agent signs,a latter of authodzatbn from all fee owners must be included with the application.If a corporation is the fee owner, notarized evidence must be Included indicating the signatory has the legal authority to sign for the corporation.Li) 11^a1 DS Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date m:licgielpmcedurei guidestmudc4 kkn.rrpd -4- MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /S CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE 1-25 MUD AREA) Parcel Number D D D El El D—O—ID D—O 0 D (12 d'pt number-found on Tax I.D.tdormaton,obtainable et the Weld County Assessor's Otto,or wxw.co.weld.co.us). Legal Description SW/4 (See attached) , Sectbn 24 , Township 3 North, Range68 West Prone rtyAddress(If Applicable) TotelAcres 11.16 Has the property been divided from or had divided from'tarty otherpropertyslnce August 30, 1972?-Yes_No FEE OW NER(S)OF THE PROPERTY (If additional space la required,attach an A ddtional sheet) Name: John Snyder & Terri Snyder Work Phone# Home Phone# Email Address Address: 5499 Hwy. 66 City/State/24:i Code Longmont. CO 80504 Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authodmtion must scwrnpany afpl cations steed by AuNwizedAgent) Name: William B. Woods Work Phone# N/A Home Phone# 970-226-4195 Email Address woods@frii com Address: 530 Holyoke Court City/State/Zip Code Fort Collins, CO 80525 I(We)hereby depose and state under penalties of perjury thatall statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorised Agent signs,a letter of suthodzatbn from all fee owners must be Included with the application.If a corporation is the fee owner, notarized evidence must be Included indicating the signatory has the legal authority to stn for the corporation. 0_,,,k(),_„_4,_ 17 < Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date m:L..logielprocedural guldesbnuda4 Idm.epd -4- MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# M CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE 1-25 MUD AREA) Parcel Number nnnn-nn-n_nn-nnn (12 digit number-found on Tex I.D.information,obtainable at the Weld County Asseeeors Office,or www.co.weld.co.us). Legal Description SE/4 (see attached) , Section 23;Township 3 North, Range 68 West Property Add rase(If Applicable) TotalAcres 154 +/- Has the property been divided from or had divided from It any other property since August 30, 1972?-Yee_No FEE OW NER(S)OF THE PROPERTY (If additimal apace le required,attach an additional sheet) Name: Benson Farms Limited Liability Company Work Phone# N/A Home Phone#970-226-4195 Email Address woods@frii.com Address: 530 Holyjmkg Court City/State/Zip Code Fort Collins, CO 80525 Name: Work Phone# Home Phone# Email Address Address: Cltyl2tate/Zlp Code APPLICANT OR AUTHORIZED AGENT(See Below:Authortsatbn must accompany apollcations stared by AutlortzedAgent) Name: William B. Woods Work Phone# N/A Home Phone# 970-226-4195 Email Address woods@frii.com Address: 530 Holyoke Court City/State/Zip Code Fort Collins. CO 80525 I(We)hereby depose and state under penalties of perjury thatall statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorizatbn from all fee owners must be included with the application.If a corporation is the fee owner, notarized evklence must be Included Indicating the signatory hes the legal authority to sign for the corporation. 1.Q4f (A):)z,,(,, , (h6ltvc,ciCf< 1 /2-11" Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date ma...bgletpmcedural guidesYnud04 kim.apd -4- MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT if /S CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE I-25 MUD AREA) Parcel Number El ODD 2❑ ❑3 —an D—D [B © (12 digit number-found on Tax I.D.Information,obtainable aline Weld County Assessors Office,or www.co.weld.co.us). Legal Description NE/4 (See attached) , Sectbn 21 Township 3 North, Range68 West Property Add rasa(If Applicable) Total Acres 58.41 +/- Has the properly been divided from or had divided from it any other property since August 30, 1972?-Yes No FEE OW NER(S)OF THE PROPERTY (H addilimal space Is required,attach an aldklonal theta) Name: Reynolds Cattle Company Work Phone# 303-776-3913 Home Phone# Email Address r.d.reynolds@att.net Address: P.O. Box 675 City/State/ZD Code Longmont, CO 80501 Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications aimed by Authorized Agent) Name: William B. Woods Work Phone# N/A Home Phone# 970-226-4195 Email Address moods@frii.com Address: 530 Holyoke Court City/State/ZpCode Fort Collins. CO 80525 I(We)hereby depose and state under penalties of perjury thatall statements,proposals,and/or plans submitted with or contained within the application are true and correct to the beet of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authodzatbn from all fee owners must be Includedwith the application.If a corporatbn Is the fee owner,notarized evidence must be included indlcasng the signatory has the legal authority to sign for the corporation. nirrific,?(z1 k' Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date m&..baalprocadural guidmlmudW ldm.wpd -4- MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /S CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: (A SEPARATE APPLICATION FORM IS REQUIRED FOR EACH PARCEL UNDER CONSIDERATION FOR INCLUSION INTO THE 1-25 MUD AREA) Parcel Number 0000-9 D—Q-09-900 (12 digit number-found on Tax I.D.Information,obtainable stifle Weld County Assessor's Office,or www.co.weld.co.usl. Legal Description NE/4 (See attached) , Sectbn jj, Township 3 North. Range atWest Property Address(If Applicable) TotalAcres 112:45 +/— Has the property been divided from or had divided from it any other property since August 30, 1872?-Yes No_ FEE OW NER(S)OF THE PROPERTY (If addiimal space is required.attach an aidtbnal sheet) Name: Reynolds Cattle Company Work Phone# 303-776-3913 Home Phone# Email Address r.d.reynolds@att.net Address: P.O. Box 675 City/State/Zip Code Longmont, CO 80501 Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below.Authorization must accompany a/p#oeaons mgned byAuttodzedAgent) Name: William B. Woods Work Phone# N/A Home Phone# 970-226-4195 Email Address moods@frii.com Address: 530 Holyoke Court City/State/Zip Code Fort Collins, CO 80525 I(We)hereby depose and state under penalties of perjury thatall statements,proposals,and/or plans sub mitted with or containedwithin the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorizatbn from all fee owners must be included with The applicaion.If a corporatbn is the fee owner, notarized evidence must be Included Indicating the signatory has the legal authority to slgn for the corporatbn. ((1)ra.r111cll H (oS Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date m:)...togb\pmcedwal guides4mtde4 klm.vpd -4- TRAFFIC STUDY r• Tel: 303-792-2450 P.O. Box 260027 EUGENE G. COPPOLA P.E. Fax: 303-792-5990 Littleton,CO 80163-0027 July 27, 2005 Gary Woods Benson Farms 4725 S. Monaco Street #205 Denver, CO 80237 RE: Amended Preliminary Traffic Study Reynolds—Woods 1-25 MUD Inclusion—482 Acres North of SH 66, East of WCR 91/Y, South of WCR 32 Dear Mr. Woods: As requested, I have prepared this amended preliminary traffic study for the Woods/Rey- nolds mixed-used development in Weld County. This information is being prepared as part of the request that the uses on this parcel be amended in the 1-25 Mixed Used Development Area (MUD). The property within the proposed amendment includes the E2 of Section 23 and the SW4 of Section 24, T3N, R68W of the 6th P.M. It totals about 482 acres. This study estimates preliminary site traffic based upon currently anticipated land uses and densities and assigns site traffic to the nearby roadway system. Three alternate land use scenarios are presented. These are: Scenario I 1,952 Residential Dwelling Units Scenario II 1,772 Residential Dwelling Units and 220,120 square feet of commercial Scenario III 909 Residential Dwelling Units, 220,120 square feet of commercial, and 96 acres of industrial park The following site traffic is expected based upon Institute of Transportation Engineers (ITE) trip generation rates. No adjustment for internal trips have been made and therefore, the estimates are considered conservative. I Daily AM Pk HR PM Pk Hr ' t Use Size Rate Trtps_ Rate In Out Rate In Out SCENARIO I Single Family 1,952 D.U. 9.57 18,680 .075 366 1,098 1.01 1,242 730 SCENARIO II Single Family 1,772 D.U. 9.57 16,958 ' 0.75 332 997 1.01 1,128 662 ; Commercial(1) 220,120 S.F. 44.32 9,756 0.68 84 66 2.71 262 334 TOTAL 26,714 416 1,063 1,390 996 SCENARIO II T Single Family 909 D.U. 9.57 8,699 0.75 170 511 1.01 578 340 Commercial(1) 220,120 S.F. 44.32 9,756 0.68 84 66 2.71 262 334 ~ Industrial Park 96 AC 63.11 6,059 8.55 682 139 8.44 209 640 TOTAL 24,514 936 716 1,049 1,314 (1) Specialty Retail Primary site access will be provided by SH 66, CR 91/2, CR 32, and to a lesser degree, CR 13. These existing roadways border the site. Preliminary traffic assignments to and from the site are estimated below for the primary roadways. This distribution is generally consis- tent with recent traffic counts and projections contained in area studies. DAILY SITE TRAFFIC Roadway Section %Site Traffic Scenario I Scenario II Scenario III SH 66 West of Site 50% 9,340 13,357 12,257 East of Site 40% 7,472 10,686 9,806 CR 91/2 North of site 5% 934 1,336 1,226 . CR 32 West of Site 5% 934 1,336 1,226 i — East of Site Nominal Nominal Nominal Nominal SH 66, CR 91/2 and CR 32 are currently paved two-lane roadways having one lane in each direction. SH 66 is under CDOT control while CR 91/2 and CR 32 are under Weld County control. A more detailed traffic study will be undertaken in the future. That study will better define actions needed to mitigate the transportation impacts of this site. It will provide more de- tailed information on a specific development proposal(s) and address items such as internal trips, site access, internal roadways, additional roadway laneage on nearby streets, auxiliary lanes, and traffic controls. I trust this letter will meet your current needs. Please give me a call if you have any ques- tions or need additional assistance. Sincerely, C! ',��?��C. GgretEORG*CIA - • Eu ene G. Coppola E __ :o *:D 15945 N* NSF 2.Q .� ss Cif: l.1 a *q1j:e�i�NAI St PQ'.� Qco'- Q v Hello