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Home My WebLink About20132684.tiffRESOLUTION RE: GRANT REQUEST FOR ADDITIONAL EXTENSION OF DEADLINE FOR SUBMITTAL OF PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1090 - EAGLE VIEW 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 October 4, 2006, by Resolution #2006-1954, the Board approved the application of Eagle View Farms, LLC, 3246 Grandview Drive, Greeley, Colorado 80631, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1090, for 24 residential lots and 9.7 acres of open space, for a parcel of land located on the following described real estate, to -wit: NE1/4 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on October 15, 2007, by Resolution #2007-3229, the Board approved the request of Glen Droegemueller, Attorney at Law, 1035 37th Avenue Court, Greeley, Colorado 80634, on behalf of said applicant, to extend the deadline for the submittal of the Planned Unit Development Final Plat for recording, as required by Sections 27-8-60 and 27-8-70 of the Weld County Code, with said Final Plat to be submitted by October 30, 2008, and WHEREAS, on October 22, 2008, by Resolution #2008-2825, the Board approved an additional request to extend the deadline for the submittal of the Planned Unit Development Final Plat for recording, as required by Sections 27-8-60 and 27-8-70 of the Weld County Code, with said Final Plat to be submitted by October 20, 2009, and WHEREAS, on October 7, 2009, by Resolution #2009-2649, the Board approved an additional request to extend the deadline for the submittal of the Planned Unit Development Final Plat for recording, as required by Sections 27-8-60 and 27-8-70 of the Weld County Code, with said Final Plat to be submitted by October 30, 2011, and WHEREAS, on August 29, 2011, by Resolution #2011-2330, the Board approved an additional request to extend the deadline for the submittal of the Planned Unit Development Final Plat for recording, as required by Sections 27-8-60 and 27-8-70 of the Weld County Code, with said Final Plat to be submitted by October 30, 2013, and PL ► Prfok 2013-2684 PL1823 EXTEND SUBMITTAL OF PUD FINAL PLAT - EAGLE VIEW FARMS, LLC PAGE 2 WHEREAS, Glen Droegemueller, on behalf of said applicant, has requested an additional extension of the deadline for the submittal of the Planned Unit Development Final Plat for recording, as required by Sections 27-8-60 and 27-8-70 of the Weld County Code, with said Final Plat to be submitted by October 30, 2014, 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 Department of Planning Services, and, having been fully informed, finds that this request shall be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Glen Droegemueller, on behalf of Eagle View Farms, LLC, for an extension of the deadline for the submittal of the Planned Unit Development Final Plat for recording, as required by Sections 27-8-60 and 27-8-70 of the Weld County Code, on the above referenced parcel of land be, and hereby is, granted, with said Final Plat to be submitted by October 30, 2014. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CQUNJY, COLORADO ATTEST: -,5G„ Weld County Clerk to the Board BY: Deputy Clerk the :oard APP D A ' F • ' : �e6� ounty Attorney Date of signature: no- 0 1 7013 rbara Kirkmeyer arcia, Chair USED e Freeman cher, Pro-Tem 2013-2684 PL1823 MEMORANDUM WLWDC COLORADO TO: Weld County Commissioners DATE: September 11, 2013 FROM: Chris Gathman Vin.. --- SUBJECT: Proposed 1 year extension for recording of the final plan plat and commencement of construction for PF-1090 (Eagle View Farms PUD) Background: PF-1090 (24 residential lots and 9.7 acres of open space) — Eagle View Farms PUD, was approved by the Board of County Commissioners on October 4, 2006. On October 15, 2007 and October 22, 2008, The Board of County Commissioners granted one year extensions for recording of the final plat. On October 7, 2009, The Board of County Commissioners granted a two-year extension for recording of the final plat until October 30, 2011. On August 29, 2011, The Board of County Commissioners granted a two-year extension for recording of the final plat until October 30, 2013. Request: The applicant's representative (Glen Droegemueller), in a letter dated September 9, 2013, is requesting a 1 -year extension for recording the final plat and commencement of construction on PF-1090 (Eagle View Farms). This extension is requested to allow the applicant time to provide Weld County with proof of collateral for the improvements agreement for this project. The applicant has indicated that the financial assurance requirements for completion of infrastructure would be financially premature and unduly burdensome relative to the expected timing of the development due to the applicant's assessment that the market is not yet feasible at this time for this type of development for there are still not enough buyers in the market to absorb this type of development. The request indicates that the applicant has already invested financially in obtaining plat approvals (engineering, drafting and legal fees), has paid to place an under -drain beneath the property to be developed, has paid toward a domestic water line extension to the property to be developed, and has purchased adjacent properties for community services, public access and recreational purposes for future residents of Eagle View Farms. Staff Recommendation: The applicant has demonstrated that they are actively involved in PUD finalizing the PUD and installing onsite and offsite improvements related to the Eagle View Farms PUD. Therefore, staff recommends granting the one-year extension until October 30, 2014. 2013-2684 GLEN DROEGEMUELLER Attorney at Law glen@glendroegemueller.com Via E -Mail September 9, 2013 Weld County Board of County Commissioners Weld County Administration Building 1150 0 Street Greeley, CO 80631 Re: Eagle View Farms PUD Dear Members of the Board of Commissioners: The Eagle View Farms PUD was approved by the Board initially on October 30, 2006. The property owner has appeared before the Board in 2007, 2008, 2009, 2011 and has obtained four (4) extensions for the recording of the Plat and initiating construction of infrastructure. The purpose of this letter is to request on behalf of Eagle View Farms PUD a fifth extension for one (1) year for both the recording of the final PUD Plat and commencement of construction of infrastructure improvements for Eagle View Farms PUD, for the reasons summarized below: The property owner has invested approximately $300,000.00 in obtaining Plat approval including engineering, drafting, and legal fees. The property owner has paid $120,000.00 to place an under -drain beneath the property to be developed. The property owner has paid $175,000.00 toward a domestic water line extension to the Northwest corner of the property along State Highway 392. The property owner has purchased and improved a seven (7) acre parcel immediately adjacent to Eagle View Farms in the Northeast corner of the Section for approximately $400,000.00 to provide community services to future Eagle View residents. The property owner participated financially and operationally with the Colorado Department of Transportation in the $1.5 million dollar improvement to the Seeley Creek culvert project under Highway 392 that borders the property on the West. In January of 2011, the property owner purchased 40 acres contiguous to the property to the South and including the West frontage of Seeley Lake connecting Eagle View Farms to Seeley Lake and with the existing neighborhood on the East side of the lake for future public access and recreational purposes. The property owner is conducting feasibility analyses and planning to incorporate a portion of this additional property and its natural resources and improvements into the Eagle View Farms project to provide additional common area and recreational and lifestyle amenities to Seeley Lake residents and future Eagle View homeowners. 1035 37th Avenue Court, Greeley, Colorado 80634 Telephone: (970) 304-0362 Fax: (970) 353-4040 Page 2 September 9, 2013 The recording of the Plat would require the property owner to provide a letter of credit to Weld County in the approximate amount of $2.0 million as financial assurance for the completion of the infrastructure. To satisfy this Plat recording requirement would still be financially premature and unduly burdensome relative to the expected timing of development due to the continuing weakness of economic and market conditions. The provision of such a letter of credit imposes an actual capital burden and associated costs equal to the amount of the letter of credit. In addition to this financial requirement for flat recording, the property owner would be required to pay the Eaton School District Development Fee for the all lots in the subdivision prior to construction. As market conditions for some segments of the northern Colorado residential real estate market have begun to significantly improve, it is the property owner's assessment that current economic conditions make this type of higher -end residential development not yet feasible to proceed with at this time and there are not yet enough qualified buyers in the market place to allow lots of this quality to be timely absorbed. It is anticipated that based on the assumption that the improvement in current market trends continues that it will become feasible for Eagle View Farms to be developed and brought to market during the requested one (1) year extension period. This request for extension will allow the property owner time for further, if not final, recovery of market conditions to occur and also to plan and incorporate the newly acquired adjacent land and its natural resources and amenities into Eagle View Farms. Doing so will help ensure that it is optimally planned and developed and in a financially prudent manner that maximizes its compatibility with the surrounding neighborhood and its contribution to Weld County, economically and otherwise. Accordingly, the property owner respectfully requests the Board enter a finding that Eagle View Farms PUD has not been abandoned, and it is appropriate to extend the requirement for recording of final PUD Plat and commencement of the construction of the infrastructure of the PUD for an additional one (1) year period which would end on October 30, 2014. Sincerely yours, {( Glen Droegemueller Attorney at Law GD:Ic pc: Brad Keirnes Chris Gatham 1035 37th Avenue Court, Greeley, Colorado 80634 Telephone: (970) 304-0362 Fax: (970) 353-4040 GLEN DROEGENU LLER Attorney at Law glen@giendroegemueller.com Via E -Mail September 9, 2013 Mr. Chris Gathman Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80634 Dear Chris: Thank you for returning my telephone call regarding a possible extension for the Eagle View Farms PUD. I have spoken with Brad and Grace Keirnes about the extension and they have asked me to request the Weld County Board of County Commissioners grant an additional one (1) year extension. I am providing the attached letter to you so it can be provided to the Board for consideration. You indicated it was possible that the matter could be scheduled for the Board on Monday, September 23, 2013. I would appreciate your notifying the Clerk to the Board of my request and verifying the matter could be heard on the 23rd. As always, thank you for your continuing cooperation in this matter involving my client and Weld County. 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