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HomeMy WebLinkAbout20132683.tiffRESOLUTION RE: GRANT REQUEST FOR EXTENSION OF SUBMITTAL OF PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PZ-1150 (WIGAARD SMITH ESTATES PUD) - SHERRY WIGAARD AND VELOIS SMITH 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 September 29, 2010, by Resolution #2010-2242, the Board approved the application of Sherry Wigaard and Velois Smith, 1935 County Road 55, Keenesburg, Colorado 80643, requesting Change of Zone, PZ #1150, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for eight (8) residential lots with E (Estate) Zone uses, along with four outlots (Outlot A — for central water system appurtenances and distribution and emergency access; Outlot B — existing gas well production facility; Outlot C — entry sign; and Outlot D — school bus shelter and mail kiosk) — Wigaard Smith PUD, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption #4833; located in the N1/2 NE1/4 of Section 28, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the plat for Change of Zone, PZ-1150, was recorded on July 14, 2011, and WHEREAS, Cliff McKissack, on behalf of said applicant, has requested a six-month extension of the submittal of the Planned Unit Development Final Plan application, as required by Section 27-8-50 of the Weld County Code, with said Final Plan application to be submitted by March 23, 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 Cliff McKissack, on behalf of Sherry Wigaard and Velois Smith, for an extension of the submittal of the Planned Unit Development Final Plan application, as required by Section 27-8-50 of the Weld County Code, on the above referenced parcel of land be, and hereby is, granted, with said Final Plan to be submitted by March 23, 2014. to 2013-2683 PL2080 EXTEND SUBMITTAL OF PUD FINAL PLAN - SHERRY WIGAARD AND VELOIS SMITH PAGE 2 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 CTY, COLORADO ATTEST: Will Weld County Clerk to the Board r4Xv, Dougla BY: am Ga -ia, Chair /_iii. Deputy Cle o the Board P. Conway SED Freeman County Attorney Date of signature: OCT 0 1 2013 Barbara Kirkmeyer 2013-2683 PL2080 arg COLORADO MEMORANDUM TO: Weld County Commissioners DATE: September 11, 2013 FROM: Chris Gathman SUBJECT: Proposed 6 -month extension for submittal of Final Plat application for PZ-1150 (Wigaard Smith Estates PUD) Background: PZ-1150 (A Planned Unit Development for eight (8) lots with E (Estate) Zone Uses and four outlots Outlot A — for central water system appurtenances and distribution and emergency access; Outlot B — existing gas well production facility; Outlot C — entry sign; and Outlot D — school bus shelter and mail kiosk) — Morea Manor North, was approved by the Board of County Commissioners on September 29, 2010. The PZ-1150 Change of Zone Plat was recorded on July 14, 2011. Sec. 27-8-50. Failure to submit a PUD final plan. Section 27-8-50 states: "If a PUD final plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submittal of the PUD final plan. The Board of County Commissioners may extend the date for the submittal of the PUD final plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD final plan, the Board may, at a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district." Request: The applicant's representative, in an e-mail dated August 27, 2013, is requesting a four (4) to six (6) month extension to submit the PUD final plat application. Staff Recommendation: Staff recommends granting a six-month extension for submittal of the application until March 23, 2014. 2013-2683 From: cliffmckissack(o)n.com To: Chris Gathman Cc: ASwin4u Subject: Re: Wigaard Smith Estates PUD final plat submittal Deadline Date: Tuesday, August 27, 2013 10:39:59 AM Chris, Good morning. I would like to formally request on behalf of the Wigaard Smith owners a 4 to 6 month extension to submit the PUD Plat application for the subject property. Please let me know when the meeting is so I can make arrangements to attend. Thanks for your help. Cliff From: "Chris Gathman" <cgathman@co.weld.co.us> To: cliffmckissack@q.com Sent: Tuesday, August 20, 2013 11:30:27 AM Subject: Wigaard Smith Estates PUD final plat submittal Deadline Dear Cliff, Are you still involved with Sherry Wigaard and Velois Smith on this? See note Son page 7 of the attached resolution. The applicants have three (3) years to either submit a final plat application or request additional time before the Board of County Commissioners. The change of zone was approved on 9/29/2010 so the 3 -year timeframe is coming up. Do they wish to proceed with this? Do they need additional time? If they are/need to request additional time — please send me an e-mail/letter requesting this (be sure to indicate how much additional time they are requesting). We would schedule them before the Board of County Commissioners at a 9 AM meeting where the Board would review the request (the applicants and/or representative should attend). If you need to have a follow up pre -application to discuss the remaining steps for the PUD final plat application you can send a pre -application request to our office (see attached). The request can be very general (ie: we want to discuss the final plat submittal requirements for PUD Change of Zone PZ-1150). The pre -application form is attached. You can fax or e-mail it to the attention of Michelle Martin with our office (her e-mail is: mmartin(Eco.weld.co.us). Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 8O631 Ph: (97O)353-61OO ext. 3537 Fax: (97O)3O4-6498 Hello