HomeMy WebLinkAbout20110560 RESOLUTION
RE: GRANT REQUEST FOR EXTENSION OF SUBMITTAL OF PLANNED UNIT
DEVELOPMENT FINAL PLAT, PF #1114 - PYRENEES PROPERTIES, 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 March 28, 2007, by Resolution #2007-0762, the Board approved the
application of Pyrenees Properties, LLC, 2090 Hollis Crossing Road, Cumberland Furnace,
Tennessee 37051, requesting a Site Specific Development Plan and Planned Unit Development
Final Plan, PF #1114, for eight (8) lots with E (Estate) Zone uses, one (1) lot with A (Agricultural)
Zone uses, and two (2) non-buildable outlots - Hollis Crossing Estates PUD, for a parcel of land
located on the following described real estate, to-wit:
Lot C of Recorded Exemption #3058; being part of
Section 15, Township 7 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, by Resolution #2008-3204, dated December 8, 2008, the Board deemed it
advisable to grant a one-year extension to December 8, 2009, and
WHEREAS, by Resolution #2009-3169, dated December 7, 2009, the Board deemed it
advisable to grant a two-year extension to March 28, 2011, and
WHEREAS, Christine Wenrick, property owner, has requested an additional three-year
extension of 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 Plat to be submitted by March 28,
2014, and
WHEREAS, a hearing before the Board was held on the 16th day of February, 2011, at
which time the Board deemed it advisable to continue said matter to February 28, 2011, in order to
allow adequate time for staff to research and provide additional information to the Board, and
WHEREAS, at the hearing on February 28,2011,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, with said plat to be submitted by March 28, 2014.
. PL 'Appl .
3- I1 - I I 2011-0560
PL1861
EXTEND SUBMITTAL OF PUD FINAL PLAT (PF#1114) - PYRENEES PROPERTIES, LLC
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Pyrenees Properties, LLC, do Christine Wenrick, for an
extension of 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 March 28, 2014.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ' DO
ATTEST: • E'`� i_ !��►,� �_ �,�.4rrc
rbara Kirkmeyer, C air
Weld County Clerk to the =,-r. P
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� an P. Co a , Pro-Tem
BY:0 !1 � `r (
Deputy Clerk to the ..-r.�®
Willil FF Garcia
APP AS TO C
David E. Long
my Attorney o
Douglas ademacher
Date of signature: 3) )1-P I I I
2011-0560
PL1861
1861 -2011 MEMORANDUM
I+ TO: Board of County Commissioners
W E L COUNTY
u N r v
u
DATE: February 10, 2011
FROM: Kim Ogle, Planning Services
SUBJECT: Request for Extension of time c... r�
Final Plat, PF-1114, Hollis Crossing PUD
The Department of Planning Services received a letter from Christine R.Wenrick,with Pyrenees Properties,
LLC of 2090 Hollis Crossing Road, Cumberland Furnace,TN 37051, property owner and developer of Hollis
Crossing PUD is requesting a three (3) year extension of time for submitting the Final plat for the Hollis
Crossing PUD near Severance, Colorado.
Background:
PF-1114—Final Plat, Hollis Crossing PUD,was approved by the Board of County Commissioners on March
28, 2007,for eight(8) Lots with Estate Zone uses and one(1) Lot with Agricultural Zone uses and two(2)non-
buildable outlots located on Lot C of RE-3058, being part of Section 15,Township 7 North, Range 67 West of
the 6'h P.M., Weld County.
On December 8, 2008 the Board of County Commissioners granted a one(1)year extension to December 8,
2009.
On November 22, 2009, by letter to Planning Services, Christine R. Wenrick,with Pyrenees Properties, LLC
requested an additional three(3)year extension of the submittal of the PUD Final Plat for recording,with plat
to be recorded by March 28, 2012. The Board of County Commissioners granted by Resolution a two-year
extension to Ms. Wenrick to submit the Final Plat for recording by March 28, 2011.
On February 10, 2011,the Department of Planning Services received a letter from Christine R. Wenrick,with
Pyrenees Properties, LLC dated January 30, 2011 requesting an additional three (3) year extension of the
submittal of the PUD Final Plat for recording, with plat to be recorded by March 28, 2014.
This statement is included on all subdivisions, including Planned Unit Development(PUDs)as a Condition of
Approval:
Section 27-8-60. Failure to Record a PUD Final Plan
"If a final plan plat has not been recorded within one(1)year of the date of the approval of
the PUD final plan, or within a date specified by the Board of County Commissioners, the
Board may require the landowner to appear before it and present evidence substantiating
that the PUD final plan has not been abandoned and that the applicant possesses the
willingness and ability to record the PUD final plan plat. The Board of County
Commissioners may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the PUD final plan cannot be met, the Board
may, after a public hearing, revoke the PUD final plan."
The Department of Planning Services has previously accepted two requests for an extension of time to
submit the Final Plat. This is Ms. Wenrick's third request for consideration. The Department of Planning
Services is in support of the request given the current economic climate, and recommends support for the
request.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2011-0560
86 1 -20 , 1 MEMORANDUM
w E L O N T Y To: Board of County Commissioners
UFrom: Kim Ogle, Planning Services
Subject: Hollis Crossing PUD, PF-1114
do Christine Wenrick
Date: February 28, 2011
Attached is the summary of application status for Hollis Crossing PUD, c/o Christine Wenrick,
applicant. Ms. Wenrick submitted a letter dated February 20, 2011 outlining her current position,
and Mr. Lawrence Meier, Regional President, with Western States Bank, the lending institution
has provide a letter dated February 23, 2011. Further, Alan Overton with North weld County
Water District has submitted a letter dated February 24, 2011 on behalf of Ms. Wenrick.
To summarize the current status of this land use application, under the heading of"Prior to
Recording the PUD Final Plat", the following items as outlined here remain outstanding:
A. The Board of County Commissioners shall review, and approve, the signed and dated
Improvements Agreement According to Policy Regarding Collateral for Improvements,
including the form of collateral. The security for the Agreement shall be tendered and
accepted by the Board of County Commissioners. This item is outstanding. A new
Improvements Agreement According to Policy Regarding Collateral For Improvements
require updating with 2011 bid estimate numbers for engineering and landscape estimates
on a new Exhibit A sheet. The amount of collateral required must match the Exhibit A costs.
B. The applicant shall submit, to the Weld County Department of Planning Services, a bid for
the proposed landscaping, listing the itemized materials and labor costs. as outlined in the
Improvements Agreement for the entry traffic island and development sign. The applicant
shall make the appropriate changes to the Improvements Agreements, as stated by the
Department of Public Works in the referral dated March 5, 2007,and then resubmit copies of
the Agreement for final approval to the Weld County Departments of Public Works and
Planning Services. This item is outstanding. A new Improvements Agreement According to
Policy Regarding Collateral For Improvements require updating with 2011 bid estimate
numbers for engineering and landscape estimates on a new Exhibit A sheet. The amount of
collateral required must match the Exhibit A costs.
C. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed
and approved the Restrictive Covenants and Homeowners' Association Incorporation
paperwork for the Hollis Crossing Estates PUD. Any changes requested by the Weld
County Attorney's Office and Department of Planning Services shall be incorporated. This
item has been addressed. Approved Covenants are ready to record with receipt of Final Plat
SERVICE„TEAMWORK,INTEGRITY,QUALITY
D. The applicant shall submit finalized copies and the appropriate fee ($6.00 for the first page
and $5.00 for each additional page) to the Department of Planning Services for recording
the Restrictive Covenants for Hollis Crossing Estates PUD in the Office of the Clerk and
Recorder. The fee has been paid to record the approved Covenants. Documents are ready
to record with receipt of Final Plat.
E. The applicant shall provide written evidence from all applicable service agencies, including
the Windsor/Severance Fire Protection District,the Weld County Sheriffs Office,Ambulance
provider, and the Post Office, to the Department of Planning Services indicating that the
proposed street names are in compliance with their identification, naming protocol, and
addressing. This item has been addressed.
F. The applicant shall submit evidence to the Department of Planning Services that the
Homeowners' Association has been recorded with the Secretary of the State. This item is
outstanding
G. The applicant shall submit deeds to the Department of Planning Services for recording of the
outlots and open space areas deeding them to the Hollis Crossing Estates Homeowners'
Association. This item is outstanding
H. The applicant shall address the requirements of Weld County Department of Public Works,
as stated in the referral response dated March 5, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services. This item is
outstanding.
The applicant shall address the requirements of Weld County School District RE-4, as stated
in the referral response dated February 23, 2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. This item has been
addressed.
J. The applicant shall attempt to address the concerns of the Weld County Sheriff's Office, as
stated in the referral response dated February 25, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services. This item has
been addressed.
K. The West Greeley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on-site
soils. Evidence of such shall be submitted, in writing, to the Weld County Department of
Planning Services. This item has been addressed.
L. The applicant shall address the requirements of the Office of the State Engineer. Division of
Water Resources, as stated in the referral response dated February 14, 2007. Evidence of
such shall be submitted, in writing, to the Weld County Department of Planning Services.
This item has been addressed.
M. The applicant shall address the concerns of the Colorado Division of Wildlife, as stated in
the referral response dated March 12, 2007. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services. This item has been addressed.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
N. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. This item has been addressed.
0. The applicant shall submit a signed Final Water Service Agreement with the North Weld
County Water District to the Weld County Department of Planning Services. No Final
Agreement in place at this time. This item is outstanding, reference Alan Overton Letter
dated February 24, 2011.
P. The Private Improvements Agreement for Hollis Crossing Estates PUD has been submitted
and is acceptable with the following revisions:
1) The following revision shall be made to the erosion control cost estimate: Turf
Reinforcement Mat (TRM) shall be updated for permanent erosion control.
2) The following revision shall be made to the detention pond structures cost estimate:
The Pond I overflow weir shall be updated to provide erosion protection.
3) The following revision shall be made to the landscape cost estimate: An itemized bid
for all plant material and associated landscape preparation and materials.
4) The following revision shall be made to the landscape cost estimate: An itemized bid
for the development sign, including labor and materials.
5) The following revision shall be made to the landscape cost estimate: The cost of
including the electrical lighting component to the development sign.
6) The following revision shall be made to the landscape cost estimate: The cost of the
centralized delivery mailbox, including concrete pad.
Q. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
SERVICE,TEAMWORK,INTEGRITY,QUALITY
February 20, 2011
To: Weld County Board of County Commissioners:
This letter is in reference to The Hollis Crossing Estates PUD located at 9821 WCR 80, Fort
Collins,Colorado.
In 20051 purchased 146 acres of agricultural land with a vision to create a small PUD as I could
afford it. At that time the future growth and development In northern Colorado appeared to be
very solid, It Is Important to note that I am not a developer or contractor. I simply had an
opportunity to purchase this land and took the advice of experienced realtors.
I have a large mortgage on this property and have spent over$75,000 on soil testing, planning,
and engineering of my future 9-lot PUD. Nearly all conditions have been met to finalize my PUD
with the exception of some drainage requirements. The cost to meet those requirements had
to be placed on hold as I needed to save the money. Soon after achieving most requirements,
the economy turned south.
As we all know, real estate development seemed to come to a screaming halt. Builders,
developers, small and large construction companies, and realtors were forced to close their
companies. Banks have been calling notes on land due and have forced borrowers to walk
away from their future developments. Not to mention, some banks have been closing their
doors as well.
I am very proud to say that I have at least been able to pay on my land mortgage and receive
yearly renewals from my lender. Costs to do this have gone up for me on an annual basis, but
because of my good credit and commitment to my debts, I have worked very hard to keep this
land.
My lender and I converse a few times a year to discuss my future PUD and so far he has
recommended that I place things on hold. The future of land development and sale is still too
unknown and highly risky. The cost estimate given to me a few years ago to put the
infrastructure in was in excess of$375,000. At this time banks will not lend on this with the
negative and unstable economy. Investors have moved on as well.
It is virtually Impossible for me to do much more than to farm my lend and keep its working
value, what-ever that may be. I maintain my land well. It Is clean and attractive and producing
crops at all times. I pay my taxes, my insurance, and mortgage on time, A few years ago my
PUD was appraised at over$2 million dollars. Today, I probably owe more than what its value
might be.
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I requested a three year extension to finalize my PUD based on very realistic expectations. I
have not abandoned my property or my debts owed on it. I still plan to proceed with my vision
and plan with hopes to someday live on the ninth largest lot.
I am sorry that I am unable to attend this hearing. I am unable to leave work on such short
notice. My representative,Todd Hodges with Todd Hodges Design, LLC will be there should you
have any questions.
Please do not force me to do something I cannot do at this time. I have worked very hard to
purchase this land and fund what I have thus far, By not giving me this extension, I will be
forced to delay my PUD plans even further. This debt and project is on my shoulders alone. I
do not have any other method to fund and pay for this PUD other than my career,which has
also suffered In this economic downturn.
I plan to save money, seek the advice of experts in this field of development, and proceed again
with finalizing my PUD as soon as possible.
SSiinceereelAy,/
Christine R.Wenrick
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VSB
I/VE.51'ERN STATES
February 23,2011
Christine Wenrick
2090 Hollis Crossing Road
Cumberland Furnace,TN 37051
Ms. Wenrick:
It was a pleasure speaking with you the other day regarding your project located at 9821
WCR 80. You had mentioned that Weld County was looking at not providing an
extension on not completing the P. U. D.
Given the current tremendous surplus of both developed and undeveloped lots that are
currently available for sale that would be competition for the lots proposed in your PUD,
unfortunately, the bank could not provide you with additional financing to complete the
infrastructure improvements that would be required.
Additionally,if you were able to find a way to complete those improvements at this time,
I believe that it would be financial mistake to do so. Lots sales are at fire sale prices right
now and thus it would be reasonable to expect that the money that you would put into
infrastructure development costs would not be recouped and you would loose more
money on the sale of the lots.
This is a very tough time for development projects throughout Northern Colorado, I truly
appreciate your continual as agreed performance on your loans with bank during these
times. My hope is that somewhere in the 3 to 5 year spectrum enough lots will be
absorbed in the market that you will be able to move forward with the PUD.
Bes gar
• wrence P.Me' r
Regional Presi ent
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BOARD OF DIRECTORS H NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER QS- � 32825 CR 39 • LUCERNE, CO 80646
RALPH PRIOR DON POSSELT, DISTRICT MANAGER
NELS NELSON O
GENE STILLE EST.a%SEED �Q P.O. BOX 56 • PHONE(970)356-3020 • FAX (970)395-0997
ROBERT ARNBRECHT i• ti
"vATEa
www.nwcwd.org • e-mail: water@nwcwd.org
February 24, 2011
Christine R. Wenrick Todd Hodges Design,LLC
Pyrenees Properties 1269 North Cleveland Ave.
2090 Hollis Crossing Road Loveland,CO 80537
Cumberland Furnace,TN 37051
Re: Hollis Crossing Estates
North Weld County Water District can provide water service to the proposed 9-lot PUD located
in Section 15,Township 7 North,Range 67 West of the 6th Principal Meridian,County of Weld,
State of Colorado.
North Weld County Water District prepared a Water Service Agreement in 2007 which was never
executed. The District will work with Pyrenees Properties and prepare a new Water Service
Agreement to be executed.
North Weld County Water District has no objections to Hollis Crossing Estates receiving a 3-year
extension from Weld County.
Sincerely
Alan Overton,P.E.
District Engineer
North Weld County Water District
land uai�ccwd,,org
(970)301-0985 Cell
RECEIVED
January 30,2011
FEB 10 2, ) 1
Weld County Planning tment r ` U,\-\
GREELEY OE. ,.. -rG
Chairman Bill Jerke
s;
Weld County Board of County Commissioners
Centennial Building
915 Tenth Street
Greeley,CO 80631
Subject: PF-1114 Hollis Crossing PUD
Dear Chairman Jerke:
I am writing to request a three (3)year extension to the approved referenced planned unit development
subdivision in Weld County. As you are aware,the last few years have been an economic quagmire in
real estate investments,and the investments of many, including mine, have experienced the economic
downturn.
At this point, I am financially not in a position to be able to provide additional resources to this project
for Hollis Crossing Estates PUD. It is my understanding that Section 27-8-60 of the Weld County Code
stipulates the consequences for not completing the PUD in a timely manner.
This section states: "Failure to Record a Planned Unit Development Final Plan- If a Final Plan plat has not
been recorded within one(1)year of the date of the approval of the PUD Final Plan,or within a date
specified by the Board of County Commissioners,the Board may require the landowner to appear
before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that
the applicant possesses the willingness and ability to record the PUD Final Plat plan. The Board may
extend the date for recording the plat. If the Board determines that conditions supporting the original
approval of the PUD Final Plan cannot be met,the Board may, after a public hearing, revoke the PUD
Final Plan. "
It is my intension to complete the approved PUD when my financial resources are more fluid. Given the
current situation I respectfully request your consideration for approval of the extension of time to meet
my obligations. Please grant this extension as I do not want to lose my financial investment that I have
already spent to get this far with my project.
Sincerely,
C,R 61,0'CL
Christine R. Wenrick
Property Owner
TMs Christine Wenrick
2090 Hollis Crossing Rd
Cmbrind Frnce TN 37051-5140
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