HomeMy WebLinkAbout20113144.tiff RESOLUTION
RE: APPROVE REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL
PLAN FOR CHANGE OF ZONE, PZ #1071, FOR ADLER ESTATES PUD - MEAD
CROSSINGS, 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, by Resolution #2005-2855, dated October 19, 2005, the Board approved the
application of Melody Homes, Inc., dba DR Horton-The Melody Series, 11031 Sheridan Boulevard,
Suite A, Westminster, Colorado 80020, requesting a Change of Zone, PZ #1071, from the
A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District for 833 single
family residential lots, along with an elementary school site, 70.08 acres of open space, and
continued oil and gas production, for a parcel of land located on the following described real estate,
to-wit:
Part of the SW1/4 and part of the SE1/4 of
Section 33, and part of the SW 1/4 of Section 34, all in
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, by Resolution #2008-2630, dated September 29, 2008, the Board granted a
twelve-month extension of time for filing the PUD Final Plan for Adler Estates PUD until October 19,
2009; and by Resolution#2009-2807, dated October 26, 2009,the Board granted a second twelve-
month extension of time for filing the PUD Final Plan until October 19, 2010, and by Resolution
#2010-2341, dated October 4, 2010, the Board granted a third twelve-month extension of time for
filing the PUD Final Plan until October 19, 2011, and
WHEREAS,pursuant to Section 27-8-50 of the Weld County Code,the current owner of the
property, Mead Crossings, LLC, c/o Fred Kelley, 1200 17th Street, Suite 850, Denver, Colorado
80202, submitted a letter dated September 16, 2011, requesting the Board consider an additional
twelve-month extension of time for filing the PUD Final Plan for the Adler Estates PUD, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of staff from the
County Attorneys Office and the Weld County Department of Planning Services, and all of the
exhibits and evidence presented in this matter and, having been fully informed, finds that this
request shall be approved for the period of twelve (12) months, until December 12, 2012, with
instruction to complete the paper submittal requirements during the extension period.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the time for filing the Final Plan for Change of Zone, PZ#1071, for the Adler
Estates PUD, for Mead Crossings, LLC, be, and hereby is, extended for the period of twelve (12)
months, until December 12, 2012, with instruction to complete the paper submittal requirements
during the extension period.
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I I -I a 2011-3144
PL1792
RE: EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN (ADLER ESTATES PUD,
PZ#1071) - MEAD CROSSINGS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 2011.
BOARD OF COUNTY CO MISSIONERS
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COUNTY, COLO DO
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ATTEST: /A -t ,ara Kirkmeyer, Oair
Weld County Clerk to the Board
,��� CUSED° -n R C. ro-Tem
BY: - (1161
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Deputy CI k to the Board
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VEDAS TO ®Q� U '
David E. Long
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County Attorney ��� �gt�as Rademacher
Date of signature: / _/ d
2011-3144
PL1792
MEMORANDUM
W IEgg C
TO: Board of County Commissioners
COLORADO DATE: December 5, 2011
FROM: Kim Ogle, Planning Services
SUBJECT: Request for Extension for
Submittal of Final Plat Application —Adler Estates PUD
PZ— 1071, Fred Kelly, Manager, Mead Crossings, LLC
PZ-1071, Change of Zone for Adler Estates PUD was approved by the Board of County Commissioners
on October 19, 2005. Fred Kelly, Manager, Mead Crossings, LLC, the current owner of the property is
requesting a one-year extension for the submittal of the Final Plat application for Adler Estates, PUD due
to the current less-than-favorable economic and market conditions.
Section 27-8-50 of the Weld County Code 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" (Weld
County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10)
Case History:
October 19, 2005 Change of Zone Approved for a PUD for 833 Single Family Residential Lots,
along with an Elementary school site, 70.08 acres of open space and continued
oil and gas production —Melody Homes, Inc. dba DR Horton [Adler Estates PUD]
April 6, 2006 Special Warranty Deed between Floyd and Marian D. Adler and Mead Crossings,
LLC for three tracts of land described as Part of the SW4 and Part of the SE4 of
Section 33, and part of the SW4 of Section 34, all in Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
September 29, 2008 Mead Crossings, LLC, do Fred Kelley, 1200 17th Street, Suite 850, Denver,
Colorado requested the Board consider an extension of time for filing the PUD
Final Plan for Adler Estates PUD. The Board of County Commissioners granted
the one year extension to October 19, 2010.
October 26, 2009 Mead Crossings, LLC, do Fred Kelley, 1200 17th Street, Suite 850, Denver,
Colorado requested the Board consider an extension of time for filing the PUD
Final Plan for Adler Estates PUD. The Board of County Commissioners granted
the one year extension to October 19, 2010.
October 4, 2010 Mead Crossings, LLC, do Fred Kelley, 1200 17th Street, Suite 850, Denver,
Colorado requested the Board consider an extension of time for filing the PUD
2011-3144
Final Plan for Adler Estates PUD. The Board of County Commissioners granted
the one year extension to October 19, 2011.
September 16, 2011 Letter received from Mr. Fred Kelley, 1200 17th Street, Suite 850, Denver,
Colorado requesting a fourth one year extension of time for filing the PUD Final
Plan for Adler Estates PUD.
The Department of Planning Services has no recommendation concerning this request for a fourth
extension for filing the PUD Final Plan for Adler Estates PUD.
NOV-30-2011 12:51 From: To:970 304 6498 P.1/2
•
Mead Crossings, LLC
Memo
Ta Mr.Kim Ogle,Senior Planner,Weld County Planning Department
Fax:970304-8498,Telephone: 970-353-6100
Front Fred R. Kelly,Jr., Partner—Mead Crossings LLC
Gra file
Data 11/30/2011
Rea Letter requesting extension of time—finalizing plat on Adler Farms
Mr. Ogle,
On September 16,2011,you were sent a letter from Mr. Kelly regarding a one year extension from the
due date for finalizing the plat on the Adler Farm. We have, since, attempted to contact your office in
order to pursue this request,with no response. The matter is now becoming imperative that we hear
from you. Please contact Kristen Pine at 303-572-8990 as soon as possible
Kristen Pine
On behalf of Fred R. Kelly, Jr.
Mead Crossings,LLC
1200 17th-Street,Suite 850
Denver,CO 80202
303.572.6990 T
303.572.8996 F
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NOV-30-2011 12:51 From: To:970 304 6498 P.2'2
F Sent via fax:970.304.6498
September 16, 2011
Mr. Kim Ogle
Senior Planner
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Dear Mr. Ogle:
I am writing to request a one year extension of time from the due date for finalizing the
plat on the Adler Farm near Mead. Current market conditions do not make it possible
for lots to be sold at present therefore development will be unavoidably delayed.
Thank you in advance for your consideration of my request, I eagerly await your written
response.
Sincerely, •
,
Fred R. Kelly,Jr.
Partner
Mead Crossings
1200 17th Street,Suite 850
Denver„CO 80202
(303)572-6990
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