HomeMy WebLinkAbout20112330.tiff RESOLUTION
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 20, 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, 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, 2013, and
Pl-, APpI
2011-2330
9-i g- /I PL1823
EXTEND SUBMITTAL OF PUD FINAL PLAT - EAGLE VIEW FARMS, LLC
PAGE 2
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 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, 2013.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:' f-1« CG�;;� t /IA-
�bara Kirkmeyer, Chair
Weld County Clerk to the Board
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an P. Con 'ay Pro-Tem
BY: ,.r7vu.,Deputy Clekk to the Boar 1561 is . Garcia`
APP D AS T M: CO'-'Q k U Q--s
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Date of signature: "�'/ I
2011-2330
PL1823
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Eagle Development Corporation 8 • cf---
MEMORANDUM
46,17 TO: Weld County Commissioners
DATE: August 24, 2011
COLORADO FROM: Chris Gathman
SUBJECT: Proposed 2 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.
Request: The applicant's representative (Glen Droegemueller), in a letter dated August 16,
2011, is requesting a 2-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 continuing weakness of the economic and market
conditions.
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, 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 on
and offsite improvements related to finalizing the Eagle View Farms PUD. Therefore, staff
recommends granting the two-year extension from the upcoming expiration date of the previous
two-year extension until October 30, 2013.
2011-2330
GLEN DROEGEMUELLER
Attorney at Law
glen@glendroegemueller.com
Hand Delivered
August 16, 2011
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, and has obtained three 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 fourth extension for two (2)
years 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 $100,000.00 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 $300,000.00 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 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 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
1035 37`h Avenue Court,Greeley,Colorado 80634
Telephone: (970) 304-0362 Fax: (970)353-4040
Page 2
August 16, 2011
amount of the letter of credit. In addition to this financial requirement for Plat 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.
It is the property owner's assessment that current economic conditions make this type of residential
development unfeasible to proceed with at this time. While there are some indications that the
deterioration of market conditions may be abating, new construction and demand for residential homes in
Weld County and the City of Greeley have yet to recover, banks have altered their lending practice
regarding speculative homes and there are not yet enough qualified buyers in the market place to allow
lots of this quality to be absorbed on a feasible basis.
Beyond the property owner's own assessment, it is the property owner's perception that banks will also
not make infrastructure development loans available for this project unless and until the regulatory
environment stabilizes and the local, regional, and national economy show adequate signs of sustained
recovery.
As evidenced by the property owner's original and ongoing substantial investment of time, expertise and
capital in Eagle View Farms, PUD, the property owner is fully committed to this project and continues to
have ongoing discussions with the Ogilvy Irrigating and Land Company concerning possible
improvements of Seeley Lake. The property owner and Ogilvy Irrigating and Land Company worked
together with CDOT on the Highway 392 culvert project and continue to have discussions about a
cooperative effort which could include modifying the approved storm water detention structure for Eagle
View Farms PUD to incorporate an erosion and sediment control structure for Seeley Lake. The property
owner is committed to working with Ogilvy including its ongoing engineering study of a possible shared
infrastructure project that would be in the mutual long-term interest of both parties and the enhancement
and preservation of Seeley Lake as both an irrigation reservoir and recreational resource. If a joint project
is developed, the property owner anticipates some modifications to the approved PUD Plat could be
necessary. The property owner believes it would prudent to extend the time period for the recording of the
Plat which would allow a modification to occur if the joint project goes forward.
The request for extension will allow the property owner time for improvement of market conditions to
occur and to continue working with Ogilvy Irrigating and Land Company, to ensure that Eagle View
Farms PUD is developed in a financially prudent manner that maximizes its compatibility with the
interests of Ogilvy and its viability and success in anticipated future normalized market conditions.
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 two (2)
year period which would end on October 30, 2013.
Sincerely yours,
Glen Droegemueller
Attorney at Law
GD:lc
pc: Brad Keirnes
Chris Gatham
1035 37th Avenue Court,Greeley,Colorado 80634
Telephone: (970)304-0362 Fax: (970)353-4040
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