HomeMy WebLinkAbout20102341.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 1/4/4 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
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 10, 2010, 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 Attorney's 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 October 19, 2011.
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 October 19, 2011.
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2010-2341
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 4th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
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David E. Long
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2010-2341
PL1792
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TO: Board of County Commissioners DATE: September 22, 2010
COLORADO
FROM: Kim Ogle, Planning Services
SUBJECT: Request FOR Extension of Time for Submittal of Final Plan
for Change of Zone, PZ-1071, Adler Estates PUD
The Department of Planning Services received a letter dated September 10, 2010 from Fred R.
Kelly, Jr., managing partner for Mead Crossings, LLC requesting a one year extension of time for
submitting the final plat application for Adler Estates PUD near Mead, Colorado.
Background:
PZ-1071 —Change of Zone for Adler Estates PUD, was approved by the Board of County Commissioners
on October 19, 2005. Fred Kelly, Partner—Mead Crossings, LLC, the current owner of the property upon
which the change of zone for Adler Estates PUD was approved, is requesting a 1-year extension for the
submittal of the final plat application for Adler Estates PUD due to existing 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."
The Department of Planning Services has previously accepted two requests for an extension of time to
submit the Final Plat application. This is Mr. Kelly's third request for consideration.
2010-2341
Weld County Planning Department
GREELEY OFFICE
SEP 14 7ntn
September 10, 2010 RECEIVED
Mr. Kim Ogle
Senior Planner
Weld County Planning Department
918 10th Street
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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