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HomeMy WebLinkAbout20101102.tiff RESOLUTION RE: GRANT REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ#1082- KITELEY FARMS, LLLP, C/O LONGS PEAK INVESTORS, 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 July 26, 2006, by Resolution #2006-1794, the Board approved the application of Kiteley Farms, LLLP, 13844 County Road 7, Longmont, Colorado 80504, c/o Longs Peak Investors, LLC, 7120 East Orchard Road #450, Englewood, Colorado 80111, requesting Change of Zone, PZ #1082, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 429 residential lots, open space, and continuing oil and gas production, for a parcel of land located on the following described real estate, to-wit: Lot B of Recorded Exemption#843; being part of the NW1/4 of Section 27, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on June 29, 2009, the Board approved the request of Longs Peak Investors, LLC, for a one-year extension of the submittal of the Planned Unit Development Final Plat for recording, indicating said Final Plat will be submitted by July 26, 2010, and WHEREAS, Longs Peak Investors, LLC, has requested an additional two-year extension of the submittal of the Planned Unit Development Final Plat for recording, indicating said Final Plat will be submitted by July 26, 2012, and WHEREAS, a hearing before the Board was held on the 24th day of May, 2010, at which time the Board deemed it advisable to continue said matter to May 26, 2010, and then on May 26, 2010, the Board deemed it advisable to continue said matter to June 7, 2010,to allow the applicant to be in attendance. WHEREAS, on June 7, 2010, 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 an additional two- year extension shall be approved, with said Final Plat to be submitted by July 26, 2012. CC, PL , APT, Rtp- 2010-1102 PL1848 EXTEND SUBMITTAL OF PUD FINAL PLAT (PZ-1082) - KITELEY FARMS, LLLP, C/O LONGS PEAK INVESTORS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Kiteley Farms, LLLP, do Longs Peak Investors, LLC, 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 July 26, 2012. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNT LORADO ATTEST: c, Doug ademach r, Chair Weld County Clerk to th=`F4=r,( ,'cD 1 / j $ rbara Kirkme r ro- em BY: Deputy Cler ,o the Board��2�I (/ \ Sean P. Cay J AP ED A • A4Gad C.County Attorney - c4 or David . Long • Date of signature: 2 , 2010-1102 PL1848 Oft; MEMORANDUM , : II`P�C TO: Board of Co my Commissioners DATE: May 17, 2011 COLORADO 114WWW� • FROM: Kim Ogle, Planning Services w �� lsJ SUBJECT: Request for Extension Kiteley Ranch at Foster Lake, PZ-1082 c/o Jerrie Eckelberger, Longs Peak Investors, LLC The Board of County Commissioners approved PZ-1082 on July 26, 2006 for Kiteley Ranch at Foster Lake, c/o Jerrie Eckelberger, Longs Peak Investors, LLC; 9137 E. Mineral Circle, Suite 360, Centennial, CO for a Change of Zone from A(Agricultural)to PUD (Planned Unit Development)for 429 residential lots, open space and continuing oil and gas production. (Kiteley Ranch at Foster Lake) The following statement is included on all subdivisions as a condition of approval: "The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - 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 submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board 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 of County Commissioners may, at a public hearing 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 received correspondence from the applicant, Jerrie Eckelberger, who is requesting consideration for an extension of one year. Mr Eckelberger indicates that the project has not been abandoned and there is a willingness and ability to continue with the submittal of the PUD Final Plan. The Department of Planning Services received electronic mail from Mr. Eckelberger dated May 2, 2010 requesting a two year extension to July 26, 2012 to submit the PUD Final Plan The Department of Planning Services is in support of this request given the current economic conditions and recommends that the Board of County Commissioners approve Mr Eckelberger's request. 2010-1102 9137 E. Mineral Circle,Suite 360 Centennial,CO 80112 = Telephone(720) 335-1370 Telefax(303) 796-7333 LONGS PEAK INVESTORS , tic eckelherger@cotncast.net May 2, 2010 Delivery via email(kogle iz co.weld.co.us) Mr. Kim Ogle Planning Manager Weld County Administrative Offices 1555 N. 17th Avenue Greeley,CO 80631 Re: Request for Extension to Submit Final Plan Kiteley Ranch at Foster Lake PZ-1082 Dear Kim: On July 26,2006,the Weld County Board of County Commissioners approved the PUD Change of Zone Plat and Preliminary Site Improvement Plans for Kiteley Ranch at Foster Lake. On June 29, 2009, the Board extended the time to submit the PUD Final Plan to June 26, 2010. Due to the lasting nature of the current economic downturn,the applicant, Longs Peak Investors, LLC requests a two year extension to July 26,2012 to submit a Planned Unit Development and Final Plan. This will confirm the PUD project has not been abandoned and the applicant has the willingness and ability to continue with the submittal of the PUD Final Plan. Thank you in advance for your consideration. If you have any questions of concerns,l will be happy to address them. Very truly yours, LONGS PEAK INVESTORS, LLC Jerie Eckelberger Manager/Applicant Hello