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HomeMy WebLinkAbout20093169.tiffRESOLUTION RE: GRANT REQUEST FOR EXTENSION OF SUBMITTAL OF PLANNED UNIT DEVELOPMENT FINAL PLAN, 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, 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, 2012, and 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 partially approved, by allowing a two-year extension of the submittal of the plat, to be submitted by March 28, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Pyrenees Properties, LLC, c/o 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, partially granted, with said Final Plat to be submitted by March 28, 2011. e I Pi-, 4 -en - 2009 -3169 2009-3169 PL1861 3/01 EXTEND SUBMITTAL OF PUD FINAL PLAT - PYRENEES PROPERTIES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2009. ATTEST: is Weld County Clerk to the Boargd, BY: Date of signature: olic-i itiq De ty Cler the Board U' ✓Villiam F. Garcia, Chair Douglas ademadier, Pro-Tem bar Kirkmeyer Co`urdy Attorney c�� David E. Long 2009-3169 PL1861 i eff‘r ‘10.4 WIiDe COLORADO MEMORANDUM TO: Board of County Commissioners DATE: FROM: December 1, 2009 Kim Ogle, Planning Service SUBJECT: Request for Extension Pyrenees Properties LLC, do Christine Wenrick PF-1114, Hollis Crossing Estates PUD The Board of County Commissioners approved PF-1114 on March 28, 2007 for Pyrenees Properties LLC, c/o Todd Hodges Design LLC, 1269 N. Cleveland Avenue, Loveland, CO for a PUD Final Plat for 8 residential lots with Estate Zone District uses, 1 residential lot with Agricultural Zone District uses, and non -buildable outlots to be identified as Hollis Crossing Estates PUD. The following statement is included on all subdivisions as a condition of approval: Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. The Department of Planning Services has received correspondence dated November 22, 2009 from the applicant, Christine Wenrick, who is requesting consideration for a three (3) year extension of time to complete the conditions of approval for case number PF-1114. This is the second request by Ms. Wenrick for an extension, the first request was for a one year period, granted in 2008. 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 Ms. Wenricks request. 2009-3169 Weld County Planning Department GREELEY OFFICE November 22, 2009 Chairman Bill Jerke Weld County Board of County Commissioners Centennial Building 915 Tenth Street Greeley, CO 80631 Subject: PF-1114 Hollis Crossing PUD Dear Chairman Jerke: DEC H 1 ?nog RECEIVED 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 two 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 60Au2 i C C Christine R. Wenrick Property Owner Hello