HomeMy WebLinkAbout20092649.tiffRESOLUTION
RE: GRANT REQUEST FOR ADDITIONAL EXTENSION OF 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 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 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, Glen Droegemueller, on behalf of said applicant, has requested an additional
extension 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, 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 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, 2011.
('(); &47/°L 4 72
2009-2649
PL1823
/74047
EXTEND SUBMITTAL OF PUD FINAL PLAT - EAGLE VIEW FARMS, 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 October, A.D., 2009.
ATTEST:
Weld County Clerk to the B
Depu Cle o the Board
ADD
a ra Kirkmeyer
•
outy Attorney
BOARD OF COUNTY COMMISSIONERS
WELD O ' A Y, COLORADO
Iliani F. Garcia, Chair
C -
1
Date of signature: itIN (Cr4
David E. Long
2009-2649
PL1823
MEMORANDUM
CN ., TO: Board of County Comissioners 10/2/2009
VIID€OM: Chris Gathman - Planner II ().
SUBJECT: Request for extension for PUD final plan plat recording and
extension for construction to begin on PUD final plan for Eagle View
Farms PUD (PF-1090)
* The applicant's representative, Glen Droegemueller, in a letter dated September 16, 2009, is
requesting a two-year extension for the recording of the PUD Final Plan and an extension to
begin construction on Eagle View Farms. The extension is requested due to 1) current market
conditions and 2) planned modifications by the Colorado Department of Transportation to a box
culvert and inlet ditch which will require construction and access easements which could require
modifications to the site plan, landscape plans and perimeter infrastructure of the Eagle View
Farms PUD (PF-1090).
The final plat application (case #PF-1090) was approved by the Board of County Commissioners
on October 30, 2006. The applicant requested and was granted a one-year extension for the
same reasons in October of 2007 and in October of 2008. He has indicated that the applicant
intends to submit his PUD final plan plat by October 30, 2011.
* Planning staff is in support of the applicant's request to extend the submittal date for the PUD
final plan application.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
2009-2649
GLEN DROEGEMUELLER
Attorney at Law
qlen@qlendroeqemueller.com
September 16, 2009
Weld County Board of County Commissioners
915 10`h Street
Greeley, CO 80631
Re: Eagle View Farms PUD
Dear Members of the Board of Commissioners:
The provisions of Sections 27-8.60 and 27-8-70 of the Planned Unit Development Code appear
to require a final plan plat for a PUD to be recorded within one (1) year of the date of the
approval of the PUD final plan, and for construction to begin within one (1) year of the date of
the approval of the PUD final plan. If the recording and construction have not started within the
one (1) year time frame, it is our understanding you have the right to request the landowner to
appear before you and present evidence substantiating the PUD has not been abandoned. The
Eagle View Farms PUD was approved on October 30, 2006. The landowner appeared before the
Board in October of 2007, and October of 2008, and was granted a one (1) year extension for
recording of the Plat and initiating construction of infrastructure for two (2) consecutive years.
It is still the landowner's belief the PUD is viable and the landowner does not intend to abandon
the PUD.
The purpose of this letter is to request on behalf of Eagle View Farms, LLC, a third extension of
two (2) years for both the recording of the final PUD plat and commencement of construction of
the improvements for Eagle View Farms PUD, for the reasons summarized below.
Economic conditions in the Northern Colorado residential market have not sufficiently improved
over the past twelve (12) months to prudently proceed with development of the project at this
time. The deepened recession has slowed the pace of residential building and has made it more
difficult for existing homeowners to find buyers who can qualify for financing allowing for the
sale of their current home, as well as reduce the availability of residential financing for someone
who wants to purchase or build a new home. Those factors would limit lot absorption thereby
making infrastructure and other development costs questionable to incur and/or finance.
A second factor which has occurred over the last twelve (12) months is a decision by the
Department of Transportation of the State of Colorado to substantially modify the box culvert
and inlet ditch under State Highway 392 which is located on the northern boundary of the Eagle
View Farms PUD project. The State of Colorado Department of Transportation informed the
landowner in a meeting on September 14, 2009, that engineering studies and preliminary
1035 37th Avenue Court, Greeley, Colorado 80634
Telephone: (970) 304-0362 Fax: (970) 353-4040
Page 2
October 1, 2009
construction plans have been finalized for the project and that CDOT is reasonably certain that
modification of the box culvert and inlet ditch under Highway 392 will be funded within the next
year. If funded, the estimated five (5) month construction process will begin in November of
2010. The landowner and the Ogilvy Irrigating and Land Company continue to be involved in
joint analyses and planning with the Colorado State Department of Transportation regarding how
the construction of the new box culvert will modify the current drainage into Seeley Lake. The
construction of the inlet ditch improvement will require construction and permanent access and
legal easements which will likely necessitate modifications to the site plan, landscaping plans,
and certain perimeter infrastructure for eagle View Farms PUD. The landowner deems it
necessary and prudent to delay recording of the PUD final plan and commencement of
construction until CDOT's plans have been finalized and its construction completed, due to the
uncertainty of CDOT's access and easement requirements and the physical disturbances from the
CDOT project that would otherwise impact Eagle View Farms homeowners.
The requested extension will allow the landowner time for an improvement in market conditions
to occur and for further work with the State of Colorado Department of Transportation as well as
Ogilvy Irrigating and Land Company. It is the landowner's goal to develop Eagle View Farms
PUD in a financially prudent manner that also maximizes its compatibility with the interests of
Ogilvy, the Colorado State Department of Transportation, and Eagle View Farm's future
residents.
Accordingly, the landowner is requesting the Board enter a finding that Eagle View Farms PUD
has not been abandoned and it is appropriate to extend the requirement for recording a final PUD
plat and commencing the construction of the PUD for an additional two (2) year period which
will end on October 30, 2011.
Sincerely yours,
Glen Droegem
Attorney at Law
GD:Ic
1035 37th Avenue Court, Greeley, Colorado 80634
Telephone: (970) 304-0362 Fax: (970) 353-4040
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