HomeMy WebLinkAbout20092518.tiff043
RESOLUTION
RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT #1120 -
CAPFINANCIAL PROPERTIES, CV2, 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 dated September 11, 1996, the Board did approve the request
of Don and Linda Owens, 9797 Coalton Drive, Louisville, Colorado 80027, for Use by Special
Review Permit #1120, for an agricultural service establishment (equestrian center and ranch) in
the A (Agricultural) Zone District, on the following described real estate, to -wit:
Parts of the SE/14 of Section 9, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from current property owner CapFinancial
Properties, CV2, LLC, do Roger Ahrenholz, 508 3rd Street, Prinzburg, Minnesota, 65281-0038,
to vacate a portion of said Use by Special Review Permit #1120, to now only include the lands
identified as Lot A of Recorded Exemption #4952, 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 the Department
of Planning Services staff and all of the exhibits and evidence presented in this matter and, having
been fully informed, deems it advisable to approve said partial vacation, conditional upon the
following:
1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall
submit a revised Partial Vacation Use by Special Review Plat, conforming to
Section 23-2-260.D of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit #1120 be, and hereby is, partially vacated,
with the abovementioned condition.
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3657043 11/02/2009 02:31P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
C : fit. %oe-ei
2009-2518
PL1039
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PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT (USR-1120) - CAPFINANCIAL
PROPERTIES, CV2, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of September, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COU -Y, COLORADO
liam F. Garcia, Chair
ATTEST:
Weld County Clerk to the B
BY:
Deputy Cler " o the Board
Date of signature: 4.
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3657043 11/02/2009 02:31P Weld County, CO
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
2009-2518
PL1039
MEMORANDUM
PIS
TO:
DATE:
FROM:
SUBJECT:
Board of County Commissioners
September 21, 2009
Kim Ogle, Planning Services
Request to partially vacate USR-1120
CapFinancial Properties, CV2, LLC
The Department of Planning Services received a written request from the current property owner
to partially vacate USR-1120 as the property described as Lot B of Amended Recorded
Exemption No. 1311-09-4 AmRE-1921 recorded May 26, 2005 at reception number 3289478
being part of the SE4 of Section 9, Township 2 North, Range 67 West of the 6th P.M., Weld
County has been foreclosed according to the NED for Sale by Public Trustee No. 08-1524.
The current owner, Roger Ahrenholz, Vice Presidnet of CapFinancial Properties, CV2, LLC
seeks to vacate Lot B of RE -4952 as the property owner has no desire to encumber the entire
property.
Given the change in ownership, and as requested in the Roger Ahrenholz letter of June 24,
2009, the Department of Planning Services requests on behalf of the new property owner a
partial vacation of USR-1120 to only include lands identified as Lot A of RE -4952.
The Department of Planning Services seeks Board of County Commissioner support in this
request.
2009-2518
June 24, 2009
Weld County Planning and Zoning
Department of Planning Services
Kim Ogle, Planning Manager
North Weld Building
918 Tenth Street
Greeley, CO 80631
Re: Gloraloma Estates P.U.D. - Change of Zone PZ-52 1
Lot B of Amended Recorded Exemption No. 1311-9-4-AMRE-1921, recorded May 26, 2005 at
Reception Number 3289478, being a part of the SE1/4 of Section 9, Township 2 North, Range
67 West of the 6th P.M., County of Weld, State of Colorado.
Address: 8585 WCR 22, Fort Lupton, CO 80621-8720
Dear Mr. Kim Ogle,
CapFinancial Properties, CV2, LLC, is fully vested in fee title to the above property by
Confirmation Deed recorded April 10, 2009 at Reception No. 3615922 in the records of the
Weld County Clerk and Recorder. The above property has been foreclosed according to the NED
for Sale by Public Trustee No. 08-1524 as Lot B of Recorded Exemption No. 1311 -9 -4 -RE -
1921, recorded October 3, 1996 in Book 1570 as Reception No. 2513889, being a part of the
SE1/4 of Section 9, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
The Board of county Commissioners (BOCC) approved the Gloraloma Estates P.U.D. - Change
of Zone (COZ) PZ-521 on August 25, 2004 and the Final COZ Plat was recorded June 16, 2005
in the records of the Weld County Clerk and Recorder at Reception No. 3294694. The COZ 521
is from the Agricultural Zone District to the PUD (Planned Unit Development) Zone District for
19 Lots with E (Estate) Zone uses and open space. The 19 Lots and open space comprise 67.595
acres (+ - ). The 19 Lots and open space are in addition to Tract "A" .
Tract "A" includes 36.844 acres( + - ) and is allocated in the Final COZ Plat as "36 acres of
open space and equestrian uses." The existing use of Tract "A" is further defined under a) the
existing USRO — 1120; and, b) the Town of Firestone Annexation Agreement signed by the
previous owners October 27, 2003 and recorded in the records of the Weld County Clerk and
Recorder at Reception No. 3127508.
A condition of approval for filing the COZ Plat was it could be revoked by the BOCC if the
Final Plat was not filed within two years from date of recording the COZ Plat.
THE WELD COUNTY CODE, SECTION 27-8-50 "FAILURE TO SUBMIT A PUD
FINAL PLAN" 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
1
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. (Weld County Code Ordinance 2002-9; Weld County Code
Ordinance 2003-10)
The prior land owner obviously can not implement the PUD final plan and this owner believes
that the conditions which supported the original approval have substantially changed; and,
subsequent changes in zoning have also impacted the residential development. Therefore, this
letter is a formal request to the Board of County Commissioners to vacate and abandon this
residential tract of land from the COZ use.
A Subdivision Exemption (SE1041) was granted to Stalcup to revise his property line under an
Amended Recorded Exemption (AMRE)-1921 The AMRE-1921 plat was recorded May 26,
2005 at Reception Number 3289478. A Corrected SE -1041 and Corrected AMRE-1921 are
being submitted herewith to further resolve the property line alignment to the existing fence
around the Stalcup property.
A Recorded Exemption Application for a two lot subdivision of Lot B of AMRE-1921 is now
being submitted to create a new 34.99 acre Lot A for the continued Equestrian use of the
property on the westerly portion of the tract. A new Lot B will be 68.62 acres on the easterly side
of the tract. Approval of the two -lot RE Application creating Lots A and B is to facilitate the sale
of both Lots. The anticipated use of Lot B in the immediate future will be for agricultural
purposes.
This letter is also a formal request to abandon and vacate the USRO-1120 only as it pertains to
Lot B, subject to the approval of this submitted RE Exemption Application. The continuance of
the USRO shall apply only to Lot A of the new approved RE Exemption.
If any additional information is needed, please contact Joe Ulferts at 1-320-978-6351.
Sincerely,
CapFinancial Properties, CV2, LLC
By:
Roger,`Ahrenholz
Vice Pjesident
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Post Sale List
2/25/2009 11:40:32AM
Foreclosure Sale List for Sale Date: February 25, 2009
Weld County Public Trustee makes no representation or warranties about the accuracy or adequacy of these reports. You
should conduct your own due diligence.
Certificate of Purchase to: CAP FINANCIAL CV2, LLC
Purchaser Address: 508 3rd Street, Prinzburg, MN, 65281-0038
Bid Amount: $1,591,305.00
Deficiency Amount: $114,443.52
Overbid Amount: $0.00
Foreclosure #: 08-1693
Property Address: 216 Stagecoach Lane, Brighton, CO, 80603
Certificate of Purchase to
Purchaser Address:
JP Morgan Chase Bank, National Association as Trustee of Structured Asset
Mortgage Investments II Inc., Bear Steams Alt -A Trust, Mortgage
Pass -Through Certificates Series 2005-10
2780 lake Vista Drive, Lewisville, TX, 75067-3844
Bid Amount: $173,933.37
Deficiency Amount: $0.00
Overbid Amount: $0.00
Foreclosure #: 08-1834
Property Address: 281 30th Avenue, Greeley, CO, 80634
Certificate of Purchase to: Chase Home Finance LLC
Purchaser Address: 3415 Vision Drive, Columbus, OH, 43219
Bid Amount: $114,137.72
Deficiency Amount: $0.00
Overbid Amount: $0.00
Foreclosure #: 08-1989
Property Address: 37171 Soaring Eagle Circle, Windsor, CO, 80550
Certificate of Purchase to: EAGLE HOME MORTGAGE, INC.
Purchaser Address: P.O. Box 70508, Bellevue, WA, 98007
Bid Amount: $673,177.31
Deficiency Amount: $0.00
Overbid Amount: $0.00
Foreclosure #: 08-2039
Property Address: 3820 Yosemite Drive, Greeley, CO, 80634
Certificate of Purchase to: Wells Fargo Bank, N.A.
Purchaser Address: 3476 Stateview Blvd., MAC#7801-014, Fort Mill, SC, 29715
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