HomeMy WebLinkAbout20092807.tiffRESOLUTION
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 SW1/4 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
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 August 28, 2009, 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, 2010.
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, 2010.
2009-2807
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 26th day of October, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY •LORADO
ATTEST:
Weld County Clerk to the Boar
APP
Date of signature. Illlgfbel
unty A orney
illiam F. Garcia, Chair
ougla Radem cher, Pro-Tem
c
Sea p P. Conway
bara Kirkmeyer
(Gmr__=,
David E. Long
2009-2807
PL1792
WIiDc.
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: October 19, 2009
FROM: Kim Ogle, Planning Services1
SUBJECT: Request for Extension for
Submittal of Final Plat Application — Adler Estates PUD
PZ — 1071, Fred Kelly, Partner
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 is
requesting a one-year extension for the submittal of the Final Plat application for Adler Estates, PUD due
to the current less -than -favorable economic and market conditions. This is his second request for
consideration.
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." (Weld
County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10)
The Department of Planning Services is in support of the request and recommends that the Final Plat
submittal deadline be extended one year from today's date.
2009-2807
August 28, 2009
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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1 of 1 R 6.00 D 0.00 Steve Moreno Clerk County, Recorder
Statement of Authority
(Section 38-30-172, C.R.S.)
1. This Statement of Authority Relates to an entity named
MEAD CROSSINGS, LLC
2. The type of entity is a LIMITED LIABILITY COMPANY
3. The entity is formed under the laws of COLORADO
4. The mailing address of the entity is: 1200 17111 STREET SUITE 850
DENVER, CO 80202
5. The name and position of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity is:
FRED KELLY, JR. MANAGER
6. The authority of the foregoing person (s) to bind the entity is limited as follows:
NONE
7. This Statement of Authority is executed on behalf of the entity pursuant to the
provisions of S 38-30-172, C.R.S.
8. This Statement of Authority amends and supersedes in all respects any prior Statement
of Authority executed on behalf of the entity.
Executed this 4TIf day of
Name:
FRED KELLY
STATE OF COLORADO
APRIL ,2006
ss.
COUNTY OF BOULDER
The Foregoing instrument was
acknowledged before me this 4TH day of
APRIL ,2006 ,by FRED KELLY, JR.
Witness my hand and official seal
My commission expires:
Ik4ttt 6 , a Y
NotaryPu
KELI .49!7 RNA FHY
NCTARY PUBLIC
STATE Of COLORADO
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5d 119 44,3
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