HomeMy WebLinkAbout20081347.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1043, FOR SEVEN (7) LOTS WITH
E (ESTATE) ZONE USES AND ONE (1) LOT WITH A (AGRICULTURAL) ZONE USES,
LAWLEY ESTATES - SHERRY LAWLEY
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, the Board of County Commissioners held a public hearing on the 21st day of
May, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the
application of Sherry Lawley, 26658 County Road 74, Eaton, Colorado 80615, for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF #1043, for seven (7) lots with
E (Estate) Zone uses and one (1) lot with A (Agricultural) Zone uses - Lawley Estates, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #3581; being part of
the SE1/4 of Section 4, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, Sherry Lawley submitted a written request to withdraw said application,
attached hereto as Exhibit A, and incorporated herein by reference, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and, having been fully informed, finds that
this request shall be accepted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Sherry Lawley to withdraw the application for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF #1043, for seven (7) lots with
E (Estate) Zone uses and one (1) lot with A (Agricultural) Zone uses - Lawley Estates, be, and
hereby is, accepted.
2008-1347
PL1765
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WITHDRAW PUD FINAL PLAN #1043 - SHERRY LAWLEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
' C WELD COUNTY, COLORADO
ATTEST: ,j EXCUSED
W' liam H. Jerke, Chair
Weld County Clerk to t
4,•k. ck
' Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to the Boa
William' Garcia
APPRO/,S A *1J r
David E. Long I
torney
�� ougl Rademach r
Date of signature: 6/cr
2008-1347
PL1765
Memorandum
TO: Board of County Commissioners
lDATE: May 21, 2008
C FROM: Brad Mueller
COLORADO Department of Planning Services
RE: WITHDRAWL REQUEST: Lawley Estate PUD
CC: Planning File No. PF-1043; Public Works
The owner of the Lawley Estates PUD subdivision, Sherry Lawley, is requesting to WITHDRAW the
application for the Final Plat (File No. PF-1043). See the attached letter dated May 13, 2008.
The owner is also requesting that the Lawley Estates PUD zoning be revoked,and the land reverted
to the Agricultural("A")Zoning. The Board of County Commissioners may take this action under the
provisions of Section 27-8-50 of the Weld County Code. Zoning for the Lawley PUD was approved
on March 23, 2005.
The owner is citing the cost of improvements and potential obligations to the neighboring ditch
company as reasons, as well as renewed interest in minimizing the number of potential residences
in the neighborhood. Ms. Lawley plans to pursue an RE on the lot.
Staff recommends approval of this request, since it represents the landowners'desire, and because
such action is contemplated by Section 27-8-50 of the Code.
Section 27-8-50 of the Code is reproduced below for your convenience.
Sec. 27-8-50. Failure to submit a PUD 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 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)
1
May 13, 2008
Department of Planning Services
Brad Mueller
918 10th Street
Greeley, Colorado 80631
RE: Lawley Estates
Dear Brad,
At this time I have elected not to proceed forward with this project. Would you please
make arrangements to vacate the upcoming hearing with the Board of County
Commissioners? In addition, I would like to thank-you for your time in attempting to
move this project forward. It was a pleasure working with you and the rest of the
planning staff.
Respectfully,
Sherry Lawley
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