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Home My WebLink About20082825.tiff RESOLUTION RE: GRANT REQUEST FOR 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, 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, 2009, 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, 2009. 2008-2825 PL1823 //n Ft, 4 Cr , m2A't 7/- oS -c)( ' 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 22nd day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS \I 1 WELD COUNTY, COLORADO ATTEST: LA/ "' Ig William H. Jerke, Chair Weld County Clerk to t •rd Q, EXCUSED �1;'r ` / Robert D. seem BY: Deputy Clerk o the Board William Garcia APP AS TO F A O4 David E. Long ty ey a�q�ca�� Dougla's Rademac• -r Date of signature: 29,N 2008-2825 PL1823 MEMORANDUM TO: Board of County Comissioners 10/15/2008 COLORADO FROM: Chris Gathman - Planner II 6, 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 applicants' representative, Glen Droegemueller, in a letter dated October 2, 2008, is requesting an 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) to allow a determination to be made re: the possibility of sharing drainage infrastructure with the Ogilvy Ditch which would potentially modify the stormwater detention structure for Eagle View Farms PUD which may require some modifications to the Eagle View Farms final plat. The applicant does not want to start construction until a final engineering and feasibility determination has been made regarding the Olgivy Ditch company's needs. 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. He has indicated that the applicant intends to submit his PUD final plan plat by October 30, 2009. * Planning staff is in support of the applicant's request to extend the submittal date for the PUD final plan application. ,c "TJ :r_ fl n SERVICE.TEAMWORK,INTEGRITY,QUALITY 2008-2825 GLEN DROEGEMUELLER Weld County Planning Department Attorney at Law GREELEY OFFICE OCT 07 POOH glen©glendroegemueller.com Hand Delivered October 2, 2008 RECEIVED 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 Codetappear 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 was granted a one (1) year extension for recording of the Plat and initiating construction of infrastructure. The landowner still does not intend to abandon the PUD. The purpose of this letter is to request on behalf of Eagle View Farms, LLC, a second extension of one (1) year 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 improved over the past twelve (12) months. Several national lenders have identified the region as a "distressed" area for purposes of making home loans. The impact of such a designation has adversely affected the real estate market for existing construction and detrimentally affected the viability of initiating new lot construction at this time. The landowner has determined that it would be imprudent to undertake infrastructure construction under current real estate market conditions. Moreover, current national economic circumstances have added to the volatility which diminishes the likelihood lot absorption in a new project can be predicted with sufficient certainty. A second factor which supports extending the date for the recording PUD plat and commencement of infrastructure construction is an ongoing discussion with Ogilvy Irrigating and Land Co. concerning possible improvements of the Ogilvy Inlet Ditch and Seeley Lake. 1035 37th Avenue Court,Greeley,Colorado 80634 Pc i 3 023 Telephone: (970)304-0362 Fax: (970)353-4040 Page 2 October 2, 2008 Ogilvy Irrigating and Land Co. is continuing its discussion with Eagle View Farms, LLC, about a cooperative effort that could include modifying the approved storm water detention structure for Eagle View Farms PUD to accommodate an erosion and sedimentation control structure for Seeley Lake to be developed by the irrigation company. Eagle View Farms is committed to working with Ogilvy including in its ongoing engineering study of a possible shared infrastructure capability that would be in the mutual long term interests of both parties and the enhancement and preservation of Seeley Lake as both an irrigation reservoir and recreational resource. Should a joint project be deemed feasible Eagle View Farms, LLC, anticipates some modifications to the approved PUD plat may be necessary. Eagle View Farms, LLC, does not want to start construction of the PUD as it has been planned, engineered and approved until a final engineering and financial feasibility determination has been made concerning Ogilvy's needs. The requested extension will allow the landowner time for an improvement in market conditions to occur and to continue working with its neighbor, Ogilvy Irrigating and Land Company, to insure the Eagle View Farms PUD is developed in a financially prudent manner that also maximizes its compatibility with the interests of Ogilvy and other surrounding land uses. Accordingly, the landowner is respectfully 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 one (1) year period which will end on October 30, 2009. Sincerely yours, Glen Droegemueller Attorney at Law GD:lc pc: Brad Keirnes Chris Gathman 1035 37th Avenue Court,Greeley,Colorado 80634 Telephone: (970)304-0362 Fax: (970)353-4040 Hello