HomeMy WebLinkAbout20073229.tiff RESOLUTION
RE: GRANT REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC
DEVELOPMENT PLAN AND 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, Glen Droegemueller, Attorney at Law, 1035 37th Avenue Court, Greeley,
Colorado 80634, on behalf of said applicant, has requested 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, with said Final Plat to be submitted by October 30, 2008, 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, 2008.
2007-3229
00 % PL 1PLO1 I+-1, M R-ALP PL1823
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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 15th day of October, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
' L WE COUNTY, COLORADO
ATTEST: '„, ‘,/n �,; 1. U� �'
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David E. Long, Chair
Weld County Clerk to t ABA ` .i'`
es.
BY:
William e ro-Tem j/ (L
Dep Cler the Board I ( G C
Wil • m . Garcia
RO D AS '= . k
Robert D. Masden
ounty Attorney
Douglas Rademache
Date of signature: 45/07
2007-3229
PL1823
MEMORANDUM
TO: Board of County o Comissioners
� 10/10/2007
COLORADO FROM: Chris Gathman Planner II E ,
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, 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, 2) to explore the possibility of
redesigning the PUD due to acquisition of additional land adjacent to the property and 3) 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. The final plat application (case #PF-1090)was approved by the Board of County
Commissioners on October 30, 2006. He has indicated that the applicant intends to submit his
PUD final plan plat by October 30, 2008.
* Planning staff is in support of the applicant's request to extend the submittal date for the PUD
final plan application.
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SERVICE.TEAMWORK.INTEGRITY,QUALITY
2007-3229
GLEN DROEGEMUELLER
Attorney at Law
gien@glendroegemueller.com
October 3, 2007
Weld County Board of County Commissioners
915 10`h Street
Greeley, CO 80631
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
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 does not intend to
abandon the PUD, but is not at this time ready to record a PUD final plat within the one (1) year
requirement or commence construction on the PUD within the one (1) year requirement
thereafter.
The purpose of this letter is to proactively request on behalf of Eagle View Farms, LLC, an
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.
In the past several months, economic conditions in the northern Colorado residential market have
significantly changed thereby affecting the originally projected absorption rate for the 24 lots in
the Eagle View Farms PUD. The landowner anticipates market conditions will sufficiently
improve within a year thereby making the risk and return on the substantial infrastructure
investment warranted for this project more feasible as market imbalances are alleviated and the
current residential mortgage volatility abates.
Other factors which support extending the date for recording of the PUD plat and
commencement of construction include the fact the landowner recently acquired a seven acre
parcel on the southwest corner of Highway 392 and Weld County Road 35 and immediately to
the North of Eagle View Farms. The landowner made this acquisition for the purpose of cleaning
up and redeveloping this property and utilizing it to provide various amenities and support
services to Eagle View Farms residents. Additional time is required to fully analyze, plan and
design the redevelopment of this property and how it will integrate with the Eagle View Farms
neighborhood and whether a modification to the existing approved plat and plan for Eagle View
Farms PUD will be necessary.
1035 37th Avenue Court,Greeley,Colorado 80634
Telephone: (970)304-0362 Fax: (970)353-4040
Page 2
October 3, 2007
In addition, the landowner continues to cooperate with Ogilvy Irrigating and Land Co.
concerning its ongoing analysis of possible improvements to the Ogilvy Inlet Ditch and Seeley
Lake. Those discussions include the possibility of modifying the approved stormwater detention
structure for Eagle View Farms PUD to combine it with an erosion and sedimentation control
structures improving and benefiting the long term maintenance and operation of the Ogilvy Inlet
Ditch and Seeley Lake. Eagle View Farms is committed to working with Ogilvy in the ongoing
engineering study of its needs and to a possible shared infrastructure capability that would be in
the mutual long term interests of both parties. Should a joint project be deemed financially and
functionally feasible, the landowner anticipates a modification to the approved PUD plat may be
necessary. In such event and, perhaps most importantly, the landowner does not want to start
construction of the PUD as it has been originally planned 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
and to continue working with his 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. Consequently, 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 a period of one (1) year which will end on October
30, 2008.
Sincerely yours,
Glen Droegueller
1035 37th Avenue Court,Greeley,Colorado 80634
Telephone: (970)304-0362 Fax: (970)353-4040
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