HomeMy WebLinkAbout20191961.tiffRESOLUTION
RE: ACTION OF BOARD 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 by Resolution #2009-2807, dated October 26, 2009, the Board granted a
second twelve-month extension of time for filing the PUD Final Plan until October 19, 2010; and
by Resolution #2010-2341, dated October 4, 2010, the Board granted a third twelve-month
extension of time for filing the PUD Final Plan until October 19, 2011; and by Resolution
#2011-3144, dated December 12, 2011, the Board granted a fourth twelve-month extension of
time for filing the PUD Final Plan until December 12, 2012; and by Resolution #2014-3780, dated
December 8, 2014, the Board granted a fifth twelve-month extension of time for filing the PUD
Final Plan until December 8, 2015, and by Resolution #2015-3985, dated December 21, 2015,
the Board granted a sixth twelve-month extension of time for filing the PUD Final Plan until
December 8, 2016, and by Resolution #2017-0735, dated March 13, 2017, the Board granted a
seventh twelve-month extension of time for filing the PUD Final Plan until December 8, 2017, and
by Resolution #2018-2505, dated August 6, 2018, the Board granted an eighth one-year
extension of time for filing the PUD Final Plan until June 3, 2019, and
WHEREAS, pursuant to Section 27-8-50 of the Weld County Code, the current owner of
the property, Mead Crossings, LLC, do Fred Kelley, 1200 17th Street, Suite 850, Denver,
Colorado 80202, submitted a letter dated April 30, 2019, requesting the Board consider an
additional six (6) month extension of time for filing the PUD Final Plan for the Adler Estates PUD,
and
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2019-1961
PL1792
RE: DENY EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN (ADLER ESTATES PUD,
PZ #1071) - MEAD CROSSINGS, LLC
PAGE 2
WHEREAS, on May 22, 2019, 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, deemed it advisable to deny the request for a six (6) month extension, due to the
amount of time which has passed since the initial approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request for an extension of 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, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WF D COUNTY, CC)'LORADO
ATTEST: � .) j1104;e4
Weld County Clerk to the Board
BY: '�
Deputy Clerk ; the Board ` �'' ' 4 �� - V (NAY)
nway
arbara Kirkmeyd r, Chair
(AYE)
(AYE)
Mike Freeman, Pro-Tem
APP ED A����'��M: �r '•i�� ! (AYE)
James
unt ttorney (AYE)
Steve Moreno
Date of signature: Lo/Ili 1c
2019-1961
PL1792
MEMORANDUM
TO: Board of County Commissioners
DATE: August 6, 2018
FROM: Kim Ogle, Planning Serviced
SUBJECT: Adler Estates PUD, (PZ-1071), Mead Crossings, LLC
PZ-1071, Change of Zone for Adler Estates PUD was approved by the Board of County Commissioners
on October 19, 2005. Fred Kelly, Manager, 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
citing that development will be unavoidably delayed.
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)
Case History:
October 19, 2005
April 6, 2006
September 29, 2008
October 26, 2009
Change of Zone Approved fora PUD for 833 Single Family Residential Lots,
along with an Elementary school site, 70.08 acres of open space and continued
oil and gas production - Melody Homes, Inc. dba DR Horton [Adler Estates PUD]
Special Warranty Deed between Floyd and Marian D. Adler and Mead Crossings,
LLC for three tracts of land described as Part of the SW4 and Part of the SE4 of
Section 33, and part of the SW4 of Section 34, all in Township 3 North, Range68
West of the 6th P.M., Weld County, Colorado
Fred R. Kelly, Jr., Partner, Mead Crossings, LLC, 1200 17th Street, Suite 850,
Denver, Colorado 80202 requested a one (1) year extension for the submittal of
the Final Plan application, Adler Estates PUD (PZ-1071) citing the currentmarket
conditions.
Fred R. Kelly, Jr., Partner, Mead Crossings, LLC, 1200 17th Street, Suite 850,
Denver, Colorado 80202 requested a one (1) year extension for the submittal of
the Final Plan application, Adler Estates PUD (PZ-1071) citing the current less -
than -favorable economic and market conditions.
SERVICE. TEAMWORK, INTEGRITY, QUALITY
2019-1961
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October 4, 2010 Fred R. Kelly, Jr., Partner, Mead Crossings, LLC, 1200 17A Street Suite 850,
Denver, Colorado 80202 requested a one (1) year extension for the submittal of
the Final Plan application, Adler Estates PUD (PZ-1071) citing the current market
conditions.
December 12, 2011 Fred R. Kelly, Jr., Partner, Mead Crossings, LLC, 1200 17A Street, Suite 850,
Denver, Colorado 80202 requested a one (1) year extension for the submittal of
the Final Plan application, Adler Estates PUD (PZ-1071) citing the current market
conditions.
December 17, 2014 Fred R. Kelly, Jr., Partner,.Mead Crossings, LLC, 1200 17th Street, Suite 850,
Denver, Colorado 80202 requested a three (3) year extension forthe submittal of
the Final Plan application, Adler Estates PUD (PZ-1071) citing the current market
conditions do not make it possible for lots to be sold at present and therefore
development will be unavoidably delayed.
The Board of County Commissioners granted a one (1) year extension until
December 8, 2015 with quarterly updates provided to the Department of Planning
services and various benchmarks achieved.
March 31, 2015
First Quarterly update letter - written record of progress to date
Priority 1. Assemble team to advise on the technical project issues
Priority 2. Commence work on project financing
Priority 3. Engage services of an investment banker
Had discussions with developers and builders in the vicinity of Mead to
determine viability of the existing land plan in today's market. Attended
two public meetings held with at the Town of Mead, on February 4 and
March 16, 2015 to discuss plans and topics of mutual interest.
July 10, 2015
Second Quarterly update letter - written record of progress to date
Priority 1. Assemble team to advise on the technical project issues,
discussions with Ken Puncerelli and Josh Rowland, Land Architects
Priority 2. Commence work on project financing, discussions with the law
firm of Fairfield and Wood
Priority 3. Engage services of an investment banker, selection of D.A.
Davidson
Had further discussions with developers and builders in the vicinity of
Mead to determine viability of the existing land plan in today's market.
Met with Ms. Dawn Adams, Town of Mead Development Directorwho
has provided assistance on the towns development plans.
With assistance of Fairfield and Wood, had preliminary discussions with
the oil and gas producer and the development of a surface use
agreement.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
October 10, 2015
Third Quarterly update letter - written record of progress to date
From preliminary discussion had in the 2nd Quarter, received a new proposal
outlining a new configuration for the surface use agreement. Goal is to have
signed document by end of 2015 after review by Fairfield and Wood.
In the last three months considerable time was devoted to update
development costs, review of special district service plans and the means to
provide financing for the expensive infrastructure. Some additional time may
be required to determine a suitable financial vehicle.
December 8, 2015
March 6, 2017
Fred R. Kelly, Jr., Partner, Mead Crossings, LLC, 1200 17th Street, Suite 850,
Denver, Colorado 80202 is requesting a three (3) year extension for the submittal
of the Final Plan application, Adler Estates PUD (PZ-1071) citing the current
market conditions do not make it possible for lots to be sold at present and
therefore development will be unavoidably delayed.
The Board took action on his request and granted him a one year extension for
the submittal of the Final Plan application, Adler Estates PUD (PZ-1071) until
December 8, 2016 with quarterly updates provided to the Department of Planning
Services.
April 2, 2016
First Quarter update letter - written record of progress to date
With assistance of Fairfield and Wood, have had ongoing discussions with
the oil and gas producer and the development of a surface use agreement.
Continuing to monitor Ballot Questions# 75 and #78
July 2, 2016
Second First Quarter update letter - written record of progress to date
Ongoing discussion with oil and gas producer and the development of a
surface use agreement. Evaluating number of housing units within
development to address some of the infrastructure costs.
October 12, 2016
Third Quarter update letter - written record of progress to date
Discussions with the Town of Mead, Longs Peak Water and area developers
for participation in a water line extension. The Town of Mead is running point
pulling parties together to address this issue. Anadarko the oil and gas.
producer has changed their long term area plans and therefore the tentative
SUA will be required to be reworked.
February 28, 2017
First Quarter update letter - written record of progress to date
Meeting of January 16, 2017 with the interim manager of the Town of Mead.
Discussion on the status of potable water for area residential development
and fire suppression. The Town indicated they had secured funding to bring
a 6 -inch line to the intersection of Hwy 66 and County Road 7. Good news,
as there is a potential for tie in at this point and bring water south into the
Adler Estates PUD development. Details of an agreement between the Town
and Adler Estates remain to be worked out.
Fred R. Kelly, Jr., Partner, Mead Crossings, LLC, 1200 17th Street, Suite 850,
Denver, Colorado 80202 in a letter dated October 12, 2016 is requesting a one
(1) year extension for the submittal of the Final Plan application, Adler Estates
SERVICE, TEAMWORK, INTEGRITY, QUALITY
PUD (PZ-1071) stating that the improvement in the Mead market conditions are
now favorable for development.
The Board took action on his request and granted him a one year extension for
the submittal of the Final Plan application, Adler Estates PUD (PZ-1071) until
December 8, 2017 with quarterly updates provided to the Department of Planning
Services.
April 10, 2018
July 30, 2018
August 6, 2018
May 3, 2019
Fred R. Kelly, Jr. Partner, Mead Crossings, LLC, 1200 17th Street, Suite 850,
Denver, Colorado 80202 in a facsimile letter dated March 1, 2018 and received
March 6, 2018 is requesting a one (1) year extension for the submittal of the Final
Plan application, Adler Estates
Planning staff did not receive quarterly updates on the status of the application
during the 2017 calendar year.
This is the eighth (8) request for an extension of time for the submittal of a PUD
Final Plan application from Mr. Fred R. Kelly, Jr., Partner, Mead Crossings, LLC,
1200 171 Street, Suite 850, Denver, Colorado 80202
Planning staff received by facsimile correspondence from Mr. Fred R. Kelly, Jr.,
Partner, Mead Crossings, LLC, 1200 171 Street, Suite 850, Denver, Colorado
80202 concerning availability of potable water for the Adler Estates development.
Also attached to this facsimile are documents associated with the financial viability
of Mead Crossings LLC
The Board took action on his request and granted him a one year extension for
the submittal of the Final Plan application, Adler Estates PUD (PZ-1071) until
June 3, 2019
Planning staff received by facsimile, correspondence from Mr. Fred R. Kelly, Jr.,
Partner, Mead Crossings, LLC, 1200 171 Street, Suite 850, Denver, Colorado
80202 concerning ongoing efforts to negotiate a purchase of the Adler Estates
PUD development. Due to the ongoing discussions, Mr. Kelly is requesting a
short 6 -month extension in order to achieve resolution and determine the most
expeditious future course for all parties.
Mr. Kelly is hopeful that he is able to continue to work with Weld County to see the project through [with the
submittal of a PUD Final Plan application] as stated in his letter to Kim Ogle dated May 3, 2019
SERVICE. TEAMWORK, INTEGRITY, QUALITY
** INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY **
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May 03 2019 03:32PM HP Fax 3035726995
Sent via fax (970)304-6498
April 30, 2019
Mr. Kim Ogle
Senior Planner
Weld County Planning Department
1555 N. 17th Avenue
Greeley, Co 80631
Dear Mr. Ogle:
page 1
I am in discussions with a potential purchaser of Adler Estates. This h4 been the entire focus of my
efforts since my last communication and there has been little else to report.
In as much as I am bound by confidentiality in this matter I do not believe that I will be permitted to
share all the details of the transaction with the commissioners in a publlic setting as I have previously. I
am willing to discuss it confidentially with you in private. If the purchasler elects to move forward then it
will dramatically change the development plan. If the transaction doe not consummate then I will be
proceeding to final plat as we have previously discussed. I realize that the timing of this is very
inconvenient for everyone because my existing approval is up for reneial in the very near future but
these occurrences are inevitable given the close proximity of deadlines
The impact of the outcome here has a substantial potential financial irjnpact on the County as I have
outlined in previous correspondence, It therefore deserves very carefu consideration. For me, selling
out is not as lucrative as staying the course but the decision rests in pat on whether I can expect broad
support from the Commissioners or difficulty going forward, I request la short 6 month extension in
order to achieve resolution and determine the most expeditious future course for all parties without
causing anyone to incur unnecessary costs. This delay will be necessary in any case in order to conduct
the election referred to in my February 28, 2019 letter. If you have any thoughts on this subject I would
welcome them and I hope my candor does not count against me. Thank you.
Sincerely,
Fred R. Kelly, Jr.
Partner
Mead Crossings
1200 17t) Street, Suite 850
Denver, Co 80202
(303) 572-6990
** INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY °ci'
TIME RECEIVED
May 14, 2019 at 3:41:49 PM MDT
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3035726995
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May 14 2019 03:55PM HP Fax 3035726995
Sent via fax (970)304-6498
February 28, 2019
Mr. Kim Ogle
Senior Planner
Weld County Planning Department
1555 N, 17t" Avenue
Greeley, Co 80631
Dear Mr. Ogle:
page 1
In order to comply with quarterly reporting requirements I provide the following information. Work is
continuing on the planning and financing of Adler Estates.
I did find out after the November hearing that elections of the type I geed to conduct in order to
approve a Metropolitan District for Adler Estates can only be legally conducted in November at the
general election not in May at a special election as I had planned. So I Will be repeatedly coming back to
the County for that reason and others. This technicality means that it lviJl not be physically possible for
all the approvals to be complete when this comes up for review in Mar.
Sincerely,
Fred R. Kelly, Jr.
Partner
Mead Crossings
1200 17t" Street, Suite 850
Denver, Co 80202
(303) 572-6990
Hello