HomeMy WebLinkAbout20181427.tiffRESOLUTION
RE: 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
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 March 1, 2018, requesting the Board consider an
additional one-year (1 year) extension of time for filing the PUD Final Plan for the Adler Estates
PUD, and
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2018-1427
PL1792
RE: EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN (ADLER ESTATES PUD,
PZ #1071) - MEAD CROSSINGS, LLC
PAGE 2
WHEREAS, on April 18, 2018, the Board deemed it advisable to continue the matter to
May 2, 2018, to allow Mead Crossings, LLC, c/o Fred Kelley to be present and to have a full
Board.
WHEREAS, on May 2, 2018, 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 grant a three (3) month extension, until August 6, 2018, to
allow Mead Crossings, LLC, adequate time to provide letters from the Longs Peak Water District
stating water service is feasible and available, and from the Developer that they can obtain
financing for the water project.
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 three
(3) months, until August 6, 2018, to allow Mead Crossings, LLC, adequate time to provide letters
from the Longs Peak Water District stating water service is feasible and available, and from the
Developer that they can obtain financing for the water project.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dole%) adto;ok
Weld County Clerk to the Board
ounty • ttorney
Date of signature: OS -4(-18
EXCUSED
Ste Moreno, Chair
ulie A. Cozad
Mike Freeman
2018-1427
PL1792
1 PAGE OF DOCUMENT
INCLUDED IN PAPER FILE.
REMAINDER RETAINED
ELECTRONICALLY IN TYLER.
MEMORANDUM
TO: Board of County Commissioners
DATE: April 10, 2018
FROM: Kim Ogle, Planning ServiceO
SUBJECT: RequestforExtension forsubmittal of Final PlatApplication
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
Change of Zone Approved for a 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]
April 6, 2006 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, Range 68
West of the 6th P.M., Weld County, Colorado
September 29, 2008 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.
October 26, 2009 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, fNTEGRITY, QUALITY
2018-1427
October 4, 2010 Fred R. Kelly, Jr., Partner, Mead Crossings, LLC, 1200 17i 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 athree (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
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 17r Street, Suite 850, Denver, Colorado 80202
SERVICE, TEAMWORK, INTEGRITY, QUALITY
motion carried unanimously. Commissioner Conway moved to re-classify CR 29, north of CR 392 from
arterial to collector. Upon a roll call vote, the motion failed with Commissioners Kirkmeyer, Freeman, and
Cozad being opposed. Commissioner Kirkmeyer moved to approve Code Ordinance #2017-01 on First
Reading as amended. The motion, which was seconded by Commissioner Conway, carried unanimously.
PLANNING:
1) CONSIDER RELEASE OF COLLATERAL FOR NGL WATER SOLUTIONS DJ, LLC, AND
ACCEPT REPLACEMENT WARRANTY COLLATERAL FROM CENTENNIAL WATER PIPELINES,
LLC: Ms. Lundquist requested the release of the NGL collateral in the amount of $2,400.00 and
acceptance of replacement collateral, in the amount of $2,400.00, from Centennial Water Pipelines. The
motion, which was made by Commissioner Kirkmeyer, and seconded by Commissioner Moreno, carried
unanimously.
2) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL
PLAN FOR CHANGE OF ZONE, PZ-1071, FOR ADLER ESTATES PUD - MEAD CROSSINGS, LLC:
Kim Ogle, Department of Planning Services, stated the Final Plan application was not submitted within
the three-year time frame. Mr. Ogle stated that the Board has provided additional time for the applicant
to submit the Final Plan application with a one (1) year extension to end December 8, 2016, while
requiring quarterly updates, which have been submitted regarding the development. The applicant has
requested an addidtional one (1) year extension due to a plan to bring water in through the Town of Mead.
Mr. Ogle stated this is the seventh (7) request for extension of time. Fred Kelly, with Mead Crossings,
LLC, stated a major issue has been getting water to the properties, which originally was to be built by a
company that failed to do so. Mr. Kelly explained that the Town of Mead has plans to build a water line
extension, which will allow for an extension from Mead to serve this property. He noted that January was
when the discussion with Mead began and the construction will start within the next year. Mr. Ogle stated
staff recommends a one-year extension, with the requirement of quarterly updates to continue. Upon a
roll call vote, the motion to approve said extension, with conditions that quarterly reports continue, passed
four to one, with Commissioner Kirkmeyer being opposed.
3) CONSIDER RECORDED EXEMPTION, RECX16-0203 - ROBERT AND SALLY DALTON:
Michael Hall, Department of Planning Services, stated the applicants are proposing a two -lot recorded
exemption on Lot B, which is 20.2 acres in size. He stated staff recommends denial due to the lot being
less than the required thirty-five (35) acres. Robert Dalton, applicant, stated annexation into Frederick is
not an option due to the property being within the Frederick -Boulder Creek Planning Area
Intergovernmental Agreement (IGA) between Boulder County and the Town of Frederick. IUr. Dalton
stated research shows the Commissioners have previously allowed exemptions with less than thirty-five
(35) acres on a lot. He pointed out the easement and access that is granted to Lot B has no restrictions
and agreements are in place for road maintenance, which is maintained by the owners of Lot A, and is
already in use by himself for farm equipment. Commissioner Kirkmeyer stated that the new Lot B must
have a separate access and utility easement use agreement. Mr. Hall addressed Commissioner
Kirkmeyer stating that this does meet the intent of the surrounding neighborhood. Commissioner
Kirkmeyer moved to grant Recorded Exemption RECX16-0203, with the conditions of approved as
presented. Seconded by Commissioner Conway, the motion carried unanimously. Chair Cozad stated it
is important to meet with the Town of Frederick, to attempt to get out of the IGA with Boulder County,
which restricts development in unincorporated Weld County.
R
HSOI _ LIMNS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2017-01 was approved on First Reading, as amended.
Minutes, March 13, 2017
Page 5
2017-0717
BC0016
Y;, ; INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY **
TIME RECEIVED
March 6, 2018 at 1:02:15 PM MST
REMOTE CSID
DURATION PAGES STATUS
35 1 Received
Mar 06 2018 02:04PM HP Fax
page 1
Mar 1, 2018
Sent via fax: 970.304.6498
Mr. Kim Ogle
Senior Planner
Weld County Planning Department
1555 N. 17th Avenue
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. 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
From: Amber Kauffman [mailto:akauffman@LTWD.org]
Sent: Thursday, March 8, 2018 10:17 AM
To: Kim Ogle <kogle@weldgov.com>
Subject: Phone Call
Kim,
Thank you for the call and voicemail. The developer located north of WCR 26 and South of SH 66 west
of 1-25 and east of WCR 5 1/2 is correct, we do have an IGA with the Town of Mead to serve where they
annex. We are working with the Town and Longs Peak Water District to determine if a planning
boundary is appropriate and where that boundary would be. We are currently anticipating generally
half way between WCR 3 and WCR 5 however that is not set in stone at this time. We have talked to a
developer about the same area you mentioned. I believe they understand that we have no waterlines in
that area and a system upgrade would be required. We do currently have a 24 -inch stub underneath l-
25 approximately 1/3 mile south of SH 66 (behind the U -Haul business. We are working with Developers
that annex into Mead to exclude from Longs Peak Water District and be included in LTWD.
I hope that helps! Feel free to call/email with other questions.
I would also like to talk to you at some point about water dedication and development and how the
County would like development to move forward in this regard.
Sincerely,
Amber
Amber Kauffman, P.E., District Engineer
Little Thompson Water District
835 E. State Highway 56, Berthoud, CO 80513
PH: 970-532-2096 I FX: 970-532-3734
akauffman@ltwd.org I www.ltwd.org
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2. _ US, _Qli__
PRV 08 - 2'
EMERGENCY FEED
ELEV 4979 FT
110 PSI IN f 80 PSI OUT
orer
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Mulligan
Reservoir
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Highland Or
LP - LT INTERCONNECT VAULT
4- - ELEV 4976 FT
95 PSI IN / 75 PSI OUT
1/
E 125 Frontage Rd
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4 E;
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N Valley Dr
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Peak Ave
Olrgarchv Ditch
Sanborn
Reservoir
Co Rd 28
SHEET
7
LP - lM EMERGENCY
INTERCONNECT VAULT
_ Elmer Lin
trier-LinnDr
LP - LT INTERCONNECT VAULT
4" • ELEV 4976 FT
95 PSI IN/ 75 PSI OUT
Foster'
Resereorr
F LONGS PEAK WATER DISTRICT
Mr ..................
Hello