HomeMy WebLinkAbout20170735.tiffRESOLUTION
RE: APPROVE REQUEST 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
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 letters dated April 2, 2016, and November 18, 2016, 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
Cc: PL CCrwn/ KO)
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2017-0735
PL1792
RE: EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN (ADLER ESTATES PUD,
PZ #1071) - MEAD CROSSINGS, LLC
PAGE 2
WHEREAS, on March 13, 2017, 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, finds that this request shall be approved for the period of one (1) year, until
December 8, 2017, with quarterly updates provided to the Department of Planning Services and
various benchmarks achieved.
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 one
(1) year, until December 8, 2017, with quarterly updates provided to the Department of Planning
Services and various benchmarks achieved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU ►TY, COLO ' O
ATTEST: dalft4,1) ;(1
Weld County Clerk to the Board
BY:
uty Clerk to the Board
APPROVED AS TO FORM:
P1csf.. County Attorney
Date of signature: 3/ aci / 11
Julie A. ozad, Chair
Steve Moreno, Pro-Tem
can P. Conway
C
e Freeman
arbara Kirkme er
2017-0735
PL1792
MEMORANDUM
TO: Board of County Commissioners
DATE: March 1, 2017
FROM: Kim Ogle, Planning Services'
SUBJECT: Request for Extension for submittal of Final Plat Application
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 three-year extension for the submittal of the Final Plat application for Adler Estates, PUD
citing the current market conditions do not make it possible for lots to be sold at present and therefore
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 61h 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 current market
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, INTEGRITY, QUALITY
2017-0735
PL 111 L
October 4, 2010 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 market
conditions.
December 12, 2011 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 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 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 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 Director who
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.
This is the seventh (7) 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 17th Street, Suite 850, Denver, Colorado
80202
SERVICE, TEAMWORK. INTEGRITY, QUALITY
Sent via fax: 970.304.6498
November 18, 2016
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,
Fre 1 elly, Jr.
Partner
Mead Crossings
1200 17th Street, Suite 850
Denver, CO 80202
(303) 572-6990
54ill7
April 2, 2016
Mr. Kim Ogle
Planner
Weld County Planning Department
15555 North 17th Avenue
Greeley, Colorado 80631
Dear Kim:
This is my first quarter report.
All initiatives outlined in earlier updates are continuing. Ascertaining project costs is the central focus of
my efforts. Two ballot questions #75 and #78 have been proposed for the November general election
which may affect the surface agreement which we have been negotiating due to new setback
requirements and regulatory overslte at the local level. Also a precipitous drop In energy prices which
occurred in the later part of last year and continuing thru present may affect the timing and likelihood of
our reaching an agreement.
If you require additional information please advise.
Sincerely,
Fred Kelly
Manager Mead Crossings
July 2, 2016
Mr. Kim Ogle
Planner
Weld County Planning Department
15555 North 17' Avenue
Greeley, Colorado 80631
Dear Kim:
This is my second quarter report.
Reaching a surface agreement has proven to be a little more difficult than expected, We were close to
reaching an agreement when their plans abruptly changed, The current plan would reduce the number
of housing units available to help solve some of the infrastructure needs for development of the
property and the compensation offered In return was not sufficient to make up the difference. The
significant drop in oil prices which has occurred gives the company less revenue to use toward satisfying
the shortfall and less potential revenue to the landowner to properly Incentivize the landowner.
If you require additional Information please advise.
Sincerely,
i
Fred Kelly
Manager Mead Crossings
October 12, 2016
Mr. Kim Ogle
Planner
Weld County Planning Department
15555 North 17th Avenue
Greeley, Colorado 80631
Dear Kim:
This is the third quarter report. As noted In earlier reports we are trying to get our arms around all the
Infrastructure costs of developing lots in Adler Estates.
A significant impediment to the development of lots Is water cost. Water is plentiful in the area and the
partnership has retained all of its water to use for its needs and has purchased additional water but the
delivery system is problematic. The original plan for providing water to this area was that Centex the
developer of Liberty Ranch was obligated to build a pipeline at an estimated cost of $10 million which
was large enough to supply not only its needs but surrounding properties as well. The idea was that
Property owners would contribute to the prorate costs of the pipeline as their property developed,
However, Centex defaulted on their agreement and built only part of what was required. Centex no
longer exists as an entity. This means that the surviving property owners now need to cooperate on an
alternative plan fnrtho extension of the line. I have been in touch with the Town of Nicol) lu aicLlflLdlly
address this issue. Longs Peak Water District and Town of Mead have both indicated that they are
interested In participating in the solution. I too have offered to finance the line and wait for others to
contribute to the solution once their ground develops. It Is a question of timing though. One would not
want to get too far out ahead of the development because the carrying costs incurred while waiting
would unduly burden the project and a single property owner cannot justify burdening his property with
the entire cost of the pipeline; he needs other participants. So far the Town of Mead has located
property owners with significant numbers of lots ready to participate and this is a recent and significant
accomplishment.
On the surface agreement front, Anadarko has once again changed their plans dramatically and we will
need to study and respond to their most recent initiative. At least the proponents of amendments 73
and 7c. ciccided not to cliali ruge the decision of the secretary of state tnat they did not have sufficient
signatures to put those items on the ballot. So that Item has gone away as a concern.
I'm encouraged with the progress that has been made and the improvement in general market
conditions In the Mead area which now favor development for the first time in at least ten years. Based
on this I would respectfully request a one year extension of our preliminary plat approval. If you require
additional Information please advise.
Sincerely,
Fred Kelly/Manager Mead Crossings
February 28, 2017
Mr, Kim Ogle
Planner
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80631
Dear Kim:
In furtherance of our previous discussions I met with the interim manager of the Town of Mead on
January 16, 2017, The purpose of the meeting, among other things, was to update myself on the status
of the progress of the town to extend water service to the vicinity of my property at Adler Estates, The
Water District has up to this point been unwilling to advance the monies necessary to build the
necessary pipeline to extend their service to our area based on the uncertain future development. As a
result, other parties have had discussions about how this could be accomplished in the alternative.
As of the date of the meeting I was informed that the Town of Mead believes that they will have the
funding and will be under way with a construction project within the next year to build a 6 Inch pipeline
to the Intersection of highway 65 and county road 7. This is great news for the Adler Estates project
because now I can potentially tie my service In with their pipeline and would at worst only have to
finance a fraction of the cost which I was previously facing. Details of how an agreement between the
Town and Adler Estates will still need to be worked out, but this Is a substantial accomplishment in my
progress to begin building on the site. Further, by coordinating efforts with the Town it may be possible
to achieve certain cost efficiencies in building my portion of the pipeline Also the Town informed me
that they are in substantive discussions with the water district to renegotiate a different arrangement
whereby water rights are converted to taps. The previous agreement fs believed to be a hindrance to
development.
I hope that this letter is sufficient for your purposes. If you require additional information please advise.
Sincerely,
l
J
Fred Kelly
Manager Mead Crossings
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