HomeMy WebLinkAbout20153985.tiff RESOLUTION
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
WHEREAS, pursuant to Section 27-8-50 of the Weld County Code, the current owner of
the property, Mead Crossings, LLC, c/o Fred Kelley, 1200 17th Street, Suite 850, Denver,
P p Y� 9 Y
Colorado 80202, submitted a letter dated December 7, 2015, requesting the Board consider an
additional three-year(3 year) extension of time for filing the PUD Final Plan for the Adler Estates
PUD, and
WHEREAS, on December 14, 2015, the Board deemed it advisable to continue the matter
to December 21, 2015, to allow the applicant the opportunity to present to full quorum of the
Board.
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/1" 2015-3985
PL1792
RE: EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN (ADLER ESTATES PUD,
PZ#1071) - MEAD CROSSINGS, LLC
PAGE 2
WHEREAS, Mead Crossings, LLC, do Fred Kelley, 1200 17th Street, Suite 850, Denver,
Colorado 80202, submitted an email dated December 18, 2015, 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
WHEREAS, on December 21, 2015, 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, 2016, 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, 2016, 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 21st day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
,,��,, WELD COUNTY, C LORADO
degelf&V
ATTEST: G. •-do%e1 (NAY)
arbara Kirkmey r, Chair
Weld County Clerk to the Board
rte. _ (AYE)
I' ' 'ke Freeman, Pro-Tem
� 1I •
BY ��`.� 4c
Dep y Clerk to the Board
P. Conway
APP AS TO j% =� +" �►�� O.‘
(AYE)
Cozad
- I �•unt Attorney (AYE)
Steve Moreno
Date of signature: 4/1/11_
2015-3985
PL1792
Cheryl Hoffman
From: Kim Ogle
Sent: Monday, December 21, 2015 6:03 AM
To: Esther Gesick
Cc: Karla Ford; Tisa Juanicorena
Subject: Fred kelly-Adler Estates-- Feedback from Weld County Commissioners
Good morning,
Please add to file.,
Thank you
Kim Ogle
Planner
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile:970.304.6498
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
P Think Green- Not every email needs to be printed
From: Kristen Pine [mailto:kcf1111@aol.com]
Sent: Friday, December 18, 2015 4:40 PM
To: Kim Ogle
Subject: Feedback from Weld County Commissioners
Hi Kim.
Fred asked me to send you the following note:
"Based on the feedback that I received from the Weld County Commissioners at their meeting on December 14,2015, I
withdraw my request for a 3 year extention of the preliminary plat. I am now requesting a 1-year extention."
Thanks Kim.
Merry Christmas!
Kristen
2
1s61 MEMORANDUM
1, 1,
�— TO: Board of County Commissioners
U N T Y1 DATE: December 8, 2015
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 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 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
2015-3985
PL 1742
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 2n°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 7, 2015 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.
This is the sixth (6) requests 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
Dece
mber 07, 2015
1
Mr. Kim Ogle
Senior Planner
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Dear Mr. Ogle:
As a follow up to my October 10,2015 quarterly update, this letter is to formally request
a three year extension of time from the due date for finalizing the plat on the Adler
Farm near Mead. Current market conditions do not make it possible for lots to be sold
at present therefore 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
•
October 10, 2015 4
I
Mr. Kim Ogle
Planner
Weld County Planning Department
1555 North 17th Avenue
Greeley,Colorado 80631
Dear Kim:
This letter will serve as my third quarterly report pursuant to my agreement with the County. As
always, I am also available to meet with the planning staff in person if needed to supplement this
information. With the expiration of the approval coming up quickly this might be a good idea.
As noted in the previous quarterly report I had received a new proposal outlining a new configuration
for the surface agreement this was significantly different than the previous versions.This change may
materially alter some aspects of the project from the owner's viewpoint but good progress on
negotiations has been made. Our goal is to establish a line of sight agreement by the parties by end of
October with final documents to be signed by year end after review by the attorneys.
This quarter was also largely spent on the ongoing attempt to update the estimated project costs. This
analysis is critical not only because of the price point considerations shared by builders which frame the
feasibility of a project but it also affects such other things as the size and complexity of the special
district service plan and application which will need to be submitted to the county and the district court.
A special district will be absolutely essential to serve as the financial intermediary to provide financing
for the expensive infrastructure needs that this project has.Without providing for financing all other
considerations are premature.Based on preliminary discussions with other parties in the area,it may be
necessary for us to take the lead in financing some regional improvements which benefit other
properties in addition to Adler Estates. Some additional time may be required to determine a suitable
financial vehicle to accomplish this.
I hope that this letter is sufficient for your purposes. if you require additional information please advise.
Sincerely,
Fred Kelly
Manager Mead Crossings
July 10, 2015
f
1
Mr. Kim Ogle
Planner
Weld County Planning Department
1555 North 17t"Avenue
Greeley,Colorado 80631
Dear Kim:
4
This letter will serve as my second quarterly report pursuant to my agreement with the County. As
always, I am also available to meet with the planning staff in person if needed to supplement this
information.
My first priority was to reassemble a team of talented professionals to advise on the various technical
aspects of the project. I have contacted the original fellow with Land Architects who worked on the
plans. I have met with Ken Puncerelli and Josh Roland. Among other things,we specifically discussed
the issue of drainage because it was a concern to commissioner Kirkmeyer. We do not see any unusual
problems here at the moment. We have both been active in locating the work product and notes in
their file archives thereby refreshing our recollection of the details.We are attempting to update the
estimated project costs. This analysis is critical because i have learned of the price point considerations
shared by builders which frame the feasibility of a project. I also received a new proposal outlining a
new configuration for surface agreement which I shared with the planners.
My second priority was to begin work on creating a special district to serve as the financial intermediary
to provide financing for the expensive infrastructure needs that this project has.Without providing for
financing all other considerations are premature. There was little done on this topic by my predecessor.
Based on a recommendation by Mr. Puncerelli I am now looking at using Fairfield and Wood law firm
that I did not realize was active in the special district arena but has apparently done some good work
recently. I have previously used this firm in the past for other matters and they have a good reputation.
Their help is going to be invaluable in negotiating surface use and the service plan.
My third priority was to engage the services of an investment banker to provide valuable input into
market conditions which exist and the various financing vehicles available to finance the infrastructure
needs. The investment banker will also be vital to constructing the financing plan needed for inclusion
in the service plan. I have considered all local firms and have chosen D.A.Davidson. This should be a
decision that you are comfortable with also but I am convinced that this is the best choice.
On a parallel path I have also had discussions with developers and builders working in the vicinity of
Mead to determine the viability of the existing land plan in today's market and the likelihood of
competing projects that could take away market share. In that connection,the Town of Mead has a
new development director,Dawn Adams,who has been helpful in making introductions and instructing
on proposed projects in the area.
I hope that this letter is sufficient for your purposes. If you require additional information please advise.
After consultation with the professionals I will be developing a timeline with milestones along the way.
Sincerely,
Fred Kelly
Manager Mead Crossings
March 31,2015
Mr. Kim Ogle
Planner
Weld County Planning Department
1555 North 17th Avenue
Greeley,Colorado 80631
Dear Kim:
When the Weld County Commissioners approved the extension of time for the Adler Estates project in
December of 2014 one of the Commissioner's requirements was that I provide a quarterly update to
you. This letter will serve as my first quarterly report and a written record of my progress to date.I am
also available to meet with the planning staff in person if needed to supplement this information. Some
of the questions raised by Commissioner Kirkmeyer will be dealt with in later installments.
My first priority was to reassemble a team of talented professionals to advise on the various technical
aspects of the project. As I informed the commissioners and you back in December many of the
individuals who were originally involved in the planning of the project are no longer in their former
positions so we lack a little continuity in the process.Likewise several of the adjoining landowners and
holders of option contracts have gone away or changed. Nevertheless I have contacted the original
fellow with Land Architects who worked on the plans. His name as you may recall is Ken Puncerelli and
he is willing to pick where he left off. Our conversations make me think that changes to the plat may be
minor since the plan initially was quite forward looking and not the standard of the time. It envisions
development with various price points to maximize flexibility and market penetration. In any case,he
will undoubtedly be instrumental in locating the work product and notes in their file archives thereby
coming up to speed quickly.
My second priority was to begin work on creating a special district to serve as the financial intermediary
to provide financing for the expensive infrastructure needs that this project has.Without providing for
financing all other considerations are premature. There was little done on this topic by my predecessor.
I have developed a list of potential lawyers to serve as special district council to create the district and
will be requesting proposals from each of the firms. The list includes Collins,Cockrel,and Cole,
McGeady Sisneros,P.C.,White,Bear,Ankele Professional Corp.,and Diane Miller.A key consideration in
the decision of whom to hire will be their experience or lack thereof in Weld County. if you have any
input on this decision i welcome it now. As you know,the ultimate objective here will be to first update
the project costs in light of the passage of time and circumstances. The second step then would be to
assess the absorption schedule to see how many homes can be sold over what time period and at what
price. Once I have developed this information I can then proceed to the creation of a service plan which
will demonstrate to the County how the development costs will be repaid from the resulting estimated
tax revenues over time.
My third priority was to engage the services of an investment banker to provide valuable input into
market conditions which exist and the various financing vehicles available to finance the infrastructure
needs. The investment banker will also be vital to constructing the financing plan needed for inclusion
in the service plan. I have considered all local firms and am leaning towards hiring D.A. Davidson. This
should be a decision that you are comfortable with also but I am convinced that this is the best choice.
On a parallel path I have also had discussions with developers and builders working in the vicinity of
Mead to determine the viability of the existing land plan in today's market and the likelihood of
competing projects that could take away market share. In that connection,the Town of Mead has had
two public meetings one on February 4,2015 and the other on March 16, 2015 with the explicit purpose
of introducing interested parties working in and around the Mead area to discuss plans and topics of
mutual interest. Surprisingly several of the people that showed up for the meetings are people that I
have known for many years so this should make it a little easier. One of the difficult tasks that I have
before me is solving the many challenges that affect the entire area not just our property. This will take
a concerted effort of all parties to find solutions and some of the owners are not as far along in the
process as I am. I also have access now to the services of Metro Study a national firm who tracks
development statistics in Colorado and Weld County.
I hope that this letter is sufficient for your purposes.If you require additional information please advise.
After consultation with the professionals I will be developing a timeline with milestones along the way.
Sincerely,
Fred Kelly
Manager Mead Crossings
Hello