HomeMy WebLinkAbout20153427.tiff RESOLUTION
RE: GRANT ADDITIONAL THREE YEAR EXTENSION OF DEADLINE FOR SUBMITTAL
OF 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, on October 15, 2007, by Resolution #2007-3229, the Board approved the
request of Glen Droegemueller, Attorney at Law, 1035 37th Avenue Court, Greeley, Colorado
80634, on behalf of said applicant, to extend the deadline for 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, on October 22, 2008, by Resolution #2008-2825, the Board approved an
additional request to extend the deadline for 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, 2009, and
WHEREAS, on October 7, 2009, by Resolution #2009-2649, the Board approved an
additional request to extend the deadline for 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, 2011, and
WHEREAS, on August 29, 2011, by Resolution #2011-2330, the Board approved an
additional request to extend the deadline for 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, 2013, and
2015-3427
(Grace���/►s PL1823
EXTEND SUBMITTAL OF PUD FINAL PLAT- EAGLE VIEW FARMS, LLC
PAGE 2
WHEREAS, on September 23, 2013, by Resolution #2013-2684, the Board approved an
additional request to extend the deadline for submittal of the Planned Unit Development Final Plat
for recording, as Sections 27-8-60 and 27-8-70 of the Weld County Code, with said Final Plat to
be submitted by October 30, 2014, and
WHEREAS, on October 20, 2014, by Resolution #2014-3238, the Board approved an
additional extension of the deadline for 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, 2015, and
WHEREAS, Grace Keirnes, on behalf of said applicant, has requested an additional
extension of the deadline for 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, 2018, 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 Grace Keirnes, on behalf of Eagle View Farms, LLC, for an
extension of the deadline for 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, 2018.
2015-3427
PL1823
EXTEND SUBMITTAL OF PUD FINAL PLAT- EAGLE VIEW FARMS, LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO RADO
ATTEST: t • 0;ti: 1Lbily1A---
.(
rbara Kirkmeyer, Chair
Weld County Clerk to the Board f1 ` n 111eIL-• Mike Freeman, Pro-Tem
De, y Clerk tot e Board �.r.,, c - ) .
Elsa ean P. Conway
APPROVED AS TO FORM:
1161 ( : R:. •zad
ounty Attorney ® �� ,i� ��•f
iih (�N°�'r•teve Moreno
Date of signature:
2015-3427
PL1823
MEMORANDUM
TO: Weld County Commissioners
DATE: October 22, 2015
COLORADO FROM: Chris Gathman C°h �
SUBJECT: Proposed 1 year extension for recording of the final plan plat
and commencement of construction for PF-1090 (Eagle View Farms PUD)
Background: PF-1090 (24 residential lots and 9.7 acres of open space) — Eagle View Farms
PUD, was approved by the Board of County Commissioners on October 4, 2006.
On October 15, 2007 and October 22, 2008, The Board of County Commissioners granted one
year extensions for recording of the final plat.
On October 7, 2009, The Board of County Commissioners granted a two-year extension for
recording of the final plat until October 30, 2011.
On August 29, 2011, The Board of County Commissioners granted a two-year extension for
recording of the final plat until October 30, 2013.
On September 23, 2014, the Board of County Commissioners granted a one-year extension for
recording of the final plat until October 30, 2015.
Request: The extension request letter on behalf of the applicant indicates that approximately 2.5
million dollars has been spent for obtaining final plat approval, for the purchasing of adjacent
property for community services for the proposed PUD, improvements of ditch culvert under
Highway 392 adjacent to this property. Additionally the applicant purchased 40 acres to the
south of the property in 2011 to provide access to Seeley Lake for future public access and
recreational purposes. The applicant indicates that it is still premature to submit collateral for the
improvements agreement and pay the School District fee due to existing economic and market
conditions. The applicant's current expectation is that the economic conditions could allow the
development of the property in 12-18 months. Additionally, the property has been included in the
City of Greeley 2013 Parks, Trails and Open Lands Plan. The applicant is in discussions with the
City of Greeley regarding this inclusion and this could result in minor modifications and additions
to the approved PUD.
I received an update that over the past year that the siblings of Mr. Keirnes have taken over the
management and control of this project. Over the last six months, they have been in the
process of interviewing various real estate groups to find a brokerage firm with the right
marketing and sales platform to take the project to market. Ms. Keirnes indicated in her e-mail
that they have been able to gain the attention of The Group in Fort Collins and have Eagle View
Farms fully to market for pre-sales to either Buyer's or Builders.
Staff Recommendation: The applicant has demonstrated that they are actively involved in PUD
finalizing the PUD. Therefore, staff recommends granting the one-year extension until October
30, 2016 to either record the plat or submit a revised PUD application (if modifications to the
original PUD are proposed). Based on the information provided by the applicants—this should
be the last extension needed for this project.
2015-3427
Grace Keirnes
grace@keirnes.com
Via E-Mail
October 16,2015
Weld County Board of County Commissioners
Weld County Administration Building
1150 0 Street
Greeley,CO 80631
Re: Eagle View Farms PUD
Dear Members of the Board of Commissioners:
My name is Grace Keirnes,and I am currently overseeing the Eagle View Farms PUD that was approved
by the Board initially on October 30, 2006. My father, Brad Keirnes, has transitioned the control and
management of this property to myself and my three siblings,Charles,Elizabeth and Spencer. My Father
has appeared before the Board in 2007, 2008, 2009, 2011 and has obtained six (6) extensions for the
recording of the Plat and initiating construction of infrastructure.
The purpose of this letter is to request on behalf of Eagle View Farms PUD a seventh extension for one(1)
year for both the recording of the final PUD Plat and commencement of construction of infrastructure
improvements for Eagle View Farms PUD,for the reasons summarized below:
With the transition to my siblings and I,we have invested a significant amount of time into further master
planning of the property we own within the Eagle View at Seeley Lake footprint around Seeley Lake. We
believe that in order to fully implement our vision for this development that additional time is necessary to
finalize and implement our plan.
To date, the Keirnes family has invested approximately $350,000.00 in obtaining Plat approval including
engineering, drafting, and legal fees. We have paid $120,000.00 to place an under-drain beneath the
property to be developed, and have paid $175,000.00 toward a domestic water line extension to the
Northwest corner of the property along State Highway 392.
We have purchased and improved a seven(7)acre parcel immediately adjacent to Eagle View Farms in the
Northeast corner of the Section for approximately $400,000.00 to provide community services to future
Eagle View residents.
We participated financially and operationally with the Colorado Department of Transportation in the$1.5
million dollar improvement to the Seeley Creek culvert project under Highway 392 that borders the property
on the West.
In January of 2011, my family purchased 40 acres contiguous to the property to the South and including
the West frontage of Seeley Lake connecting Eagle View Farms to Seeley Lake and with the existing
neighborhood on the East side of the lake for future public access and recreational purposes. We are
continuing further feasibility analyses and planning to incorporate a portion of this additional property and
its natural resources and improvements into the Eagle View Farms project to provide additional common
area, recreational and lifestyle amenities to Seeley Lake residents and future Eagle View homeowners.
Post Office Box 7,Eaton,Colorado 80615
Telephone:(970)381-6600
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October 16,2015
The recording of the Plat would require my siblings and me to provide a letter of credit to Weld County in
the approximate amount of$2.0 million as financial assurance for the completion of the infrastructure.To
satisfy this Plat recording requirement would concentrate a majority of our capital in one project which
would limit our ability to continue other real estate projects which we believe unduly burdensome relative
to the expected timing of development due to the continuing weakness of economic and market conditions.
The provision of such a letter of credit imposes an actual capital burden and associated costs equal to the
amount of the letter of credit. In addition to this financial requirement for Plat recording, we would be
required to pay the Eaton School District Development Fee for the all lots in the subdivision prior to
construction.
This request for extension will allow us time for further recovery of target market conditions to occur,
updating of financial and feasibility analyses and evaluation and planning for enhancement to trail and open
space amenities for future residents and neighbors,all of which will help maximize its contribution to the
Weld County.
Accordingly,we respectfully request the Board enter a finding that Eagle View Farms PUD has not been
abandoned, and it is appropriate to extend the requirement for recording of final PUD Plat and
commencement of the construction of the infrastructure of the PUD for one(1)additional year which would
end on October 30,2016.
Sincerely yours,
Grace Keirnes
GD:lc
pc: Chris Gathman
Glen Droegmueller
Post Office Box 7,Eaton,Colorado 80615
Telephone: (970)381-6600
Stephanie Frederick
From: Grace Harrison <grace@keirnes.com>
Sent: Wednesday, October 21, 2015 8:30 AM
To: Chris Gathman
Cc: 'Glen Droegemueller'
Subject: RE: Extension Request for Eagle View Farms PUD
Chris,
Thank you very much for your email.
As indicated in my letter, my siblings and I have taken over the control and
management of this project. Over the last six months,we have been in the
process of interviewing various real estate groups to find a brokerage firm
with the right marketing and sales platform to take this project to market.
With a project like this, it is a significant undertaking to find the right
group that has access to the audience of our target market. Nearly two
years ago, my Dad was in this process but was unable to gain the attention
of a brokerage firm due to the lack of strength in the market of our"luxury
in the country" product. Now, with the market strengthened significantly
and the lack of product available, my siblings and I have been able to gain
the attention of The Group in Fort Collins and have Eagle View Farms fully
to market for pre-sales to either Buyer's or Builders.
Hopefully this is helpful in explaining the progress we have made in the
last year. Please let me know if you have any additional questions.
I look forward to the meeting on Monday starting at 9am. See you then!
Best regards,
Grace Harrison
KEIRNES COMPANIES, LLP
EAGLE, LLC-- Manager/Broker
Post Office Box 7
Eaton, Colorado 80615
970.381.6600 direct phone/mobile
888.575.9254 direct fax
grace@keirnes.com
grace@eaglebrokers.com
www.keirnes.com
www.eagledevcorp.com
CONFIDENTIALITY NOTICE: This message and any attachments are intended only
for the authorized use by the addressee and should be presumed to contain
information that is privileged, proprietary, copyrighted and/or
confidential. If the reader of the message is not the intended recipient or
an authorized representative of the intended recipient,you are hereby
notified that any use, review, retransmission, dissemination, distribution,
copying, printing, or any other use of or action taken in reliance upon this
communication is strictly prohibited. If you have received this
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communication in error, please notify the sender immediately by replying to
this e-mail message or by telephone at (970) 381-6600 and delete the message
and any attachments thereto from your system.
Original Message
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent:Tuesday, October 20, 2015 11:01 AM
To: Glen Droegemueller<glen@glendroegemueller.com>;grace@keirnes.com
Subject: FW: Extension Request for Eagle View Farms PUD
Dear Grace & Glen,
I spoke to Esther Gesick and you are tentatively on the agenda for Monday,
October 26th at 9 AM. My question is: What new has occurred since the last
extension in 2014 in regards to continuing to diligently finalize this PUD?
I have attached the previous letter from 2014 and it is very similar to the
letter you have provided.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (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.
Original Message
From: Grace Harrison [mailto:grace@keirnes.com]
Sent: Friday, October 16, 2015 1:18 PM
To: Chris Gathman
Cc: 'Glen Droegemueller'; 'Charles Keirnes'; Spencer Keirnes
Subject: Extension Request for Eagle View Farms PUD
Chris,
Attached is a letter for the Board of Commissioners requesting a 1 year
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extension for Eagle View Farms PUD for both the recording of the final PUD
Plat and commencement of construction of infrastructure improvements.
Please let me know if there is anything else I can do to assist in
submitting our request to the Commissioners. Thank you, Chris!
Best regards,
Grace Harrison
KEIRNES COMPANIES, LLP
EAGLE, LLC-- Manager/Broker
Post Office Box 7
Eaton, Colorado 80615
970.381.6600 direct phone/mobile
888.575.9254 direct fax
grace@keirnes.com <mailto:grace@keirnes.com>
grace@eaglebrokers.com <mailto:grace@eaglebrokers.com>
www.keirnes.com <http://www.keirnes.com>
www.eagledevcorp.com<http://www.eagledevcorp.com/>
CONFIDENTIALITY NOTICE: This message and any attachments are intended only
for the authorized use by the addressee and should be presumed to contain
information that is privileged, proprietary, copyrighted and/or
confidential. If the reader of the message is not the intended recipient or
an authorized representative of the intended recipient,you are hereby
notified that any use, review, retransmission, dissemination, distribution,
copying, printing, or any other use of or action taken in reliance upon this
communication is strictly prohibited. If you have received this
communication in error, please notify the sender immediately by replying to
this e-mail message or by telephone at (970) 381-6600 and delete the message
and any attachments thereto from your system.
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