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HomeMy WebLinkAbout20141303.tiff RESOLUTION RE: GRANT REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ-1082 - KITELEY FARMS, LLLP, CIO LONGS PEAK INVESTORS, 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 July 26, 2006, by Resolution #2006-1794, the Board approved the application of Kiteley Farms, LLLP, 13844 County Road 7, Longmont, Colorado 80504, do Longs Peak Investors, LLC, 7120 East Orchard Road #450, Englewood, Colorado 80111, requesting Change of Zone, PZ-1082, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 429 residential lots, open space, and continuing oil and gas production, for a parcel of land located on the following described real estate, to-wit: Lot B of Recorded Exemption #843; being part of the NW1/4 of Section 27, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on June 29, 2009, the Board approved the request of Longs Peak Investors, LLC, for a one-year extension of the submittal of the Planned Unit Development Final Plat for recording, indicating said Final Plat will be submitted by July 26, 2010, and WHEREAS, on June 7, 2010, the Board approved the request of Longs Peak Investors, LLC, for an additional two-year extension of the submittal of the Planned Unit Development Final Plat for recording, indicating said Final Plat will be submitted by July 26, 2012, and WHEREAS, on March 12, 2012, the Board approved the request of Longs Peak Investors, LLC, for an additional two-year extension of the submittal of the Planned Unit Development Final Plat for recording, indicating said Final Plat will be submitted by July 26, 2014, and WHEREAS, Longs Peak Investors, LLC, has requested an additional two-year extension of the submittal of the Planned Unit Development Final Plat for recording, indicating said Final Plat will be submitted by July 26, 2016, and WHEREAS, on April 28, 2014, 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 an additional two-year extension shall be approved, with said Final Plat to be submitted by July 26, 2016. CC; PL(X),4ppl. ('J.fc,u npx) J57a-) 19014 2014-1303 PL1848 EXTEND SUBMITTAL OF PUD FINAL PLAT (PZ-1082) - KITELEY FARMS, LLLP, 0/O LONGS PEAK INVESTORS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Kiteley Farms, LLLP, do Longs Peak Investors, LLC, for an extension of 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 July 26, 2016. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �L ` , / k�L t2., i k*it rys; (Lk/ ���'�/ :�' DouglaA Rademacher, Chair Weld County Clerk to the Board Iel'w+. ,0�• ) / ��. CUSED ,,y;;: . ':Nara Kirkmeyer, Pro-Tern BY. Ek„,...ra . 9-ra " Id De it Clerk to the Board 'p• op �- ••S Pr , P. Conway APP D A O RM: �� 1,it ��XCUSED ***It `goss"Mike Fnom / ounty torney ( 1/117:2A / William F. rcia Date of signature: /ao�1ri 2014-1303 PL1848 del MEMORANDUM _ 1 To: Board of County Commissioners l c Q u.N?Y From: Kim Ogle, Planning Services Subject: Request for Extension Kiteley Ranch at Foster Lake, PZ-1082 Go Jerry Eckelberger, Longs Peak Investors, LLC Date: April 23, 2014 July 26, 2006 The Board of County Commissioners approved PZ-1082 for Kiteley Ranch at Foster Lake, Go Jerry Eckelberger, Longs Peak Investors, LLC; 1998 Oak Leaf Lane, Littleton, CO for a Change of Zone from A(Agricultural)to PUD (Planned Unit Development)for 429 residential lots, open space and continuing oil and gas production. (Kiteley Ranch at Foster Lake) June 29, 2009 Jerry Eckelberger, Longs Peak Investors, LLC; 1998 Oak Leaf Lane, Littleton, CO requested a one-year extension for the submittal of the Final Plat application for Kiteley Ranch at Foster Lake PUD due to the current less-than-favorable economic and market conditions; June 7, 2010 Jerry Eckelberger, Longs Peak Investors, LLC requested a two-year extension for the submittal of the Final Plat application for Kiteley Ranch at Foster Lake PUD due to the current less-than-favorable economic and market conditions. This was Mr. Eckelberger's second request; March 12, 2012 Jerry Eckelberger, Longs Peak Investors, LLC requested a two-year extension for the submittal of the Final Plat application for Kiteley Ranch at Foster Lake PUD due to the current less-than-favorable economic and market conditions. This was Mr. Eckelberger's third request; April 28, 2014 The Department of Planning Services has previously received correspondence from the applicant,Jerry Eckelberger,who is requesting consideration for an extension of two years. Mr. Eckelberger indicates that the project has not been abandoned and there is a willingness and ability to continue with the submittal of the PUD Final Plan. The Department of Planning Services received electronic mail from Mr.Eckelberger dated April 11, 2014 requesting a two year extension to July 26,2016 to submit the PUD Final Plat application for Kiteley Ranch at Foster Lake PUD. This is Mr. Eckelberger's fourth request. The following statement is included on all subdivisions as a condition of approval: "The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan -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 submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval SERVICE,TEAMWORK,INTEGRITY,QUALITY 2014-1303 of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District." The Department of Planning Services is in support of this request given the current economic conditions and recommends that the Board of County Commissioners approve Mr. Eckelberger's request. Mr.Eckelberger is present and is able to address the Board. SERVICE,TEAMWORK,INTEGRITY,QUALITY LONGS PEAK INVESTORS, LLC 1998 OAK LEAF LANE LITTLETON,COLO.80121 eckelberger@comcast.net 720-335-1370 April 11,2014 Delivery via email (kogle@co.weld.co.us) Mr. Kim Ogle Planning Manager Weld County Administrative Offices 1555 N. 17`"Avenue Greeley,Co.80631 Re: Request for Extension to Submit Final Plan Kiteley Ranch at Foster Lake PZ-1082 Dear Kim: On July 26,2006,the Weld County Board of County Commissioners approved the PUD Change of Zone Plat and Preliminary Site Improvement Plans for Kiteley Ranch at Foster Lake. The Board has subsequently extended the time to submit the Final Plat to July 26,2014. Due to the lasting nature of the current economic downturn and in particular the lack of any development and building activity in the unincorporated area near to this project, the applicant Longs Peak Investors, LLC requests a two year extension to July 26,2016 to submit a Planned Unit Development and Final Plan. This will confirm the PUD project has not been abandoned and the applicant has the willingness and ability to continue with the submittal of the PUD Final Plan. Thank you in advance for your consideration. If you have any questions or concerns, I will be available to address them. Sincerely, LONGS PEAK INVESTORS, LLC ~ Jerry Eckelberg Managing Member Esther Gesick From: Kim Ogle Sent: Wednesday, April 23, 2014 8:46 AM To: Esther Gesick; Karla Ford Cc: Donna Bechler; 'Jerrie eckelberger; Kim Ogle Subject: Request for extension Kiteley Farms PUD, PZ-1082 Attachments: 2673_001.pdf; 2672_001.pdf Esther, Karla and donna, good morning Please find attached the request and staff memorandum for the Kiteley Ranch PUD extension. When scheduled,Jerry has asked, if possible,to be copied on the hearing date and time His email is: eckelberger@comcast.net Please let me know if additional information is required. Thanks! Kim 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 y.2,40;N I IJ r ' - A r l 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. Think Green -Not every email needs to be printed 1 Hello