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Home My WebLink About20143238.tiff RESOLUTION RE: GRANT REQUEST FOR ADDITIONAL ONE 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 2014-3238 PL1823 CC:PL(C6) A PL /3 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, Glen Droegemueller, 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, 2015, 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 Glen Droegemueller, 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, 2015. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS LD COUNTY, CO RADO ATTEST: Salim) yc ; v Do�gla 'ademacher, hair` 1 Weld County Clerk to the Boar't\\ E Lae t n l •� •ara Kirkmeyer, ro-Tem BY: ♦ [ L. Ls. ! It_,�� Dep Clerk to the :oar•�� ' °��•�° ��.• USED A''an P. Conway ®4 • aF `e AP T ORM: Mike Freeman ounty Attorney William F. Garcia Date of signature: 10k9 2014-3238 PL1823 � �bra MEMORANDUM TO: Weld County Commissioners DATE: October 15, 2014 COLORADO FROM: Chris Gathman 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. 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, 2014 to either record the plat or submit a revised PUD application (if modifications to the original PUD are proposed). 2014-3238 GLEN DROEGENUELLER Att.rsey at Law glen@glendroe4emueller.com Via E-Mail October 1,2014 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: The Eagle View Farms PUD was approved by the Board initially on October 30, 2006. The property owner has appeared before the Board in 2007, 2008, 2009, 2011 and has obtained five (5)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 sixth extension for one(1) years 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: The property owner has invested approximately $350,000.00 in obtaining Plat approval including engineering,drafting, and legal fees. The property owner has paid $120,000.00 to place an tinder-drain beneath the property to be developed. The property owner has paid$175,000.00 toward a domestic water line extension to the Northwest corner of the property along State Highway 392. The property owner has 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. The property owner 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, the property owner 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. The property owner is conducting 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 and recreational and lifestyle amenities to Seeley Lake residents and future Eagle View homeowners. Toward that end, the property owner has extended its long-term lease. effective October 1, 2014, to own, manage and operate the Seeley Lake Boating Association on Seeley Lake. 1035 37th Avenue Court,Greeley,Colorado 80634 Telephone: (970)304-0362 Fax: (970)353-4040 Page 2 October 1, 2014 The recording of the Plat would require the property owner 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 still be financially premature and 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, the property owner would be required to pay the Eaton School District Development Fee for the all lots in the subdivision prior to construction. As market conditions for many segments of the northern Colorado residential real estate market have significantly improved, it is the property owner's current expectation that economic conditions could allow this type of higher-end residential development to proceed within the coming twelve (12) to eighteen (18) months. Toward that end, the property owner is currently updating its market and feasibility analysis and project development costs which it hopes to have completed within the next six (6) months. The property owner is also communicating with the City of Greeley about the effects on the Project from its recent inclusion in the City of Greeley's 2013 Parks, Trails and Open Lands Plan. Those discussions could lead to minor modifications and/or additions to the Site Plan and Plat for the Project and adjacent property owned by the property owner. The net outcome of any such modifications could be to further enhance the availability and accessibility of trails and open space within and surrounding Eagle View Farms PUD. This request for extension will allow the property owner 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 community, economically, recreationally and otherwise. Accordingly, the property owner respectfully requests 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 30,2015. Sincerely yours, Glen Droegemueller Attorney at Law GD:lc pc: Brad Keirnes Chris Gatham 1035 37th Avenue Court,Greeley,Colorado 80634 Telephone: (970)304-0362 Fax: (970)353-4040 Hello