HomeMy WebLinkAbout20132866.tiffRESOLUTION
RE: APPROVE SERVICE PLAN, MET13-0002, FOR PROPOSED EATON AREA PARK
AND RECREATION DISTRICT
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, pursuant to Section 32-1-204, C.R.S., a Service Plan concerning the
proposed Eaton Area Park and Recreation District, was filed with the Weld County Board of
County Commissioners, and
WHEREAS, on July 24, 2013, by Resolution #2013-1905, the Board of County
Commissioners scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on
October 14, 2013, and
WHEREAS, notice of the date, time, location, and purpose of said hearing was duly
published in The Greeley Tribune, the county legal newspaper, on October 2, 2013; notice
was provided to the Division of Local Affairs of the name and type of the proposed district; and
notice of the date, time and location of said hearing was provided to the Petitioners, to the
governing body of each municipality and of each special district which had levied an ad
valorem tax within the next preceding tax year and which had boundaries within a radius of
three (3) miles of the proposed district, and to said Division, as required by Sections 32-1-
202(1) and 32-1-204(1), C.R.S., and
WHEREAS, the Weld County Planning Commission considered the Service Plan at its
meeting on September 17, 2013, and presented its unfavorable recommendation to the Board
of County Commissioners at its hearing on this matter, as required by Section 32-1-204(2),
C.R.S., and
WHEREAS, the Board did, on October 14, 2013, conduct a full public hearing on this
matter, taking evidence establishing the jurisdiction of the Board to hear this matter and
further taking evidence regarding the substantive issues set forth in Section 32-1-203, C.R.S.,
at which hearing all interested parties were afforded an opportunity to be heard, and
WHEREAS, the Board fully considered the Service Plan and all testimony and other
evidence presented to it in this matter relating to said Service Plan, including the unfavorable
recommendation of the Weld County Planning Commission, and
WHEREAS, the Board, after consideration of all testimony and other evidence
presented to the Board in this matter, finds that the Service Plan meets the criteria contained
within Section 32-1-203, C.R.S., and
WHEREAS, written requests for exclusion were submitted to the Board from various
property owners within the boundaries of the proposed District and such requests along with
testimony and other evidence were fully considered by the Board pursuant to Section 32-1-
203(3.5)(a), C.R.S., and
cc . c4 P2 A.c PL
2013-2866
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 2
WHEREAS, all written requests for exclusion submitted to the Board from property
owners or owners within the boundaries of the proposed District were considered and granted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that:
Section 1. Pursuant to Section 32-1-203(3.5)(a), C.R.S., the Board hereby
determines that the Petitioner has failed to meet its burden of proving
that the exclusion of properties for which exclusion requests were filed
is not in the best interests of the proposed District. Therefore, the
properties listed by parcel number in Attachment A to this Resolution,
attached hereto and incorporated herein, inclusive of mineral interests,
are hereby excluded from the Eaton Area Park and Recreation District.
Section 2. The Board hereby determines that all of the jurisdictional and other
requirements of Sections 32-1-202 and 32-1-204, C.R.S., have been
fulfilled, including those relating to the filing and form of the Service
Plan, the form and publication of the public hearing of the hearing on
the Service Plan, and the type of public hearing held herein, and that,
pursuant to Section 32-1-204(1) the petitioners did give proper and
timely notification of the hearing to the governing body of any existing
municipality or special district which levied an ad valorem property tax in
2012, and which has boundaries within a radius of three miles from the
boundaries of the proposed District.
Section 3.
The Weld County Planning Commission has considered this matter as
required by law and has unfavorably recommended approval of the
Service Plan.
Section 4. Based upon the information contained within the Service Plan and
evidence presented to the Board at the hearing, the Board hereby finds
and determines as follows:
A. There is sufficient existing and projected need for organized
services of the nature proposed in the Service Plan in the area
to be serviced by the proposed District.
B. The existing services in the area to be served by the proposed
District are inadequate for present and projected needs.
C. The proposed District is capable of providing economical and
sufficient services to the area within its proposed boundaries.
D. The area to be included in the proposed District has, or will
have, the financial ability to discharge the proposed
indebtedness on a reasonable basis.
2013-2866
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 3
E. Adequate services are not, and will not be, available to the area
through Weld County or other municipal or quasi -municipal
corporations, including special districts, within a reasonable time
and on a comparable basis.
F. The facilities and service standards of the proposed District are,
or will be, compatible with the facilities and service standards of
Weld County and of each municipality and special district which
is an interested party hereto.
G. The Service Plan is in substantial compliance with the Weld
County Comprehensive Plan and the Weld County Code.
H. The creation of the proposed District will be in the best interest
of the area proposed to be served.
Section 5. On the basis of the findings and determinations in Section 4, the
Service Plan of the proposed District be, and hereby is, approved,
subject to the following conditions: the properties within the municipal
boundary of the Town of Severance shall be excluded from the Service
Plan and the Service Boundary.
Section 6. The Clerk to the Board be, and hereby is, directed to advise the
Petitioners, in writing, of this action and to attach a certified copy of this
Resolution for the purpose of filing the same with the District Court of
Weld County.
Section 7. All resolutions, or parts thereof, in conflict with the provisions hereof, are
hereby repealed to the extent of such conflict only.
Section 8. This Resolution, immediately upon its passage, shall be authenticated
by the signatures of the Board of County Commissioners and the Clerk
to the Board and sealed with the corporate seal of the County.
2013-2866
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 14th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD ...ii COLORADO
Weld County Cleo t oard
to tlz oafd
APPRO�V- D ASS
rjtyAttorney
Date of signature: i i 11 II 3
Barbara Kirkmeye
2013-2866
SD0139
ATTACHMENT A: PROPERTIES EXCLUDED FROM THE EATON PARK AND RECREATION DISTRICT BY THE
WELD COUNTY BOARD OF COMMISSIONERS AT THE OCTOBER 14, 2013, HEARING
UNINCORPORATED WELD COUNTY EXCLUSIONS
Booton, Gary
Caton, Arvene and Bettylynne
Cooper, Robert
Fouts, Robert and Rose
Green, Harvey and Constance
Gustafson, David and John
Kindvall, Ronald and Patricia
Kramer, Barry
Lawley, Sherry
Savannah Corporation LLC.
Lawley, Sherry and Mark
Savannah Corporation LLC.
Naughton, Lennie and Rose
Overturf, Lisa
Reeman, James and Susan
Stauding, Troy and Natasha
Tribbett, Ronald and Nicole
Unrein, Gerald and Kathleen
Bates, Jim
Cazer, Jack and Marian
Green, Harvey and Constance
Gustafson, David and June
Leffler Custom Designs LLC
071118000007, 39488 CR 49
080514300043, 33138 CR 33
070729000027, 37494 CR 27
080107000014, 24802 CR 72
070926000026, 37424 CR 45
080501000023, 35395 CR 37
070924000006, 38012 CR 47
080514305003, 16402 Longs Peak Road
080104400037
080104000006
071120000015, 38970 CR 51
080514400011, 16581 Hwy 392
080305000033, 35710 CR 39
080119000035, 24260 Hwy 392
080503400039, 35129 CR 33
080511000030, 16531 CR 70
EATON EXCLUSIONS
070931008014, 311 Willow Ave., Eaton
070736400047, 1225 Huckleberry Lane, Eaton
070736416001, 742 ft St., Eaton
070931200007, 777 Cheyenne Ave., Eaton
080501245006, 100 South Cherry Avenue,
3.77 ac.
12.74 ac.
3.5 ac.
19.39 ac.
10 ac.
.92 ac.
11.09 ac.
2.24 ac.
29.97 ac.
73.5 ac.
7.5 ac.
2.13 ac.
.92 ac.
18.77 ac.
7.28 ac.
2.33 ac
.173 ac.
.163 ac.
.193 ac.
3.14 ac.
.167 ac.
EXHIBIT
2
11
2013- 2B(o6
Leffler, Brent and Marielle
Leffler, Donn and Suzanne
Miller, Larry and Lucille
Reynolds, Allen and Lynda
Rouse, Philip and Patricia
Sisler, Gary and Paula
Unit #6, Eaton
080501230008, 1615 Colorado Parkway, Eaton .234 ac.
080501225001, 1741 Pioneer Place, Eaton .261 ac.
080306008006, 462 S. Elm Ave., Eaton .214 ac.
070736408012, 316 Park Avenue, Eaton .241 ac.
070736417007, 12 Cottonwood Ave., Eaton .214 ac.
070736306001, 10 Cherry Ave, Eaton
070736434003, 44 Ash St., Eaton
.217 ac.
.119 ac.
STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 336-7215, EXT.4225
FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Monica Daniels -Mika, Clerk to the Board of County Commissioners, in and for the
County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution
#2013-2866, dated October 14, 2013, is a duplicate of the original Resolution on file in the Weld
County Clerk to the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 7th day ofNovember, 2013.
CLERK TO THE BOARD
DEPUTY CLE T THE BOARD
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