HomeMy WebLinkAbout20121462.tiff RESOLUTION
RE: APPROVE VACATION OF THE PLANNING COMMISSION AND BOARD OF COUNTY
COMMISSIONER HEARING DATES FOR THE REVIEW AND CONSIDERATION OF
THE SERVICE PLANS FOR DRY CREEK EAST METROPOLITAN DISTRICTS
NOS. 1 - 5/ DRY CREEK EAST MAINTENANCE METROPOLITAN 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, the Service Plans for the Dry Creek East Metropolitan Districts Nos. 1 - 5
and the Dry Creek East Maintenance Metropolitan District, were received by the Clerk to the
Board on April 6, 2012, from counsel for said Districts, Kristen Bear, White, Bear and Ankele
Professional Corporation, 2154 East Commons Avenue, Suite 2000, Centennial, Colorado
80122, for filing with, and consideration by, the Board of County Commissioners, and
WHEREAS, pursuant to Section 32-1-204, C.R.S., the Weld County Board of
Commissioners adopted Weld County Resolution 2012-1006, which referred the Service Plans
to the Weld County Planning Commission for a hearing to be held on August 7, 2012, with a
study and recommendation to be received by the Weld County Board of Commissioners from
the Planning Commission by August 15, 2012, and
WHEREAS, Weld County Resolution 2012-1006 set a date for consideration of the
Service Plans by the Weld County Board of Commissioners for August 22, 2012, and
WHEREAS, on May 21, 2012, the County received a letter dated May 18, 2012,
attached hereto and incorporated herein as Exhibit A, from William Tucker, President of ALF
Todd Creek Village North, L.P., requesting that the review of the Service Plans be held in
abeyance, and
WHEREAS, after subsequent consultation by the Weld County Attorney's Office with
representatives of the parties involved in making decisions regarding the Service Plans, the
County Attorney's Office recommends vacates the previously set hearing dates for review of the
Service Plans and to refer the matter to the Weld County Planning Department of Services until
such time that the Service Plans are resubmitted, pursuant to Section 32-1-204, C.R.S.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hearing dates, and date for forwarding a recommendation from
the Weld County Planning Commission are to the Board of County Commissioners, set in Weld
County Resolution 2012-1006 be, and hereby vacated.
BE IT FURTHER RESOLVED that said Service Plans be referred to the Weld County
Department of Planning Services until such time that the Service Plans are resubmitted,
pursuant to Section 32-1-204, C.R.S., or are withdrawn.
QL AcNst. UR 2012-1462
L- at-I SD0138
VACATE PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONER HEARING
DATES FOR THE REVIEW AND CONSIDERATION OF THE SERVICE PLANS FOR DRY
CREEK EAST METROPOLITAN DISTRICTS NOS. 1 -5/DRY CREEK EAST MAINTENANCE
METROPOLITAN DISTRICT
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 11th day of June,A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD
DCCOUNTY,
�COLORADO
ATTEST: •
Sean P. ay,Chair
Weld County Clerk to the Board
I. I* i i.m .Garcia,Pro-Teri
BY: �J��� �. r•.� ,.`.•
Deputy CI:!k to the Boar' R �.v++y �'�� t L—
♦ ;g
• � < •.ra Kirkmeyer /
APP V AS •
David E.Long
nt•" tomey
Douglas Rademac r
Date of signature: 6-01/-/d,
2012-1462
SD0138
C� rY EXHIBIT A
/ � L ALF TODD CREEK VILLAGE NORTH, L.P.
e 13 c/o American Land Fund Management
1001 Chestnut Street, Suite 101
Philadelphia,Pennsylvania 19107
• May 18, 2012 0 ecefive
kit N11?
VIA FEDERAL EXPRESS
Bruce T. Barker, Esquire
Weld County Attorney
1150"O" Street
Greeley, Colorado 80631
Ms. Michelle Martin
Weld County Building and Planning Department
1555 N. 17th Street
Greeley, Colorado 80631
Re: ALF Equinox Todd Creek Village North, LLC: Change of Zone Application-
Case No. PUDZ12-0001; Service Plan for Dry Creek East Metropolitan
District Nos. 1-5--Case No. 2012-XX.1; and Service Plan for Dry Creek
East Maintenance Metropolitan District—Case No. 2012-XX.2
Dear Mr. Barker and Ms. Martin:
•
I am the President of ALF Todd Creek Village North, L.P. ("ALF") a member of
ALF Equinox Todd Creek Village North, LLC. ALF Equinox Todd Creek Village North,
LLC is the "Applicant" of the above-referenced Change of Zone Application (the
"Application") and Service Plans for Dry Creek East Metropolitan District Nos. 1-5 and
Dry Creek East Maintenance Metropolitan District("Service Plans"). ALF, together with
TCVN, LLC ("TCVN"), are the sole Members of Applicant and are currently acting as
co-managers of the Applicant.
Pursuant to the Operating Agreement of the Applicant, all decisions or actions
must be made with the consent of both ALF and TCVN. Accordingly, TVCN does not
have authority, by itself, to act on behalf of the Applicant as provided in the Statement of
Authority submitted by TCVN in connection with the Change of Zone Application. We
note that no Statement of Authority was submitted in connection with the Service Plans.
We will provide appropriate Statements of Authority once we have reviewed the
Application and Service Plans.
2012-1462
PHIL1 2083040-2
Weld County Building and Planning Department
May 18, 2012
Page 2 of 2
ALF requests that the Weld County Building and Planning Department hold the
Application and Service Plans in abeyance, until further notice from ALF, and until such
time as ALF reviews the Application and Service Plans and submits amended Services
Plans, if necessary, and a signed Statement of Authority, pursuant to Section 38-30-172,
C.R.S. We understand that holding the Application and Service Plans in abeyance will
render the Application incomplete and will suspend all further events and hearing dates.
Thank you.
Very truly yours,
ALF TODD CREEK VILLAGE NORTH, L.P.
By: '/ L----- . ./ Jr4/Lyc/ice
William H. Tucker, President %
cc: Mr. George Hanlon
Peter Forbes, Esquire
Barbara Vander Wall, Esquire
Lisa A. Lori, Esquire
Ii
PHIL1 2083040-2
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