HomeMy WebLinkAbout20060794.tiff RESOLUTION
RE: ACCEPT REQUEST OF MELODY HOMES, INC., DBA D. R. HORTON - MELODY
SERIES, TO WITHDRAW APPLICATION FOR SPECIAL DISTRICT SERVICE PLAN
FOR ADLER ESTATES METROPOLITAN DISTRICT AND VACATE HEARING DATE
OF MARCH 27, 2006
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,by Resolution #2006-0147, the Board of County Commissioners deemed it
advisable to set a hearing date of March 27,2006,at 9:00 a.m.,for the Special District Service Plan
for Adler Estates Metropolitan District, with such hearing date to be confirmed by the Board on
March 13, 2006, at 9:00 a.m., and
WHEREAS, the Board has been presented with a letter from the applicant, dated
February 17,2006, requesting the withdrawal of the application due to the applicant no longer having
a contract to purchase the Adler Estates property, on the following described real estate, to-wit:
Part of the E1/2 of Section 33, and part of the
SW1/4 of Section 34, all in Township 3 North,
Range 68 West, of the 6th P.M., Weld County,
Colorado
WHEREAS,the Board of County Commissioners deems it advisable to accept said request
for withdrawal, and vacate the hearing date of March 27, 2006, at 9:00 a.m.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Melody Homes, Inc., dba D. R. Horton - Melody Series, to
withdraw the application for the Special District Service Plan for Adler Estates Metropolitan District
on the parcel of land described above be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the hearing date of March 27, 2006, at
9:00 a.m., be, and hereby is, vacated.
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Ltll111909 04/10/2006 02:52P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2006-0794
SD0128
WITHDRAWAL OF SPECIAL DISTRICT SERVICE PLAN FOR ADLER ESTATES
METROPOLITAN DISTRICT AND VACATE HEARING DATE OF MARCH 27, 2006
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of March, A.D., 2006.
I / -OARD OF COUNTY COMMISSIONERS
N�� ,� LD COU , COLORADO
ATTEST: ' lI `'a°"% i• $� G ZJ
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Weld County Clerk to the Bo r' ' �^
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Af'a\ , cy
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David E. Long, Pro-Tem
BY: �1
D u rk to the Bdard
Wil 'am H. Jerke�f
APP ED AS TO FOR . �� � L
Robert D. Mas en
ou Attorne4
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Glenn Vaa --_
Date of signature: 2`)/O(p
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3377909 04/10/2006 02:52P Weld Count , co
2 of 2 R 0.00 D 0.00 Steve Moreno Cleryk& Recorder
2006-0794
SD0128
NOTICE
Pursuant to a letter,dated February 17,2006,Melody Homes,Inc.,dba D.R.Horton-Melody
Series,has withdrawn its Special District Service Plan for Adler Estates Metropolitan District,and
the hearing scheduled before the Board of County Commissioners of Weld County,Colorado,for
March 27, 2006, at 9:00 a.m., has been vacated.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 3, 2006
PUBLISHED: March 8, 2006, in the Fort Lupton Press
2006-0794
L
D•R•HOREON•
Afftertca-'s
Melody Series
February 17, 2006
VIA U.S.MAIL Weld
Monica Daniels-Mika County Di pe
Director GREEIEy Arrtment
Weld County Dept. of Planning Services
918 10th Street FEB 20(15
Greeley, CO 80631
ECEIVE0
Re: Adler Estates
Weld County Applications
Dear Ms. Daniels-Mika:
This letter is to formally advise you that Melody Homes, Inc., d/b/a D. R. Horton
—Melody Series ("Horton")no longer has a contract to purchase the Adler Estates
property and Horton hereby withdraws all of the planning, engineering and related work
regarding this property, to include the Adler Estates Metropolitan District Service Plan,
Final Plat, P.U.D. Final Plan.
Thank you for all your assistance in processing these plans to date. It is
unfortunate that we were not able to complete the process.
Sincerely,
Toby Terhune
Division President
Cc: Chris Gathman,Planner
Brad Mueller, Asst. Planning Director
Lee Morrison, Esq.—Asst. County Attorney
Linda Sweetman-King
11031 Sheridan Boulevard•Westminster,CO 80020•(303)466-1831•Fax:(303)466-1838
www.melodyliving.com•www.drhortoncolorado.com
1
TAiE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS {;
DIVISION OF LOCAL GOVERNMENT �"
Laval Government Services ! r,. r n •
WG'J ",
64
1313 Sherman Street,State 521 rrxu(ut
Denver,Colorado 80203 —r
Phone: (303)866.2156 I 1 C �""+— tGrans
FAX (303)886.4819. Governor
TDD: (303)8885300
MGrei L Berby
EactAve Denton
NOTICE OF FILING OF SPECIAL DISTRICT SERVICE PLAN
Pursuant to CRS 32-1-202(1), the County Clerk and Recorder and/or Clerk to the Board shall notify
the Division of Local Government within five days after the filing of a service plan for the formation
of a new special district. Please provide the information indicated and return this form to the Division
of Local Government.
Adler Estates January 5, 2006
Name of Proposed District Filing Date
Metropolitan District March 27, 2006
Type of District Proposed Date of Hearing
Weld County Centennial Center
9:00 a.m. 915 10th Street, Greeley, CO 80631
• Time of Hearing• Location of Hearing
Grimshaw and Harring, P.C.
Attn. Marrna A MrAakin (303) 839-3800
Contact Person Filing Service Plan Phone
Weld Count I r
Co it eceivmgS •
'January 5, 2006
Clerk to the Board 1 , ,/: \ Date
By.
Deputy Clerk to Or., ` .fti�I FORMDLG-60
—60
Revised 6/02
•
GRIMBHAw& BARRING}
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
t3UITE 3800
li MERITAS
WELLS FAROO CRIMPER
1700 LINCOLN STREET uwssiswouwwr
DENVER.COLORADO 80803-4538
TELEPHONE 0C131 839-3800
TELECOPIER 490311 839-3838
www.oRnaaawsAnlwc.cor
Marcus A.McAskin mcaskin@grimshawharring.com
303-839-3852 www.grimshawharring.com
December 27, 2005
VIA U.S. MAIL
Brad Mueller
Assistant Director
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Re: Adler Estates Metropolitan District
Dear Brad:
As you know,this firm represents Melody Homes,Inc.,the developer of Adler Estates,with
respect to the enclosed service plan for the proposed Adler Estates Metropolitan District.
Per your request, I have enclosed the following:
1. Twenty(20)copies of the proposed service plan in order to facilitate review
of the service plan by Weld County and appropriate referral agencies.
2. A revised timeline related to formation of the proposed district.
3. A written response to Weld County's special district policies(Article XIV),
which policies are currently in draft form.
{ Per our telephone conversation of December 22, 2005, please file one (1) copy of the
proposed service plan with the Weld County Clerk and Recorder, as required by C.R.S. § 32-1-
202(1),delivering the$500.00 check previously sent to your office to the Clerk and Recorder,which
check covers the statutory processing fee set forth in C.R.S. § 32-1-202(3).
As we have discussed, Planning Commission intends on considering the proposed service
plan on March 7, 2006, and the Board of County Commissioners intends on conducting its public
hearing on March 27, 2006.
2006-0147
5boin
Brad Mueller
December 27, 2005
Page 2
The enclosed revised timeline reflects the dates noted above,and indicates that the Board of
County Commissioners will formally set the March 27, 2006 hearing on February 13.2006,which
date will allow this office to coordinate timely publication of the notice concerning said hearing in
the Greeley Daily Tribune.
This firm looks forward to working closely with Weld County with respect to the formation
of the Adler Estates Metropolitan District.
Sincerely,
GRIMSHAW&HARRING,
A Professional Corporation
Marc . cA •
Enclosures
cc: Chris Fellows
G:\14232\2\.Mueller me Service Plan l2-27-05.wpd
ORGANIZATIONAL TIME LINE
ADLER ESTATES METROPOLITAN DISTRICT - WELD COUNTY
ORGANIZATIONAL ELECTION TO BE HELD ON MAY 2, 2006
Revised 12-23-05
TIME EVENT CITATION
August- November Draft service plan
November 30, 2005 Preliminary submittal of service plan draft to Weld
County
November 30 - Informal discussions with County staff re service plan
December 30, 2005
Draft service plan
January 5, 2006 Formal submission of Service Plan to County
File Service Plan with Division of Local Government and
office of the State Auditor
Notice of Filing of Service Plan (DLG Form 60); deliver
q- 11-tar S to DLG
. �J,
February 13, 2006 N BoCC sets hearing on service plan(the BoCC meets on 32-1-202(1)
Mondays and Wednesdays at 9:00 a.m.)
February 14, 2006 Notice of BoCC hearing is sent to newspaper (Daily
Tribune)
February 20, 2005 BoCC hearing notice published
February 24, 2006 Last day to file Self-nomination and Acceptance forms 32-1-804.3
(not less than 67 days with the District Court or stated in the Order Calling
before the election) Election
February 27, 2006 Last day to file Affidavits of Intent to be Write-In 1-4-1101
(on the 64'"day before Candidate with the District Court or stated in the Order
the election) Calling Election
March 3, 2006 Certification of ballot content 1-5-203(3)(a)
(60 days before)
— March 7, 2006 Planning Commission reviews Service Plan and makes
recommendation if required by County policy
March 17, 2006 Last day to file TABOR comments with designated 32-1-204
(45 days prior) election official 1-7-901(4)
March 17, 2006 Election judges are appointed by designated election 1-6-105(1.5)1
(no later than 45 days official
before)
March 20, 2006 Last date for proponents of a TABOR ballot issue to 1-7-903(3)
(43 days prior) submit summary of comments to designated election
TIME EVENT CITATION
official
March 23, 2006 Designated election officials of overlapping political 1-7-905(2)
(no later than 40 days subdivisions shall confer concerning the preparation of
prior) the TABOR notice
March 23, 2006 Designated election official notifies the county clerk of 1-5-303; 1-7.5-107
(no later than 40 days election and orders the initial and supplemental lists of
prior) registered voters
March 23, 2006 Designated election official notifies the county assessor 1-5-304; 1-7.5-107
(no later than 40 days of the election and orders the initial and supplemental
f Yqi prior) lists of property owners
4/ March 27, 2006 Public Hearing on Service Plan held by BOCC 32-1-204
Review and Action by BoCC; Resolution of Approval. 32-1-204(4)
An approval resolution is required.
Week of March 27, 2006 Circulate Petition for Organization 32-1-301
March 29, 2006 File completed petition, resolution of approval and
service plan
Open court file; court sets hearing on petition
April 3, 2006 Voter registration closes 1-2-201(3)
(no later than 29 days
before)
April 7, 2006 'Walk-in" balloting location opens for business hours 1-7.5-107(3)(c)
(25 days prior) and remains open through 7:00 p.m. on November 1,
2005
Last day to cancel election, thereafter publication, 1-5-208(2); 1-5-208(6)
posting, and notification of cancellation is required, if
applicable
April 7, 2006 to April 17, Designated election official mails ballots 1-7.5-107(3)(a)
2006
(25 to 15 days prior)
After ballots are mailed Replacement mail ballots may be requested anytime 1-7.5-107(3)(d)
after the ballots are delivered to electors up until 7:00
p.m. on election day
April 10, 2006 Publish notice of hearing on petition in Daily Tribune 32-1-304
April 12, 2006 The supplemental voter registration and property 1-5-303; 1-5-304; 1-
(20 days prior) ownership lists are provided to the District 7.5-107
April 12, 2006 School of instruction for all election judges is to be held 1-6-101(5)
not more than 20 days prior to each election
April 18—May 1, 2006 District Court hearing on petition for organization
TIME EVENT CITATION
April 22, 2006 Notice of Election is mailed to Clerk and Recorder 1-5-205(2)
(10 days prior)
Notice of Election is posted in office of designated 1-5-205(1.3)
election official
Counting of mail ballots may begin 1-7.5-107.5
April 28, 2006 Last day elector may request absentee ballot 1-8-104(3)
(Friday before)
May 2, 2006 Voting 32-1-103(21); 1-1-
Election Day 104(46); Part 3(a) of '
Colo. Const. Art. X,
Sec. 20
Voter may request a replacement ballot no later than 1-7.5-107
7:00 p.m.
May 2, 2006 Mail ballots, absentee ballots,and emergency absentee 1-7.5-107; 1-8-113(1);
Election Day ballots must be returned no later than 7:00 p.m. 1-8-115(1)(b)
Counting may begin by counting judges 1-7-306
Judges post abstract outside polling place 1-7-602
Judges return election materials to designated election 1-7-701
official
Week of May 8, 2006 District Court orders organization of District
Record order
June 1, 2006 Designated election official notifies the Division of Local 1-11-103(3)
(within 30 days following Government of election results
election)
June 16, 2006 The results of District ballot issue elections to incur 32-1-1101.5(1)
(within 45 days following general obligation indebtedness shall be certified by the
election) District by certified mail to the Board of County
Commissioners of each county in which the District is
located or to the governing body of a municipality that
has adopted a resolution of approval for organization of
the District. The District shall file a copy of any
certification with the Division of Securities.
June 2, 2008 End of required preservation of election records by 1-7-802
(25 months after designated election official
election)
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