HomeMy WebLinkAbout20200430.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SERVICE PLAN, MET19-0003, FOR
PROPOSED DRY CREEK METROPOLITAN DISTRICT NO. 1 -ALF EQUINOX TODD
CREEK VILLAGE NORTH, 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, pursuant to C.R.S. §32-1-204, a Service Plan concerning the proposed
Dry Creek Metropolitan District No. 1, was filed with the Board of County Commissioners, and
WHEREAS, on November 20, 2019, by Resolution #2019-4840, the Board of County
Commissioners scheduled a public hearing on the Service Plan to be held at 10:00 a.m. on
January 29, 2019, 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 December 13, 2019; 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 C.R.S. §32-1-202(1) and
§32-1-204(1), and
WHEREAS, the Weld County Planning Commission considered the Service Plan at its
meeting on January 7, 2019, and continued to January 21, 2020, at which time the Planning
Commission forwarded a favorable recommendation to the Board of County Commissioners at
its hearing on this matter, as required by C.R.S. §32-1-204(2), and
WHEREAS, the Board did, on January 29, 2020, 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 C.R.S. §32-1-203, at which hearing
all interested parties were afforded an opportunity to be heard, and the matter was continued to
February 12, 2020, to allow the applicant additional time to accomplish necessary meetings with
the City of Fort Lupton and the Todd Creek Village Metropolitan District regarding
intergovernmental agreements for the provision of sewer service, and
WHEREAS, on February 12, 2020, the Board was presented with a letter, received
February 5, 2020, from the applicant requesting the withdrawal of the Service Plan, stating they
planned on re-submitting once they have had enough time to re-evaluate and resolve any of the
outstanding issues; however, the applicant's representative appeared at the hearing and
acknowledged that the withdrawal request had not yet been accepted and requested a
continuance instead, at which time the Board deemed it advisable to continue the matter to
October 28, 2020, at 10:00 a.m., and
ptbek5110 , love owl / OA) ► E lLI
( i APPL PPPL 1 P
tZ/22JZi 2020-0430
SD0143
SERVICE PLAN FOR DRY CREEK METROPOLITAN DISTRICT NO. 1 (MET19-0003) - ALF
EQUINOX TODD CREEK VILLAGE NORTH, LLC,
PAGE 2
WHEREAS, on October 28, 2020, the Board held another public hearing to consider the
Service Plan concurrently with PUDZ18-0006; after consideration of all testimony and other
evidence presented to the Board in this matter, the Board denied the application to rezone the
property in case PUDZ18-0006, which resulted in the Board finding there was no need for the
Service Plan, which was proposed for the sole purpose of serving the proposed Planned Unit
Development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the proposed Service Plan, MET19-0003, for Dry Creek
Metropolitan District No. 1, be, and hereby is, denied
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of October, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 'LLnJ ..J1�/,4.44 Pas
Mike Freeman, Chair
Weld County Clerk to the Board /
Stev;' Moreno, Pro-Tem
BY:
ty Clerk to the Board ` ' IL
Vic. t K. James
APP ED
6)":',=-f45&':/ rbara Kirkmeyer
Cou Attorney ' )( ` � ECUSED
• Kevin D. Ross
Date of signature: ( t I (319-0
2020-0430
SD0143
Hello