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Home My WebLink AboutR21-094 Setting Hearing Starview Realty Investments DocuSign Envelope ID:CD172430-45AD-4096-8BA1-0A858D4F6DE1 Chandler-Henry Commissioner moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2021- 094 RESOLUTION SETTING A HEARING UPON APPEAL OF DENIAL OF PETITION FOR EXCLUSION OF STARVIEW REALTY INVESTMENTS,L.P.PROPERTY FROM CORDILLERA METROPOLITAN DISTRICT WHEREAS, the Eagle County Board of County Commissioners received an appeal, attached as Exhibit A, filed by Starview Realty Investments, L.P. ("Appellant") contesting the denial by the Cordillera Metropolitan District (the "District") of a Petition for Exclusion of certain real property owned by Appellant and legally described as Lot 1 and Lot 2, Cordillera Subdivision, Filing No. 33, According to the Plat Recorded June 18, 2002, at Reception No. 799105, County of Eagle, State of Colorado (the"Property"); and WHEREAS, Colorado Revised Statutes 32-1-501(5)(b) provides that any denial of such a Petition for Exclusion may be appealed to the Board of County Commissioners of the County in which the special district's petition for organization was filed for review by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners hereby finds that Appellant's appeal was timely and properly filed, and has duly considered its statutory obligations, and does hereby conclude that Appellant's appeal regarding exclusion of the Property shall be heard. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: 1. Appellant shall file an appellate brief not to exceed twenty(20)pages in support of its Appeal on or before January 10, 2022. District shall file a brief not to exceed twenty(20) pages in response to Appellant's brief on or before February 10,2022. 2. A hearing is hereby scheduled on Monday, March 7, 2022 at 1:30 p.m. in the County Commissioners' Hearing Room, located in the Eagle County Building, 500 Broadway, Eagle,CO, 81631. 3. Pursuant to Colo. Rev. Stat. 32-1-501(5)(b), the hearing will be on the record and no new facts or evidence will be presented or introduced by either party. At the hearing, Appellant will be entitled to a fifteen (15)minute oral argument consisting of a presentation of the appeal. The District will be entitled to a fifteen(15)minute response. 4. At the hearing, the Board of County Commissioners shall consider the parties' DocuSign Envelope ID:CD172430-45AD-4096-8BA1-0A858D4F6DE1 stipulated record which was received in conjunction with Appellant's Notice of Appeal, the arguments of the parties, and any questions posed by the Commissioners for clarification. The Board of County Commissioners shall apply the statutory criteria contained in Colo. Rev. Stat. § 32-1-501(3)in considering Appellant's appeal. MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 7th day of December ,2021. COUNTY OF EAGLE, STATE OF h`�' ov EAG4er COLORADO,By and Through Its (z BOARD OF COUNTY COMMISSIONERS ATTEST: co / -DocuSg '' ned by: FRAUD DocuSignedby: �'t/�ilndl (¢►�Vic,ln By: saux, Clerk to itre-BVA1itV140 Matt Sch 81E71320718E0473... County Commissioners Chair —DocuSigned by: 176.9 Jeanne 1\2.Q @�rli w447A... Commissioner`��` p—DocuSigned by: Kathy Chi@ ' Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Aye This resolution passed by 3'O vote of the Board of County Commissioners of the County of Eagle, State of Colorado DocuSign Envelope ID:CD172430-45AD-4096-8BA1-0A858D4F6DE1 EXHIBIT A NOTICE OF APPEAL DocuSign Envelope ID:CD172430-45AD-4096-8BA1-0A858D4F6DE1 MI attorneys and counselors at law 13RIAN W.BEVAN October 7, 2021 ATTORNEY OFFICE:(970)949-4200 FACSIMILE:(970)797-1892 Via: U.S. Certified Mail and E-mail FM AIL:Brian1a VailVallcylaw.nct To: Eagle County Board of County Commissioners P.O. Box 850 500 Broadway Eagle, CO 81631 eagleadmin@eaglecounty.us Re: Notice of Appeal of Denial of Petition for Exclusion From Cordillera Metropolitan District Dear Eagle County Board of County Commissioners ("BoCC"): This letter shall provide timely notice of appeal of the decision of the Board of Directors for Cordillera Metropolitan District ("CMD") denying the exclusion of certain real property from CMD's boundaries. Appeal is hereby made pursuant to §32-1-501, et seq., C.R.S. (the"Exclusion Statute")and, specifically, §32-1-501(5)(b)(1). Factual and Procedural Background The Petitioner is Starview Realty Investments, L.P. ("Starview"). Starview owns contiguous parcels of land located on the outskirts of CMD's boundaries. The parcels are legally described as Lot 1 and Lot 2, Cordillera Subdivision, Filing No. 33, According to the Plat Recorded June 18, 2002, at Reception No. 799105, County of Eagle, State of Colorado (collectively,the"Property"). Pursuant to the Exclusion Statute, an owner of property within a municipal district may petition the Board to exclude its property from the district. Starview initiated that process by submitting its petition for exclusion to CMD's Board through its counsel.Notice of the petition for exclusion and notice of the scheduled meeting to hear the petition for exclusion were properly published. Petitioner, through undersigned counsel, presented its case to CMD's Board concerning the reasons the Property should be excluded at a meeting held on July 9, 2021. Petitioner analyzed and applied the statutory criteria for exclusion of the Property required in §32-1-501(3)(a) — (h), C.R.S. to justify why the Property should be excluded. CMD, DocuSign Envelope ID:CD172430-45AD-4096-8BA1-0A858D4F6DE1 Stovall Associates,P.C. Re: Starview Appeal October 7,2021 Page 2 of 3 through counsel, then made its own presentation on why the Property should not be excluded from CMD's boundaries. After each presentation, the CMD Board allowed for public comment from CMD property owners. No property owners objected to exclusion of the Property from CMD's borders.After public comment,the CMD Board took the matter under advisement to make its decision at its next regularly scheduled meeting on September 10, 2021. The Board opened its September 10th meeting and voted to deny Starview's petition for exclusion.This appeal follows. Appeal of the CMD Board's Decision and the Record On behalf of Starview, undersigned counsel hereby appeals the CMD Board's decision to deny exclusion of the Property from its boundaries. The Exclusion Statute provides that the BoCC shall consider the factors set forth in §32-1-501(3)(a)—(h), C.R.S. and make a determination whether to exclude the Property from CMD's boundaries. Provided with this notice are the following developed at the July 9th meeting: • A copy of the transcript of the July 9,2021,Meeting; • A copy of the Petitioner's Power-Point presentation made to CMD's Board on July 9, 2021; • A copy of the Petitioner's exhibits for the July 9, 2021,hearing which include the following: Exhibit #1 (CMD Resolution Approving the Exclusion of Timber Springs), Exhibit #2 (Eagle County District Court Opinion Regarding Mr. Rothkop's Exclusion), Exhibit #3 (Colorow Road Agreement with Colorow Homeowners Association for Lot 1 and Lot 2), and Exhibit #4 (Snowplowing Agreement); • A copy of CMD's Power-Point Presentation made to CMD's Board on July 9, 2021; • A copy of CMD's exhibits for the July 9, 2021, hearing which include the following: Complaint from District Court Case No. 2007CV444; Order to Dismiss in Case No. 2007CV444; Complaint from District Court Case No. 2013CV177; Order Partially Granting Motion to Dismiss in Case No. 2013CV177; Findings of Fact,Conclusions of Law,and Judgment in Case No.2013CV177;Opinion in Case No. 2018CA2395. The July 9, 2021,meeting was held via Zoom and was recorded. Undersigned counsel is happy to work with CMD's counsel to produce that recording. Instructions Regarding Future Procedures The Exclusion Statute does not provide details regarding procedure(s)for Starview's appeal of CMD's decision. However, it has been our experience that the BoCC may desire that the parties brief the matter and hold a hearing to help the BoCC ultimately reach its DocuSign Envelope ID:CD172430-45AD-4096-8BA1-0A858D4F6DE1 Stovall Associates,P.C. Re: Starview Appeal October 7,2021 Page 3 of 3 decision.Please contact me regarding the BoCC's desired procedure for certification of the record in the underlying CMD July 9th hearing,and the BoCC's further procedure for setting a briefing schedule and hearing. Very truly yours, STOVALL ASSOCIATES,P.C. Brian W. Bevan, Esq. Enclosures cc: Alan Pogue, Esq. (Counsel for CMD,via e-mail); Beth Ayres Oliver(Counsel for BoCC,via e-mail) ■