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HomeMy WebLinkAboutR02-083 Service Plan for Crown Mountain Park and Recreation Special DistrictC, C '� Commissioner moved adoption of the f6filowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - AUTHORIZING THE APPROVAL OF THE SERVICE PLAN FOR THE CROWN MOUNTAIN PARK AND RECREATION SPECIAL DISTRICT AND DENYING AND GRANTING CERTAIN EXCLUSIONS FROM THE SPECIAL DISTRICT WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S., as amended, the Organizing Committee for the proposed Crown Mountain Park and Recreation District (hereinafter "District ") filed a Service Plan with the Eagle County Clerk and Recorder on April 5, 2002; and WHEREAS, the Eagle County Clerk and Recorder on behalf of the Eagle County Board of County Commissioners (hereinafter "Board ") reported the filing to the Division of Local Government; and WHEREAS, on April 23, 2002, the Board referred the Service Plan to the Eagle County Roaring Fork Planning Commission for its consideration and recommendation; and WHEREAS, on May 2, 2002, the Eagle County Roaring Fork Planning Commission held a hearing on the proposed service plan and recommended approval of the plan with conditions; and WHEREAS, on May 14, 2002, the recommendation of the Eagle County Roaring Fork Planning Commission was presented to the Board and the matter was set for a public hearing on June 4, 2002; and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board held a public hearing on the Service Plan of the proposed Crown Mountain Park and Recreation Special District on the 4" day of June, 2002 and on the 18 " day of June, 2002 (hereinafter "Hearing "); and WHEREAS, Notice of the Hearing was duly published four times in the Eagle ValleyEnterprise a newspaper of general circulation within Eagle County, on May 9, May 16, May 23 and May 30, 2002 as required by law, and Notice was forwarded to the Petitioner, the Division of Local Government, and the governing body of each municipality and special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed District; and WHEREAS, the Board has considered the Service Plan, the recommendations of the Eagle County Roaring Fork Planning Commission and all other testimony and evidence presented at the Hearing; and WHEREAS, the requests for exclusions from the District were considered prior to a vote being taken upon a resolution approving the Special District pursuant to C.R.S. § 32 -1- 203(3.5) and no parties filing a request for exclusion appeared at the hearing; and WHEREAS, the requests for exclusions of the parcels of land identified on Exhibit "A" attached hereto should be denied; and WHEREAS, the requests for exclusions of the parcels of land identified on Exhibit `B" attached hereto should be granted due to compliance with the criteria set forth in C.R.S. 32 -1 -307; and WHEREAS, it appears that the Service Plan should be approved with certain conditions or modifications as set forth in the addendum to the service plan which has been accepted by the organizing committee for the District and which is attached hereto as Exhibit "C "• and WHEREAS, additional conditions of consent from the Mid Valley Metropolitan District, an over - lapping district pursuant to C.R.S. 32 -1 -107, are hereby attached hereto as Exhibit "D" and are incorporated into the Service Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: ' Section 1. That the Board does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the proposed Crown Mountain Park and Recreation District have been fulfilled and that Notice of Hearing was given in the time and manner required by law. Section 2 . That the Board does hereby find and determine that: (A) There is sufficient existing and projected need for organized service in the area to be served by the proposed District; (B) The existing service in the area to be served by the proposed District is not G'11 C adequate for present and projected needs; (C) Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi - municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (D) The proposed special District is capable of providing economic and sufficient service to the area within its proposed boundaries; (E) 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; (F) The facility and service standards of the proposed District is compatible with the facility and service standards of each county within which the proposed District is to be located and each municipality which is an interested party; (G) The proposal is in substantial compliance with a master plan adopted pursuant to section 30 -28 -106, C.R.S.; (H) The proposal is in compliance with any duly adopted county, regional, or state long -range water quality management plan for the area; and (1) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 3. That upon review of the requests for exclusion from the Special Distric, those properties listed in Exhibit "A" attached to this Resolution and incorporated herein, such requests are hereby denied. Section 4 . That upon review of the requests for exclusion from the Special District, those properties listed in Exhibit `B" attached to this Resolution and incorporated herein, shall be excluded from the Special District, if it is formed, based upon the finding that the properties meet the criteria set forth in C.R.S. 32 -1 -307. Section 5. That the Service Plan of the proposed Crown Mountain Park and Recreation District is hereby approved with the addition of Exhibits "C" and "D ". Section 6. That a certified copy of this Resolution be filed in the records of Eagle County and submitted to the Petitioners for the purpose of filing in the District Court of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at is regular meeting held the day of June, 2002. r ATTEST; COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OUNTY COMMIS ONERS By: 0 - - �rt 6 Michael L. G allagher, C an Tom C. Stone, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Chairman Gallagher _ Commissioner Menconi Commissioner Stone _ This Resolution passed by y vote of the Board of County Commissioners of the County of Eagle, State of Colorado. C 9 EXHIBIT "A" REQUEST FOR EXCLUSION DENIED BY EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Crown Mountain Park and Recreation District Name of Owner(s)/ Petitioner(s) Property Location by Tax Schedule Numbers 1. Dan and Lynn Levinson 2. James L. Cotherman 3. Gerald R. Terwilliger and Anna M. Naeser 4. Mary Gail Caruso 5. Basalt Highlands Homeowners Association 6. Nichols Family Trust 7. Verona Associates R052590 R052592 R052587 R052591 R052586 R052589 R052585 R052584 R052588 R025940 R043087 R043088 R043089 R043090 R043091 R043092 R629152 R028491 R630004 R031889 R031890 R031891 C C 1 ON 1 11 1 .9 Td . REQUEST FOR EXCLUSION GRANTED BY EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Crown Mountain Park and Recreation District Name of Owner(s)/Petitioner(s) Property Location by Tax Schedule Numbers 1. Arthur Bowles R602360 2. Jacque and Jill, LLLP R041900 3. Nichols Family Trust R045306 R048533 R029221 R020764 C < EXHIBIT "C" ADDENDUM To the Crown Mountain Park and Recreation District Service Plan June 13, 2002 This addendum is provided to the Eagle County Commissioners, the Pitkin County Commissioners, and the public at large, to acknowledge and record those conditions of approval imposed by the Eagle County Commissioners pursuant to their approval of the Service Plan. Accordingly, the following conditions are accepted by the District Organizing Committee and are hereby incorporated into the Crown Mountain Park and Recreation District Service Plan: The District Organizing Committee has obtained a letter from the Roaring Fork Open Space and Parks District approving the formation of the Crown Mountain Park and Recreation District. This letter is attached hereto and titled Attachment 1. The District Organizing Committee has obtained a letter from the Mid - Valley Metropolitan District approving the formation of the District with conditions that are acceptable to Eagle County and the District. That letter is attached hereto and labeled Attachment 2. In addition the District Organizing Committee has obtained a letter from the Holland Hills Metro District approving the formation of the District with conditions. That letter is attached hereto and labeled Attachment 3. 2. The District Organizing Committee acknowledges and agrees that the PUD for the Mount Sopris Tree Farm, which was adopted by Eagle County in 2001, will be the guiding document for future development of the property. Should the District be formed, the District will undertake a review of the PUD with the objective of making the District's development plan consistent with applicable design criteria, standards and requirements in the PUD. 3. Service Plan Section VI (g) (middle of page 17) makes reference to the following: "...expenses ... may include the following: • Planning for use of buildings • Design and engineering for building redevelopment • Remodel addition or other redevelopment of buildings • Development of other facilities not anticipated by the Master Plan " The District hereby amends the Service Plan to remove the last two of the above bullet points. 4. If Pitkin County fails to approve the Service Plan, any approval by Eagle County will be null and void. 5. The acreage of the property is hereby amended to be 124.31 acres. All and any references to the size of the property in the Service Plan are hereby amended to this figure. 6. The District hereby agrees to enter into Intergovernmental Agreements with adjacent, overlapping or interested jurisdictions regarding matters of mutual interest. Specifically, the District will enter into such IGA's or leases as required by Eagle County to address issues raised by the Service Plan. The District further agrees that an IGA with Eagle County governing the election process will also be necessary. C 7. The map, which is attached hereto as Attachment 4, is hereby amended to reflect the exclusions approved by the Eagle County Board of County Commissioners and those properties within Eagle County which may be subject to exclusion should they meet the criteria of C.R.S. 32 -1 -307. The Organizing Committee or the District, if formed, shall comply with C.R.S. 32 -1 -307. C J ROARING FORK OPEN SPACE, PARK AND RECREATION DISTRICT 811 Blake Avenue Glenwood Springs, Colorado 81601 (970) 9x5.8571 June 3, 2002 VIA RAND DELIVERY Board of Comity Commissioners :Eagle County P.O. Box 850 Eagle, CO 81631 Re: Consent to the Formation of the Crown Mountain Park and Recreation District Dear County Commissioners: As Secretaly-Treasurer of the Roaring fork Open Space, Park and Recreation District ( "Roaring Fork"), I am writing to express the Board's consent to the formation of the proposed Crown Mountain Park and Recreation District ( "Crown Mountain"). Crown Mountain is an "overlapping district" under C.R.S. §32- 1- 107(3)(a), whose service plan is subject to the approval of the Roaring Fork Board of 'Directors. However, Roaring Fork is satisfied that Crown Mountain will not duplicate or interfere with any improvements or facilities already constructed or planned to be constructed by the Roaring Fork Board within the Roaring Fork ;service area. We therefore consent to the formation of the Crown Mountain Park and Recreation District. Very truly yours, Roaring Fork Open Space, Park and Recreation District By. -J - Ch• . Willman, Socretaay- Treasurer Following are the final terms and conditions f0- approval of the Crown Mountain Park & Recreation District ( "Park & Recreation District") adopted by the Board of County Commissioners ofEagle County forthe benefit ofthe Mid Valley Metropolitan District ("MVMD'), which, pursuant to C.R.S. § 32- 1- 107(3)(b)(M, has consented to the formation of the Park & Recreation District: 1. The Park & Recreation District shall consult with MVMD a referral agency on any purchase, or acquisition by condemnation, ofproperty or easements, or on the construction of any capital improvements within. MVMD's boundary, within any areas being considered by MVMD for inclusion (and which have submitted a Petition for Inclusion pursuant to C.R.S. § 32 -1 -401), or within one (1) mile of 1V1VMD's boundary. 2. The Park & Recreation District will not object, and will consent, ifsuch consent is necessary, to the approval of a service plan for and the development of active -recreation sites and facilities by MVMD within MVMD's boundary. MVMD will consult with the proposed Park & Recreation District prior to filing any service plan and Will attempt to avoid the creation of redundant services; provided; however, MVMD retains sole discretion as to its final service plan. 3. Upon formation, the Board of Directors of the Park & Recreation District shall enter into an intergovernmental agreement with the Board of Directors of MVMD and the Board of County Commissioners of Eagle County. The two Districts and Eagle County shall work together to develop terms and conditions for the intergovernmental agreement that are acceptable to both Districts and Eagle County, and which will serve the purposes of avoiding the provision ofredundant services and ensuring continued communication and cooperation between the Districts and Eagle County. The terms and conditions ofthe intergovernmental agreement, unless otherwise agreed to, shall be generally consistent with these conditions of approval. in the event of any dispute arising during the negotiation of terms and conditions for the intergovernmental agreement, the dispute shall be resolved by Eagle County which shall act as the final arbiter of any such dispute. Once entered, if any provisions) of the intergovernmental agreement contradict or vary from any of MVMD's terms or conditions for approval ofthe Park & Recreation District, the intergovernmental agreement shat l control and supercede such terms and conditions; provided, however, that all other terms or conditions shall remain in effect. Eagle County shall act as the final arbiter of any disputes concerning the implementation of the intergovernmental agreement, once entered. 4. In the event that the Park & Recreation District acquires property, in fee, for the purpose of open space (passive recreation), the Park & Recreation District agrees to provide, without land acquisition costs, easements over any properties so owned by the Park & Recreation District within the boundaries of MVMD, or over any properties so owned by the Park & Recreation District adjacent to the boundaries of MVMD, which easements are needed by MVMD for the construction of underground water and/or wastewater treatment and distribution facilities to serve the customers of MVMD. MVMD shall use reasonable CAWINDOWSWEMM. -Final C.wpd -1- 6- 14 -02; 8 ;45AM ;Robert M. Noone. P.0 ;UIUV4bbb /U fiF 4/ 4 kIJ r'`' construction method,~ to minimize the impact upon the Park & Recreation District properties duringeonstruction, andshall fiEllymitigate, byre - vegetation and othcrreasonablyneeessary actions approved by the Park & Recreation .District, the damage caused by the installation and/ormaintenance of M.WD's water and/or wastewater treatment and distribution facilities so that the surface of the Park & Recreation District's properties are returned to their natural condition after such construction and re- vegetation. To the extent possible, all such easements shall be located along rights of way adjacent to the Park & Recreation District's properties: The location of all such easements shall be subject to the approval of the Park & Recreation District, which approval shall not be unreasonably withheld. 5. In the event that the Park & Recreation District acquires property, in fee, for the purpose of open space (passive recreation) locatedwithin or adjacent to MVMD's boundaries, and when such use is not inconsistent with the management plan for the property, the Park & Recreation District will allow the construction in reasonable locations (e.g., along the property's boundaries and/or in areas less visible to users of other parts of the property), of above -ground facilities to serve the water and/or waste water treatment and distribution needs of MVMD, such as well heads, underground storage tanks, or pump stations, but in no event shall any such above - ground facilities occupy an area greater than 2000 square feet. Such facilities shall not include a wastewater treatment plant or a water treatment plant. Such construction shall be subject to the same reasonable construction methods set forth in paragraph 4 above and shall be screened by natural vegetation or other means approved by the Park & Recreation District and Eagle County. MVMD shall be solely responsible for all construction and screening costs. There shall be no cost to MVMD for use of the land and a reasonable easement shall be granted to MVMD for construction and maintenance of such above- ground water and /or wastewater facilities as limited herein. 6. Any modification of the Park & Recreation District's Service Plan that requires County approval will again require MVMD's consent and approval pursuant to C.R.S. § 32-1 - 107(3)(b)(iV); provided, however, that MVMD will not object to amodification of the Park & Recreation District's service plan to provide recreation services or recreation facilities not then provided by MVMD or intended to be provided by MVMD in the near future. 7. Subject to the same terms and conditions of Condition No. 4, MVMD agrees to provide to the Park & Recreation District an casement forpark and recreation purposes, as needed, over property that is owned by MVMD in fee. The location of al l such easements shall be subject to the approval of MVMD, which approval shall not be unreasonably withheld. CAWINDOWSWEW -Final C.wpd —2— # 2/ 5 PATRICK, MMLER & KROPF, P.C. Attorneys at Law Maff, 091cX }=,waicrjaw.com _ 730 B. DorantAvc. Suite 200 ' .Aspen, CO 61611 970.920.1028 Tcl 970.925,W7 rax ,Tune 18, 2002 Robert M. Noone, Esq. Robert M:, Noone, P.C. P,O, Box 39 Glenwood Springs, CO 81602 Re: Crown Mountain Park & Recreation District Dcar Bob: Mona ice 310 S. Mill Ave, suite 200 TeMpe,AZ 9981 480.921.4044 Tel 480921.8688 Fax On behalf of the .11oJland Hills ].Metro District and its Board of Directors, this letter serve's as consent to the formation of the Crown Mountain park & Recreation District upon the same or substantially similar terms RMd conditions as approved by the Mid Valley Metropolitan District, attached hereto. Very truly yours, PATPJCK, MILLER & KROPF, P.C. A Professional Corporation By: Scott C. Miller miller ,waterlaw.cym SCM/sip cc w /enc.: Kent Schuler Gary Beach 17ocunlcnt2 6- 18 -02; 8:58AM;Robert none. P.0 ;9709455570 # V 5 06/28/02 1 16 :d9 PAX 970 963 8015 MAIL BOXES ETC w ✓ vZ 0601 al lley Wropoletan District 0051 x ane, Suite A -Basalt. CO 61621 -9359 Phone: (9713) 927 -4077 o Fax (970) 927 -1017 May 23_2002 • Board of County Commissioners ROS&Ir Fax N,49 7671 oate zo �► Eagle Cotlnry P.O. Box 850 . c° co. Eagle, co 81631 Pnw% v QQ� �� /••.' �`�,,,, Re: Q_0Wn .MO�' Lr U Park RecreaLLWA Mid Valley 111etranpl�taa Diet Revised CWM= — _ , "c Board �- ' Dta O irOLViCy Ca rt11Q13Ssio nersi • r •ra:.w . -• u..• . wit . , .. .. . We. the Board of Directors of the Mid Valley► hfetropolimn- District (hereinaRet• "71rjVMD �), are contacting you 1ega•ding Eagle County's consideration of the Cr Mountain Park and Recreation District. (h er einafter "Park and Recreati District ") S erV' ice Plan. .A you are aware. Part of the proposed Park and Recreation District overlaps MVMD's legal boundary. MVhW is a maropolitan district with recreational powers, AllrhouffA MV= does not curret ly ererL-Ise its recreational powers, it may do so in the future_ .Because the proposed Park and Recreation District is partially located within &VJrN D`s boundary, it is an "overlapping dasttia under C - R.S.- 6 32- 1.- 107(3)(a). Therefore, the Crown Mountain Park and Recreation District's proposed service plan and proposed overlapping recreational ,powers and services are subject to and taust receive the approval of :�4'VMD "s B�tard of Directors (the "Board" ). C. )( R.S. § 32- 1- 107(3)(h V). Pursuant to a referral from cite e County Conntnunity Development Deparuneitt, on April 24, 2002.MyhM submitted its cour=ts and proposed conditions Of approval for the laid Valley Park and Rec=eadoa District (sow known as the Crown Mountain Park and Recreation District)_ After having the oppormnily w consult �Vil members afi the proposed Crown Mountain Park and Recreation District erg ' , crs, :'gVMD requests that the following revised terms be made; conditions o of. a din le,Co ' 's a . �4opt i:3 - Park - and Re Ciiuw rrea D>sfnct's' serviceplan; 'w "�- � :,� zb • - I rich crions sh ' those I mentioned in the April 24 letter. upercede I. The Park and Reareadon. Shan consult with MVMD as areferral ageticy on any puxc ase, or acquisition by tender =#fort, Ofprpp�, or easments, or on the construction of any capita itlaprovegn=ts witliin MVMD 's boundary, within aqy areasbemg eomidmned by MVMD for inclusion (and which have submitted a petition for Inclusion pursuant to C.iZS. $ 32_1 -40 1), or within one (1) mite df MVMD's boundary. 1 2. 1 1 The Park and Recreation District will not object, and will consent, if such COr,SerG is necessary►, to t16o approval of a service plan for and the development of active recreation sites and facilities by l rJyNID within ?+aVMD's bogy. MVMD will consult with the proposed Park and Recreation District prior to filing any Service plan and will attempt to avoid tae creation of reduodarle services; provided, howover, MVMD retains sole discretion as to its final service plan. m 6- 18 -02; 8:58AM;Aobert none, P.0 V NI t n n. v • �+ � . w. .05/28/02 TM 18.60 M 970 963 8015 IdA.XL 80X99 ETC ;9709455570 .VV # 4/ 5 � OOE MID VAUXY METROPOLITAN I)NTR[CT Board of County CommissioneTs of Eagle County Page 2 May 23, 2002 3. Upon formation, the Board of Directors of the Park and Recreation District shall Onter into au intergovernmental agreement with the Board of Directors of MVMD. The two Districts sball work together to develop terms and conditions for the imergovetnmentsl agreement that are acceptable to both Districts, and which will serve ma purposes of avoiding the provision of re dLMdant services and ensuring continued communication and cooperation between the Districts, 4. In the event that the Park and Recreation Distxiet acquires property far the purpose of Open space (passive recreation), the Park and Recreation Diadat agrees to provide, Without land acquisition costL -easements ovecsny, Propor�0 oWmed„by flap Pa#,aad �2�rtEati District within thi boundaries of MVMD, or over any properties owned by the Park and )Recreation District adjacent to the boundaries of MVMD, which easements are needed by MVMD for the construction of underground water and/or wastewater teeamient and distn - bution facilities to serve the customers Of MVMD, MVMD. shall use reasonable construction methods to minimize the impact upon the Park and Recreation Distract properties during construction, and shall tally mitigate, by re- vegetation and Other reasonably necessary actions approved by the park and Recreation District, the damage caused by the installation and/or maintenance of )AY ND's water and/or wasmwater treatment and distribution facilities so that the surface of the Park and Recreation District's properties are returned to their natural condition aftef such construction and revegetation. To the extent possible, all such easements shall be located along rights of way adjacent to the Park and Recreation District's properties, 5. Zn the event that the Park and Recreation District acquires property for the putpose of open space (passive recreation) located within or adjacent to MVMD's boundaries, and when such use is not inconsistent with the management plant for a property, the Park and Recreation District will 2 low the consuixtiop, in reasonable onable locations (e.g. along the property's boundaries and /or in areas less visible to users of other parts of a property), of above -grrnmd utilities to serve the water and /or wastewater treatment and distribution needs of MVUD. Such construction shall be lubjec , to the same reaMOri WO Construction methods set;. orth:in paragraph -the ,abc►ve_and -shall -be screened by natural vegetation or other means approved by fae Park and IRecread= Dztdct. MVMD shall be solely responsible for all construction and screening costs.. There shall be no cost to MVMD for use of the land and a reasonable easement shall be granted. to MVMD for construction and maintenance of such aboveground water and/or wastewater facilities, 6. Any modification of the Park and Recreation District's Service Plan that requires County approval will again require MVMD's consent and approval pursuant to C.R.S. § 32-1 - I07(3)(b)(1V), The MVAM Board of Directors will not approve of the proposed Park and Recreation District unless the terms listed above are included as part of the Counts► Comrnissionces' conditional approval of the Crown )4onnnin Park and Recreation District's service plan_ 6-18-02; 8:58AM;Robert 1 , 4 oone, P. C 05/28/02 TUE 16:5o M 970 903 8015 ;9709455570 # 5/ 5 MAIL BOXES BTC Q1003 WD VALLEY MROPOUNAN DISMCr Board Of COUMY Conunissioners of Eagle County Page 3 May Z3, 2002 On behalf Of The Mid Valley MeEropaiitan'District Board of Directors, thank you for your comideration of those issues. Please contact us if you have any questions regarding tbkmaue;r, 'Very 'truly yours., MW YALILEY UM11"IZOPOLITAN DISTRICT J71 Theodore K. Guy 411 F6 crt Clark Ser-remy cc; Board of Mroctors, Mid Valley Metropolitan District LOW E. LeaVenworth, Fiq, Louis Meyer, P.R. Board Of County Cummissioafts of Piddu County Robert U. Noone, Esq. Mark Fuller