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File #: RES 2025-032    Version: 2 Name:
Type: Resolution Status: Passed
File created: 2/18/2025 In control: Town Council
On agenda: 3/4/2025 Final action: 3/4/2025
Title: Resolution Approving the Consolidated Service Plan for Brickyard Metropolitan District Nos. 1-3; and Authorizing the Execution of an Intergovernmental Agreement by and Among the Town of Castle Rock and Said Districts
Attachments: 1. Resolution, 2. Attachment B - Brickyard Metropolitan District Nos. 1-3 Consolidated Service Plan, 3. Attachment C - Certificate of Mailing and Publication Re Notice of Hearing, 4. Presentation

To:                     Honorable Mayor and Members of Town Council

 

Through: David L. Corliss, Town Manager

 

From:                     Michael J. Hyman, Town Attorney

 

Title

Resolution Approving the Consolidated Service Plan for Brickyard Metropolitan District Nos. 1-3; and Authorizing the Execution of an Intergovernmental Agreement by and Among the Town of Castle Rock and Said Districts

Body

________________________________________________________________________________

 

Executive Summary

 

Brickyard Metropolitan District Nos. 1-3 (the “Districts”) are seeking approval from the Town Council for their Consolidated Service Plan under the provisions of the Special District Control Act, §§ 32-1-101, et seq., C.R.S., and Chapter 11.02 of the Castle Rock Municipal Code. The Districts are located on the former site of the Acme Brick Company, on approximately 32 acres of land at 401 Prairie Hawk Drive (the “Property”).

 

Background

On February 18, 2025, the Town Council for the Town of Castle Rock (the “Town”) adopted the following ordinances:

 

(i)                     Ordinance No. 2025-007 amending the Town Zone District Map by approving the Brickyard Planned Development Plan and Zoning Regulations (the “Planned Development Plan”) to govern the future development of the Property; and

                     

(ii)                      Ordinance No. 2025-008, approving the Brickyard Development Agreement (the “Development Agreement”) between the Town and CD-Acme, LLC (the “Owner”), and vesting the Planned Development Plan as a site-specific development plan through and including March 1, 2045.

 

Section 3.01 of the Development Agreement acknowledges the Owner’s intent to form one or more metropolitan districts, and to submit a request to the Town for the review and approval of a service plan for such districts. The Property is wholly located within Town boundaries, thereby giving the Town Council the requisite jurisdiction under Section 32-1-204.5, C.R.S., to review any service plan submitted for the Property.

 

Discussion

 

Special District Control Act

 

Prior to the organization of a special district, a service plan must be submitted to the proper authority for review and approval. For those districts wholly contained within the boundaries of the Town, the approving authority is the Town Council. A public hearing on the service plan must be conducted by the Town Council and a decision made based solely upon the service plan and evidence presented at the hearing. Any decision of the Town Council approving the service plan must be memorialized in a resolution.

 

Model Service Plan

 

In preparing their Consolidated Service Plan, the Districts have agreed to substantially adhere to the Town’s Model Service Plan, as approved by the Town Manager. Key features of the model service plan include the following:

 

                     A district must enter into an intergovernmental agreement with the Town relating to the limitations imposed on a District’s activities by the plan.

                     A district is subject to maximum debt service mill levy of 50 mills and overall property tax mill levy of 60 mills.

                     A district is subject to a maximum debt service mill levy imposition term of 35 years on any single property.

                     A district cannot issue or refinance debt without first submitting the proposed financing for Town review and comment.

                     A district is required to impose a Regional Mill Levy of five mills on all of the property located within its boundaries, the revenues from which shall be remitted to the Town.

 

 

Legal Standard

 

 

Under the Special District Control Act and the Town Code, at the public hearing, evidence satisfactory to the Town must be presented that:

 

                     There is sufficient existing and projected need for organized service in the area to be serviced by the Districts;

                     The existing service in the area to be served by the Districts is inadequate for present and projected needs;

                     The Districts are capable of providing economical and sufficient service to the area within their proposed boundaries;

                     The area to be included in the Districts does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis;

                     Adequate service is not, and will not be, available to the area through the Town, Douglas County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis;

                     The facility and service standards of the Districts are compatible with the facility and service standards of the Town;

                     The Service Plan is in substantial compliance with the Town’s Comprehensive Master Plan;

                     The Service Plan is in compliance with any duly adopted Town, regional or state long-range water quality management plan for the area; and

                     The creation of the Districts is in the best interests of the area proposed to be served

 

With respect to the approval of new service plans a Town Council has the following authority under the Special District Control Act and the Town Code:

 

                     To approve the service plan without condition or modification

                     To disapprove the service plan

                     To conditionally approve the service plan subject to the submission of additional information or the modification of the proposed service plan

 

 

Staff Recommendation

 

Town Staff submits that the Consolidated Service Plan for the Districts satisfies each of the evidentiary requirements set forth in the Special District Control Act and the Town Code. 

 

Proposed Motion

 

“I move to approve the Resolution No. 2025-___ as introduced by title.”

 

Alternate Motion

 

“I move to approve the Resolution No. 2025-___ as introduced by title, with the following conditions: _______________.”

 

“I move to continue this item to the Town Council meeting on __________.”

 

Attachments

 

Attachment A - Resolution

Attachment B - Brickyard Metropolitan District Nos. 1-3 Consolidated Service Plan

Attachment C - Certificate of Mailing and Publication Re: Notice of Hearing