HomeMy WebLinkAbout20110719 • INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Amended and Restated Case Number 2011-XX
Consolidated Service Plan for
Beebe Draw Farms Metropolitan
District No. 1 and No. 2
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Letter to Applicant
N Legal Notifications
\ 2 Application— Draft Dated Jmtuory 14,20112-12-II X
‘'`' 3 Referrals without comments N/A
‘-' 4 Referrals with comments X
Director of Finance &Administration referral dated February 7, 2011
N. Department of Public Works referral dated February 4, 2011
• N' 5 PC Exhibits NA
A
B
C
I hereby certify that the four(4) items identified herein were submitted to the Department of Planning
Services at or prior to the scheduled Planning Commissioners hearing.
Kim Ogle ❑ PlanneKi
•
2011-0719
•
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 171 Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
March 1, 2011
Beebe Draw Farms Metropolitan District 1 and 2
c/o Kristin J. Bowers
McGeady Sisneros, P.C.
450 E. 17th Avenue, Suite 400
Denver, CO 80203-1214
• Subject: Beebe Draw Farms Metropolitan District Nos. 1 and 2
Amended and Restated Consolidated Service Plan
Legal: Generally described as Lots 1-36, 37-127, 128-138, 139-151, 152-158 and 161-188
and Outlots A, 1, 2, and 3, Corrected First Filing Plat of Beebe Draw Farms and
Equestrian Center; and generally described as Sections 3, 4, 5, 8, 9, 10, 15, 16 and
17, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. A
Legal Description with greater detail is included in Exhibit A
Dear Ms. Bowers:
The Department of Planning Services has reviewed the request for comments in regard to the
submitted Amended and Restated Consolidated Service Plan for the Beebe Draw Farms
Metropolitan District Nos. 1 and 2 applications. Please consider these comments as a unified
response to the Special District Provisions. This request is scheduled before the Weld County
Planning Commission on March 1, 2011, at 1:30 p.m. The hearing will take place at the Greeley
Planning Office at 918 Tenth Street, Greeley, Colorado
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of these metropolitan districts are listed in Section 32-1-203(2) and
Section 32-1-203(2.5), C.R.S. and Section 2-14-20 through Section 2-14-70 of the Weld County
Code.
• The Department of Planning Services' staff has received responses from the following agencies:
Weld County Department of Finance, referral dated February 7, 2011
Weld County Department of Public Works, referral dated February 4, 2011
• The Department of Planning Services' staff has not received responses from the
following agencies:
LaSalle Fire Protection District
Weld County Sheriff's Office
Comment: The Department of Finance and Administration has reviewed "The Beebe Draw
Farms Metropolitan Districts 1 & 2 Amended and Restated Service Plans. The plans are being
amended to provide for changes in the structure and relationships between the districts. Key to
the change is the districts will enter into the Beebe Draw Farms Authority Establishment
Agreement (AEA). The AEA establishes processes for financing the operation and maintenance
of the existing public improvements as well as the financing, construction, and operating and
maintaining the additional public improvements, and the establishment of operations and
maintenance budgets and operating mill levies.
This development has struggled for years to create a viable community and resolve issue
between residents, owners of parcels in the development and the developers. This amendment
that has been negotiated with all parties involved appears to go a long way to resolve many past
issues and lay out a reasonable plan for the future development that will be in the best interest
of the existing residents, owners of vacant land, and the developer.
The Department of Planning Services in conjunction with the Weld County Attorney's Office and
Weld County Finance Department recommend that the Planning Commission approve the
attached Service Plan for Amended and Restated Consolidated Service Plan for the Beebe
• Draw Farms Metropolitan District Nos. 1 and 2 for the following reasons:
It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 32-1-203(2) and Section 32-1-203(2.5), C.R.S. as follows:
1. Section 32-1-203(2) states the Board of County Commissioners (BOCC) shall
disapprove the Service Plan unless evidence satisfactory to the Board of each of the
following is presented:
(a) There is sufficient existing and projected need for organized service in the area
to be serviced by the proposed special district.
The proposal identifies that except for the Districts and the Authority, there are
currently no other governmental entities, including the County, located in the
immediate vicinity of the Districts that consider it desirable, feasible or practical to
undertake the planning, design, acquisition, construction, installation, relocation,
redevelopment, financing, and operations and maintenance of the Public
Improvements needed for the Development. The utilization of the Districts is
necessary in order for the Public Improvements required for the Development to
be provided in the most economic manner possible.
(b) The existing service in the area to be served by the proposed special district is
inadequate for present and project needs.
The applicant has indicated in their application that except for the Districts and
• the Authority, there are currently no other governmental entities, including the
County, located in the immediate vicinity of the Districts that consider it desirable,
feasible or practical to undertake the planning, design, acquisition, construction,
installation, relocation, redevelopment, financing, and operations and
• maintenance of the Public Improvements needed for the Development. The
utilization of the Districts is necessary in order for the Public Improvements
required for the Development to be provided in the most economic manner
possible.
The Board of Directors of each of District No. 1 and District No. 2 have
determined that it is in the best interests of the existing residents and the owner
of the vacant land, REI Limited Liability Company (the "Developer") that the
Consolidated Service Plan be amended and restated. This Amended and
Restated Consolidated Service Plan (the "Service Plan") is necessary to provide
for changes in the structure and relationships between the Districts. The Districts
intend to enter into the Beebe Draw Farms Authority Establishment Agreement
(the "AEA") which will establish the Authority, as hereafter defined. The AEA will
establish processes for financing the operations and maintenance of the Existing
Public Improvements as well as financing, constructing, and operating and
maintaining the Additional Public Improvements, and the establishment of
operations and maintenance budgets and operating mill levies (including a
capital component) for the existing and planned Public Improvements.
Central Weld County Water District has an established Service Agreement
between the District and Beebe Draw Farms and Equestrian Center PUD.
(c) The proposed special district is capable of providing economical and sufficient
service to the area within its proposed boundaries.
• The referral dated February 7, 2011 from Don Warden, Director of Finance and
Administration states "The Weld County Department of Finance and
Administration has no objections to the amended and consolidated service plan
for Beebe Draw Farms metropolitan District No. 1 and No. 2 as presented. The
amended and consolidated service plan as proposed is consistent with the
approach that resulted from Mary Ann McGeady's efforts in working with
representatives of the community and developers to resolve some of the historic
issues associated with the two districts. Finance and Administration staff
concurs with the approach that resulted from those discussions and is
incorporated into this proposal."
The County's objective in approving the amended service plans for the districts is
to authorize the districts to provide revenues to the Authority for the purposes
authorized by the AEA. All debt issued by District No. 2 is expected to be repaid
by development fees and taxes imposed and collected for no longer than the
maximum debt mill levy imposition term and at a mill levy no higher than the
District No. 2 mill levy cap (50 mills with some stated adjustment provisions).
Debt which is issued within these parameters will insulate property owners from
excessive tax burdens to support the servicing of the debt and will result in a
timely and reasonable discharge of the debt. The plan also provides that in no
case shall the mill levies imposed by the districts for debt service and operations
and maintenance functions exceed their respective mill levy caps. The amended
plans appear to meet this objective and is consistent and in compliance with
Weld County Code Section 2-14-20 (H). The maximum debt mill levy imposition
• term is consistent and in compliance with Weld County Code Section 2-14-30."
• (d) The area to be included in the proposed special district has, or will have, the
financial ability to discharge the proposed indebtedness on a reasonable basis.
The referral dated February 7, 2011 from Don Warden, Director of Finance and
Administration states "The Weld County Department of Finance and
Administration has no objections to the amended and consolidated service plan
for Beebe Draw Farms metropolitan District No. 1 and No. 2 as presented. The
amended and consolidated service plan as proposed is consistent with the
approach that resulted from Mary Ann McGeady's efforts in working with
representatives of the community and developers to resolve some of the historic
issues associated with the two districts. Finance and Administration staff
concurs with the approach that resulted from those discussions and is
incorporated into this proposal."
2. Section 32-1-203(2.5) states "the Board of County Commissioners may disapprove the
service plan if evidence satisfactory to the Board of any of the following, at the discretion
of the Board, is not presented:"
(a) Adequate service is not, or 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 and on a comparable basis.
The applicant has indicated in their application that there are no other
governmental agencies in existence within the area which have the legal and
financial ability to undertake the financing, design, and completion of the public
.
improvements needed to serve the Beebe Draw Farms Development.
The Board of Directors of each of District No. 1 and District No. 2 have
determined that it is in the best interests of the existing residents and the owner
of the vacant land, REI Limited Liability Company (the "Developer") that the
Consolidated Service Plan be amended and restated. This Amended and
Restated Consolidated Service Plan (the "Service Plan") is necessary to provide
for changes in the structure and relationships between the Districts. The Districts
intend to enter into the Beebe Draw Farms Authority Establishment Agreement
(the "AEA") which will establish the Authority, as hereafter defined. The AEA will
establish processes for financing the operations and maintenance of the Existing
Public Improvements as well as financing, constructing, and operating and
maintaining the Additional Public Improvements, and the establishment of
operations and maintenance budgets and operating mill levies (including a
capital component) for the existing and planned Public Improvements.
Central Weld County Water District has an established Service Agreement
between the District and Beebe Draw Farms and Equestrian Center PUD.
The Board of County Commissioners approved the Law Enforcement Agreement
between the Weld County Sheriff and the Beebe Draw Law Enforcement District
Authority on December 14, 2009.
(b) The facility and service standards of the proposed special district are compatible
• with the facility and service standards of each county within which the proposed
special district is to be located and each municipality which is an interested party
under Section 32-1-204(1).
• "Section V.A.2 of the Service Plan provides that the Authority will design and
construction the additional Public Improvements in accordance with the
standards and specifications of the County and of other governmental entities
having jurisdiction, if applicable. The Authority will obtain all applicable permits
for construction and installation of the additional Public Improvements prior to
performing such work."
The Board of County Commissioners approved the Law Enforcement Agreement
between the Weld County Sheriff and the Beebe Draw Law Enforcement District
Authority on December 14, 2009.
(c) The proposal is in substantial compliance with a master plan adopted pursuant to
Section 30-28-106, C.R.S.
The proposed Amended and Restated Consolidated Service Plan is in
conformance with Chapter 22, Article XIV of the Weld County Code.
(d) The proposal is in substantial compliance with any duly adopted county, regional,
or state long range water quality management plan for the area.
Section 22-4-30.F, WA.Goal 6, states "Development should occur in areas where
adequate water quantity and quality is currently available or reasonably
obtainable;" and Section 22-4-30.D, WA.Goal 4, states, "Strive to address the
quality of all water bodies as outlined in the State and Federal Water Quality
Standards. The Development is serviced by Central Weld County Water District.
•
As a management agency, the County has a responsibility to exercise land use
authority based on water quality considerations. This responsibility is partly
fulfilled by evaluating water quality considerations associated with land use
proposals in accordance with the standards set forth in this Chapter and
Chapters 23 and 24 of this Code."
(e) The creation of the proposed special district will be in the best interests of the
area proposed to be sewed.
The Districts are independent units of local government, separate and distinct
from the County and, except as may otherwise be provided for by state or local
law or this Service Plan, their activities are subject to review by the County only
insofar as they may deviate in a material matter from the requirements of this
Service Plan. It is intended that the Districts, through the AEA, will provide for
the financing, design, acquisition, construction, and operations and maintenance
of a part or all of the Public Improvements for the use and benefit of all
anticipated inhabitants and taxpayers of the Districts. The primary functions of
the Districts will be to provide funding to the Authority for all the purposes set
forth in the AEA until the consolidation of the Districts or the dissolution of District
No. 2. The Authority will provide for the ongoing operations and maintenance of
any Public Improvements that are not dedicated to the County, the Central Weld
County Water District ("Water District") or another jurisdiction through revenue
generated from the operations mill levy imposed by both Districts. This Service
Plan has been prepared in accordance with Article XIV of Chapter 2 of the
• County Code.
The Public Works Department in their referral dated February 4, 2011 states
"The Weld County Public Works Department shall not be responsible for any
• overall plans for financing, construction, ownership, operation or maintenance of
the public improvements associated with roadways and drainage throughout the
metro districts." Therefore Public Works is in support of the Amended and
Restated Consolidated Service Plan for the Beebe Draw Farms Metropolitan
District Nos. 1 and 2.
Further, Section 22-3-40.A, P.Goal 1, states, "Promote efficient and cost-effective
delivery of public facilities and services. Section 22-3-40.A.1, P.Policy 1.1,
states, "Encourage consolidation of public facilities or services and coordination
between providers, to avoid duplication of costs and promote efficiency;" and
Section 22-4-30.F, WA.Goal 6, states, "Development should occur in areas
where adequate water quantity and quality is currently available or reasonably
obtainable, and Section 22-4-30.F.1, WA.Policy 6.1, states, "Applications for
proposed development should fully assess proposed water sources as being
adequate in terms of the quantity, dependability and quality needed for the
proposed use. Application should also describe whether the proposed water is
currently available for use or reasonably obtainable."
Central Weld County Water District has an established Service Agreement with
the District for the provision of water to the Development.
The proposed Service Plan and special district will be in the best interests of the
area proposed to be served and are in the interest of Weld County.
3. Section 2-14-10 of the Weld County Codes states, "The County establishes the following
•
as its policy for the review and approval or disapproval of Service Plans, including any
amendment thereof, for Metropolitan Districts and other Title 32 Special Districts."
(a) The County generally accepts the formation of districts where it is demonstrated
the formation of a district is needed to provide public services or facilities to local
development and will result in benefits to existing or future residents of the
County and the District. (Section 2-14-10.8)
As indicated above, Don Warden, Director of Finance and Administration states
"The Weld County Department of Finance and Administration has no objections
to the amended and consolidated service plan for Beebe Draw Farms
metropolitan District No. 1 and No. 2 as presented. The amended and
consolidated service plan as proposed is consistent with the approach that
resulted from Mary Ann McGeady's efforts in working with representatives of the
community and developers to resolve some of the historic issues associated with
the two districts. Finance and Administration staff concurs with the approach that
resulted from those discussions and is incorporated into this proposal."
(b) The Service Plan shall enumerate and describe all powers requested on behalf
of the district. Demonstration of the need or benefit of each power is required.
Powers which are not clearly needed will not be approved in the service plan.
(Section 2-14-20.C)
As previously discussed, the need for urban-level services has been adequately
• demonstrated.
• (c) Any Intergovernmental Agreement which is required, or known at the time of
formation of the District to likely be required to fulfill the purposes of the District,
must be described in the Service Plan, along with supporting rationale. The
Service Plan shall provide that execution of intergovernmental agreements by the
District that are not described in the Service Plan shall require 45 day notice
publication and written notice to the County pursuant to Section 32-1-207(3)(b),
C.R.S. (Section 2-14-20.D)
The Service Plan describes the AEA intended to be entered into between the
Districts which will establish the Authority. The AEA will establish processes for
financing the operations and maintenance of the existing Public Improvements as
well as financing, constructing, operating and maintaining the additional Public
Improvements, and the establishment of operations and maintenance budgets
and operating mill levies (Including a capital component) for the existing and
planned Public Improvements.
All intergovernmental and extraterritorial service agreements must be for
facilities, services and agreements lawfully authorized to be provided by the
Districts, pursuant to the State Constitution, Article XIV, Section 18(2)(a), and
Sections 29-1-201 et seq., C.R.S. To the extent practicable, the Districts may
enter into additional intergovernmental and private agreements to better ensure
long-term provision of the Public Improvements identified herein. Agreements
may also be executed with property owner associations and other service
providers. Central Weld County Water District may request an updated
intergovernmental agreement with the Metropolitan District.
•
(d) The Service Plan shall include the description of any planned inclusion into, or
exclusion of property from, the District's boundaries. The Service Plan shall
provide that inclusions or executions by the District that are not described in the
Service Plan shall require 45 day notice publication and written notice to the
County pursuant to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20. E)
The Service Plan provides the Districts shall be authorized to exclude and
include property from their respective boundaries that is within the Development
in accordance with the process set forth in the AEA. Inclusions and exclusions
processed in accordance with the AEA will not require the prior written consent
by the BOCC. The Districts shall not include within their boundaries any property
outside of the development without the prior written consent of the BOCC.
Inclusions and exclusions not described in this Service Plan and the AEA shall
require a forty-five (45) day notice publication and written notice to the BOCC
pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the
publication of such notice, the BOCC expresses to the Districts a written
objection to the proposed inclusion or exclusion shall be considered a material
modification of the Service Plan and shall be resolved in accordance with Section
32-1-207(2), C.R.S.
(e) The Service Plan shall describe any planned extraterritorial service agreement.
The Service Plan shall provide that any extraterritorial service agreements by the
District that are not described in the Service Plan shall require 45 day notice
• publication and written notice to the County pursuant to Section 32-1-207(3)(b),
C.R.S. (Section 2-14-20.F)
• The Plan as proposed does not intend to furnish services or facilities outside of
its boundaries, except as authorized in the service plan or by intergovernmental
agreement in compliance with Section 2-14-20.F of the Weld County Code. The
District's failure to comply with Section 2-14-20.F of the Weld County Code prior
to providing any exterritorial services shall be considered a material modification
of the service plan. All intergovernmental and extraterritorial service agreements
must be for facilities, services, and agreements lawfully authorized to be provided
by the districts, pursuant to the State constitution, Article XIV, Section 18(2)(A),
and Sections 29-1-201 et seq., C.R.S.
(f) The Service Plan shall outline any anticipated plans or needs for the exercise, by
the District, of its power of eminent domain. The Service Plan will contain
language limiting the use of the District's power of eminent domain to carry out
the District's essential functions and services as well to implement the intent of
the "Primary Infrastructure Plan" as defined in the Model Service Plan described
in Section 2-14-60. The use of eminent domain will be undertaken strictly in
compliance with State laws. The Service Plan shall provide that use of eminent
domain or change in the Primary Infrastructure Plan by the District not described
in the Service Plan shall require 45 day notice publication and written notice to
the County pursuant to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20.G)
Section V.A.9 of the Service Plan provides that the District's shall not exercise
their statutory power of eminent domain, except as may be necessary to
construct, install, access and relocate or redevelop the Public Improvements.
Any use of eminent domain shall be undertaken strictly in compliance with state
1111 law. Any proposed use of eminent domain for a purpose other than as may be
necessary to complete the Public Improvements shall require a forty-five (45) day
notice publication and written notice to the BOCC pursuant to Section 32-1-
207(3)(b) C.R.S. If within forty-five (45) days of the publication of such notice,
the BOCC expresses to the applicable District a written objection to the proposed
use of eminent domain by such District, then the proposed use of eminent
domain shall be considered a material modification of the Service Plan and shall
be resolved in accordance with Section 32-1-207(2) C.R.S.
(g) The Service Plan shall restrict the District's debt service mill levy authorization to
50 mills (the "Debt Service Mill Levy Cap"). The Service Plan shall restrict the
District's total aggregate mill levy (debt service mill levy plus operations and
maintenance mill levy) to sixty-five (65) mill (the `Aggregate Mill Levy Cap").
(Section 2-14-20.H)
The proposed Plan identifies a Mill Levy Cap that is no greater than 50 mills, for
debt service and for operations and maintenance costs.
(h) The Service Plan shall require that 30 days prior to an election thereon, proposed
ballot questions for a formation election, debt authorization, or de-Brucing will be
submitted to Weld County for filing and review. Weld County shall have the right
to object to any ballot questions not in compliance with the Service Plan as a
major modification of the District's Service Plan pursuant to Section 32-1-
207(3)(a), C.R.S. (Section 2-14-20.J)
• Section VI.I of the Service Plan states that the Districts intend to conduct
elections on November 10, 2010 to set in place the proposed financial structure
set forth in the Service Plan as required by TABOR. The County did receive and
• review the proposed election questions more than thirty (30) days prior to such
election. Any future elections held by the Districts will be conducted as provided
in the Uniform Election Code of 1992 and TABOR
(i) It is the intent of Weld County that "citizen/resident" control of Districts be
encouraged to occur as early as possible. (Section 2-14-40.A)
Currently, there are approximately 54 homes within the Development with and
additional 746 planned. The proposed Plan and the creation of the Authority
provides for two residents to sit on the Authority Board who will oversee and
implement the operations of the Authority and the Public Improvements.
Additionally, the residents will have an equal voice in the decision making
process of when and what additional amenities are constructed.
Q) The Service Plan shall provide for the dissolution of the District after the District's
debts and financial obligations are fully defeased and the District has completed
all of its operations and maintenance responsibilities. A district with long-term,
on-going operations and maintenance will not be obligated to dissolve. However,
the Service Plan must provide that in the event said obligations are someday
undertaken by another party, or are otherwise no longer the responsibility of the
District, it shall be required to dissolve. (Section 2-14-50)
The Service Plan states the following, "The Districts will initiate consolidation
proceedings contemporaneously with the repayment of District No. 2's Debt. The
Authority will also terminate at the time of consolidation, and all assets of the
• Authority will be transferred to the consolidated district. In the event the Districts
do not consolidate, District No. 2 will initiate dissolution proceedings upon the
written request of the County. Except as described herein, the Districts shall not
file a request with any court to consolidate with any other Title 32 districts without
the prior written consent of the County. The District will not be dissolved,
however, without first complying with the provisions of Section 2-14-50 of the
Weld County Code.
As discussed, the Amendment to and Restatement to the Consolidated Service Plan for Beebe
Draw Farms Metropolitan District Nos. 1 and 2 request is scheduled to be heard by the
Planning Commission on March 1, 2011, at 1:30 p.m. The hearing will take place at the Greeley
Planning Office hearing room, 918 Tenth Street, Greeley.
This letter and recommendation will be forwarded to the Weld County Planning Commission as
the basis of their deliberation. If you have any questions about this staff analysis or County
comments, please do not hesitate to call me at 970-353-6100, ext. 3549.
Sincerely,
Kim Ogle
Planning Services
ec: Bruce Barker,County Attorney
• T.Jiricek,Director of Planning Services
Don Warden,Director of Finance and Administration
M.Mika,Director of Administration
D. Bauer, Public Works
File: Beebe Draw Farms
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