HomeMy WebLinkAbout20110335 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER: 2010-XX
APPLICANT: St. Vrain Sanitation District
PLANNER: Kim Ogle
REQUEST: First Amendment to St. Vrain Sanitation District Service Plan.
LEGAL DESCRIPTION: TN3N, R68W, Sections - E1/2 of 19, 20, 21 (excluding East of the ditch),
24 (portions of the South and East half), 25, 26, 27, 28, 29, 30 (portions of
the East half), 32, 33, 34, 35, 36.
TN3N, R67W, Sections - 19, 20, 21, 25 (West of the South Platte River),
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 (West of the South Platte River).
TN2N, R68W, Sections— 1, 2, 3, 4, 5, 6 (portion of the East half), 7
(portions of the south half), 8 (portion of entire Section), 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 (the East half and
NW quarter), 29 (the North Half), 30 (the North Half), 33 (East half), 34, 35,
36.
TN2N, R67W, Sections— 1(West of the South Platte River), 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12(West of the South Platte River), 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 32, 33, 34.
TN2N, R66W, Sections— 18 and 19 (West of the South Platte River).
• TN1 N, R68W, Sections— 1, 2, 3, 10 (Portion of the East and South Half),
11, 12, 13, 14, 15, 16 (Portion of the East Half), 21 (portion of the NE
quarter), 22 (portion of the north half), 24.
TN1N, R67W, Sections—3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20
(portion of the West and North Half), 21 and 22 (North half s of each).
of the 6th P.M., Weld County, Colorado.
LOCATION: North boundary CR 32; West boundary CR 1; East boundary generally CR
25; and South boundary CR 6.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. Section 32-1-203(2) states the Board of County Commissioners shall approve 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 Amended Service Plan allows for the expansion of the existing treatment facilities to
meet the growing needs resulting from the inclusion of territories that formerly were within
the now dissolved Weld County Tri-Area Sanitation District and the Dacono Sanitation
District, as well as to meet the projected development within the Firestone, Frederick an
Dacono planning area. The expansion of the proposed service area reflects municipal
and county development trends.
Weld County Finance and Administration has reviewed the Service Plan Amendment
• from a financial perspective only. The Finance Department has no objections to the
approval of the plan as stated in their referral dated December 14, 2010. The plan
appears to be financially viable as presented. Based on the information presented the '
district will have the financial ability to discharge the debt on a reasonable basis and not ,
2011-0335
Resolution 2010-XX
St. Vrain Sanitation District
Page 2
• require excessive new rates and/or fees. The district is financially capable of providing
economical and sufficient services to the area within the existing and proposed
boundaries.
The proposal identifies that the St. Vrain Sanitation District will finance, construct, equip,
complete, manage, operate, provide, and maintain public improvements and services
throughout the District, and to generate revenue sufficient to pay on-going expenses and
debt service costs incurred by the District.
The proposed public improvements to be financed, acquired, installed and constructed to
serve the St. Vrain Sanitation are as follows: Storm Drainage and Sanitary Sewage
systems. St. Vrain is a growing district and has reached near capacity limits that trigger
the State Health Department mandated need to 1) begin planning for additional capacity;
and 2) begin building additional capacity. With the consolidations and growing customer
base, these enhancements are critical to the long term needs of the District
The original Service Plan for St. Vrain Sanitation District was approved by the Board of
County Commissioners on October 16, 1985.
(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 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 Service Area Boundary.
• Central Weld County Water District, Little Thompson Water District, Northern Colorado
Water Conservancy District, Central Colorado Water Conservancy District, St. Vrain and
Left Hand Water Conservancy District, Longs Peak Water District did not express
objections to the Service Plan Amendment.
The City of Longmont indicates in their referral dated December 29, 2010 that St Vrain
Sanitation District has an intergovernmental agreement(IGA) with the City of Longmont.
This IGA defines service area boundaries between the St. Vrain Sanitation District and
Longmont: specifically for the areas around Union reservoir. The IGA was executed in
October 2002.
There is a small overlap of service area boundary with the Town of Platteville. The
applicant indicates that service to this area will be who is first able to provide service, St.
Vrain Sanitation or the Town of Platteville.
(c) The proposed special district is capable of providing economical and sufficient service to
the area within its proposed boundaries.
Weld County Finance and Administration has reviewed the Service Plan Amendment
from a financial perspective only. The Finance Department has no objections to the
approval of the plan as stated in their referral dated December 14, 2010. The plan
appears to be financially viable as presented. Based on the information presented the
district will have the financial ability to discharge the debt on a reasonable basis and not
require excessive new rates and/or fees. The district is financially capable of providing
economical and sufficient services to the area within the existing and proposed
boundaries
•
Resolution 2010-XX
St.Vrain Sanitation District
Page 3
• (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.
As previously stated, Weld County Finance and Administration has reviewed the Service
Plan Amendment from a financial perspective only. The Finance Department has no
objections to the approval of the plan as stated in their referral dated December 14, 2010.
The plan appears to be financially viable as presented. Based on the information
presented the district will have the financial ability to discharge the debt on a reasonable
basis and not require excessive new rates and/or fees. The district is financially capable
of providing economical and sufficient services to the area within the existing and
proposed boundaries.
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 permitted:"
(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 expanded service area as amended and approved by North Front Range
Water Quality Planning Association.
The North Front Range Water Quality Planning Association referral dated December 29,
2010 indicates that the existing 208 service area for the District has been approved by the
Association and was included as part of the District's approved Utility Plan and the 2007
•
Update to the Areawide Water Quality Management Plan (the 208 Plan).
The Weld County Department of Public Health and Environment in their referral dated
January 6, 2011 indicated that the North Front Range Water Quality Planning Association
approved the site application for the expanded treatment facility on August 26, 2010.
Weld County approved the expansion on August 17, 2010.
(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-
Service levels and facilities of the District would likely match those of the County, though
exact levels of service are not precisely defined by the Plans or associated
documentation.
(c) The proposal is in substantial compliance with a master plan adopted pursuant to Section
30-28-106, C.R.S.
The proposed Service Plan is in conformance with 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.
North Front Range Water Quality Planning Association reviewed this application and granted
approval of their amendment to the District Service Plan and Boundary Change in 2007.
• The Water Quality Control Commission, a citizen board appointed by the Governor, subject
to confirmation by the State Senate, defines water quality regulation and policies in Colorado.
The Colorado Department of Public Health and Environment administers the Water Quality
Program throughout the State. Further, as part of the Larimer-Weld Region, Area-wide
Resolution 2010-XX
St. Vrain Sanitation District
Page 4
• Water Quality Management Plan, the County has been identified as the responsible
management agency for all areas in the County outside the urban service areas. 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 Chapter 23 of this Code." (Weld County Code Ordinance 2002-6). The
Weld County Department of Public Health and Environment in their referral dated January 6,
2011 indicated that the North Front Range Water Quality Planning Association approved the
site application for the expanded treatment facility on August 26, 2010. Weld County
approved the expansion on August 17, 2010
(e) The creation of the proposed special district will be in the best interests of the area
proposed to be served.
Section 22-3-40.A, P.Goal 1. states "Promote efficient and cost-effective delivery of
public facilities and services. Section 22-3-50.A.1 states "P.Policy 1.1. Encourage
consolidation of public facilities or services and coordination between providers should be
encouraged to avoid duplication of costs and promote efficiency;
The existing Special District and proposed Amended Service Plan will be in the best
interests of the area proposed to be served and is 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, there is a demonstrated need to provide services, because the
proposed Service Area Boundary reflects areas with potential municipal and county
development that are presently inadequate for present and projected needs because no
such service exists.
(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, there is a demonstrated need to provide services, because the
proposed Service Area Boundary reflects areas with potential municipal and county
development areas with potential municipal and county development that are presently
inadequate for present and projected needs because no such service exists.
(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 applicant states that the Sanitation district has been at the forefront of regional
• partnerships as exhibited by the consolidation of the former Tri-Area Sanitation District,
the Dacono Sanitation District and the current agreements with the East I-25 Sanitation
District to provide service assistance to their new district serving areas north of Highway
66 and east of 1-25. On-going assistance with the Town of Mead for providing service to a
Resolution 2010-XX
St.Vrain Sanitation District
Page 5
• portion of their community as well as the Town of Erie, both in the area of the Interstate
25 corridor.
The City of Longmont indicates in their referral dated December 29, 2010 that St. Vrain
Sanitation District has an intergovernmental agreement(IGA)with the City of Longmont.
This IGA defines service area boundaries between the St. Vrain Sanitation District and
Longmont: specifically for the areas around Union reservoir. The IGA was executed in
October 2002.
(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 proposed Plan complies Section 2-14-20.E of the Weld County Code by stating
written notice will be provided to the County pursuant to Section 32-1-207(3)(b), C.R.S of
any action or activity which the District believes is not permitted by the Service Plan
Amendment.
(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.
(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)
The proposed Plan allows for the expansion of treatment facilities up to, and including,
15mg/d to meet the growing needs resulting from the inclusion of territories that formerly
were within the now dissolved Weld County Tri-Area Sanitation District and the Dacono
Sanitation District, as well as to meet the projected development within the Firestone,
Frederick and Dacono Planning areas; and to amend the proposed service area of the
Sanitation District to reflect municipal and county development trends. Saint Vrain
Sanitation District has a long history of providing sanitary sewer services to the southwest
Weld County region. This proactive effort ensures that future growth demand will be able
to be met in the region. The District will continue to work with other area communities
• and districts to provide a regional approach to sanitary sewer needs.
Resolution 2010-XX
St. Vrain Sanitation District
Page 6
• (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)
As previously stated, Weld County Finance and Administration has reviewed the Service
Plan Amendment from a financial perspective only. The Finance department has no
objections to the approval of the plan as stated in their referral dated December 14, 2010.
The plan appears to be financially viable as presented. Based on the information
presented the district will have the financial ability to discharge the debt on a reasonable
basis and not require excessive new rates and/or fees. The district is financially capable
of providing economical and sufficient services to the area within the existing and
proposed boundaries.
In October 2010 the District sold just over 16 million dollars in revenue bonds to aid in
funding the proposed wastewater treatment plant improvements. The total cost of these
improvements will require the use of these funds as well as being supplemented by
approximately 10-11 million dollars from current fund balance.
The District received a AA and M- rating from Fitch and from Standard & Poors rating
agencies respectively. The cash management of the District in addition to the rating
received resulted in an all inclusive cost of financing interest rate of 3.63%.
To ensure the districts ability to make debt service payments, the District has set up a
reserve account that will equal the previous year's operating expenses. While this will
insure that debt payments will be made, it also insures that the District will continually
• have available the resources it needs to operate on a day to day basis.
(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)
The Service Plan states that, "All ballot questions authorizing indebtedness will be filed
with the County no later than 30 days before any election held therefore in accordance
with Section 2-14-20.J of the Weld County Code."
(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)
Article 32 of the Colorado Revised Statues provides guidance related to inclusion of a
customer into a service area or 208 boundaries. A landowner must petition to be included
in the St. Vrain Sanitation District and, after proper application and notice, a public hearing
is held during a regularly scheduled Board of Director meeting for the St. Vrain Sanitation
District,
Inclusion in itself does not automatically result in service to a resident(s). However,
inclusion results in eligibility for service. For many individual property owners inclusion is
sought when a septic system fails and infrastructure is within four hundred (400)feet of
the property.
(j) 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,
Resolution 2010-XX
St.Vrain Sanitation District
Page 7
• or are otherwise no longer the responsibility of the District, it shall be required to dissolve.
(Section 2-14-50)
The District understands that it cannot be dissolved without first complying with the
provisions of Section 2-14-50 of the Weld County Code.
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
•
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 28, 2011.
Dated the 18`h of January, 2011.
no al/Lill/V-1
Kristine Ranslem
Secretary
•
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 18, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Mark Lawley, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Department of Planning Services; Heidi Hansen, Department of Public Works; Lauren
Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the January 4, 2011 Weld County Planning Commission minutes,seconded
by Erich Ehrlich. Motion carried.
The Chair read the case into record.
• CASE NUMBER: 2010-XX
APPLICANT: St. Vrain Sanitation District
PLANNER: Kim Ogle
REQUEST: First Amendment to St. Vrain Sanitation District Service Plan.
LEGAL DESCRIPTION: TN3N, R68W, Sections - E1/2 of 19, 20, 21 (excluding East of the ditch),
24 (portions of the South and East half), 25, 26, 27, 28, 29, 30 (portions of
the East half), 32, 33, 34, 35, 36.
TN3N, R67W, Sections- 19, 20, 21, 25 (West of the South Platte River),
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 (West of the South Platte River).
TN2N, R68W, Sections— 1, 2, 3, 4, 5, 6 (portion of the East half), 7
(portions of the south half), 8 (portion of entire Section), 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 (the East half and
NW quarter), 29 (the North Half), 30 (the North Half), 33 (East half), 34, 35,
36.
TN2N, R67W, Sections— 1(West of the South Platte River), 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12(West of the South Platte River), 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 32, 33, 34.
TN2N, R66W, Sections— 18 and 19 (West of the South Platte River).
TN1N, R68W, Sections— 1, 2, 3, 10 (Portion of the East and South Half),
11, 12, 13, 14, 15, 16 (Portion of the East Half), 21 (portion of the NE
quarter), 22 (portion of the north half), 24.
• TN1N, R67W, Sections-3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20
(portion of the We t and North Hal 21 and 22 (North half's of each).
C
• of the 6th P.M., Weld County, Colorado.
LOCATION: North boundary CR 40; West boundary CR 1; East boundary generally CR
25; and South boundary CR 6.
Kim Ogle, Planning Services, stated that St.Vrain Sanitation District has submitted a service plan amendment
to allow for the expansion of its treatment facilities to meet the projected development of both municipal and
county development trends.
Thirty-six referral agencies review the proposed amended service plan with seven agencies providing
comment that has been incorporated into this recommendation.
The criteria for review of this service plan amendment of an existing district are listed in Section 32-1-202(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. It
is the opinion of the Department of Planning Services' Staff that the applicant has shown compliance with
each section as follows:
Specific to Section 32-1-202(2):
(A) There is sufficient existing and projected need for organized service in the area to be serviced by the
proposed special district.
The amended service plan allows for the expansion of the existing treatment facilities to meet the growing
needs resulting from the inclusion of territories that formerly were within the now dissolved Weld County Tri-
Area Sanitation District and the Dacono Sanitation District, as well as to meet the projected development
within Firestone, Frederick and Dacono Planning Area. The expansion of the proposed service area reflects
municipal and county development trends.
• Weld County Finance and Administration has reviewed the service plan amendment from a financial
perspective only. The Finance Department has no objections to the approval of the plan as stated in their
referral dated December 14, 2010. The plan appears to be financially viable as presented. Based on the
information presented, the District will have the financial ability to discharge the debt on a reasonable basis
and not require excessive new rates and/or fees. The District is financially capable of providing economical
and sufficient services to the area within the existing and proposed boundaries.
The proposed public improvements to be financed,acquired, installed and constructed to serve the St.Vrain
Sanitation District are as follows: storm drainage and sanitary sewage systems. St.Vrain is a growing district
and has reached new capacity limits that trigger the State Health Department mandated need to begin
planning for additional capacity; and begin building additional capacity. With the consolidations and growing
customer base, these enhancements are critical to the long term needs of the District.
The original service plan for St.Vrain Sanitation District was approved by the Board of County Commissioners
on October 16, 1985.
(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 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 service area boundary.
Central Weld County Water District, Little Thompson Water District, Northern Colorado Water Conservancy
District, Central Colorado Water Conservancy District, St. Vrain and Left Hand Water Conservancy District,
and Longs Peak Water District did not express objections to the service plan amendment.
• The City of Longmont indicates in their referral, dated December 29, 2010, that St. Vrain Sanitation District
has an Intergovernmental Agreement (IGA) with the City of Longmont. This IGA defines service area
2
• boundaries between the St. Vrain Sanitation District and Longmont; specifically for the areas around Union
Reservoir. The IGA was executed in October 2002.
There is a small overlap of service area boundary with the Town of Platteville. The applicant indicates that the
service to this area will be who is first able to provide service, St. Vrain Sanitation or the Town of Platteville.
Specific to Section 32-1-203(2.5), C.R.S
(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 expanded service area as amended
and approved by North Front Range Water Quality Planning Association.
The North Front Range Water Quality Planning Association referral dated December 29,2010,indicates that
the existing 208 Service Area for the District has been approved by the Association and was included as part
of the District's approved Utility Plan and the 2007 Update to the Areawide Water Quality Management Plan
(The 208 Plan).
The Weld County Department of Public Health and Environment in their referral dated January 6, 2011
indicated that the North Front Range Water Quality Planning Association approved the site application for the
expanded treatment facility on August 26, 2010.
Weld County in a referral to North Front Range Water Quality Planning Association approved the expansion
on August 17, 2010.
• (E) The creation of the proposed special district will be in the best interests of the area proposed to be
served.
Per the Weld County Comprehensive Plan, Section 22-3-40.A, P.Goal 1. States"Promote efficient and cost-
effective delivery of public facilities and services." Section 22-3-50.A.1 States "P.Policy 1.1 Encourage
consolidation of public facilities or services and coordination between providers should be encouraged to avoid
duplication of costs and promote efficiency;the existing special district and proposed amended service plan
will be in the best interests of the area proposed to be served and is in the interest of Weld County."
The applicant states that the Sanitation District has been at the forefront of regional partnerships as exhibited
by the consolidation of the former Tri-Area Sanitation District, The Dacono Sanitation District and the current
agreements with the East 1-25 Sanitation District to provide service assistance to their new district serving
areas north of Highway 66 and east of 1-25. On-going assistance with the Town of Mead for providing service
to a portion of their community as well as the Town of Erie, both in the area of the 1-25 Corridor.
(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)
Article 32 of the Colorado Revised Statutes provides guidance related to inclusion of a customer into a service
area or 208 boundaries. A landowner must petition to be included in the St.Vrain Sanitation District and,after
proper application and notice, a public hearing is held during a regularly scheduled Board of Director meeting
for the St. Vrain Sanitation District.
Inclusion in itself does not automatically result in service to a resident(s). However, inclusion results in
eligibility for service. For many individual property owners inclusion is sought when a septic system fails and
infrastructure is within four hundred (400) feet of the property.
• As previously indicated, it is the opinion of the Department of Planning Services Staff that the applicant has
shown compliance with the Colorado Revised Statutes; therefore staff recommends approval of the
3
• application as submitted.
Heidi Hansen, Public Works, said that they do not have any objections to the expansion; however they would
like to be notified of their construction schedule when they know it so that staff can work with them on any
traffic concerns for the possible hauls routes for construction. County Road 26 actually has been annexed by
the Town of Firestone;therefore the access is not under jurisdiction of Weld County but haul routes along the
way could be.
The most current floodplain mapping does show part of the facilities in the floodplain; therefore any
construction in the floodplain would require a Flood Hazard Development Permit.
Lauren Light, Environmental Health, stated that there are no concerns with this request.
Richard Lyons,for Lyons, Gaddis, Kahn&Hall, PC, representing St.Vrain Sanitation District,stated that there
are two issues that need to be addressed. The first is a request for a service plan amendment for the
treatment plant increase in capacity. The plant's capacity will be expanded; however the footprint of the plant
will remain as is on the District property. It is a newer technology where it will be an oxidation ditch process
which means digging down rather than building lagoons. The plant expansion is needed because of the
inclusion of the both the Dacono Sanitation District and the Tri-Area Sanitation District.
The second aspect of the service plan amendment is the boundary adjustment. There are three different
boundaries that we are talking about. The first boundary is the actual legal boundaries of the District. If you
compared it to a municipality it would be the municipal limits. Properties that are developed that want service
from the District petition for inclusion just like a developer petitions for annexation into a municipality. If the
petition is granted then those boundaries are expanded.
The second boundary is the service area boundary. The service area boundary is what was originally
approved by the Board of County Commissioners in 1986 with respect to a Planning Area, where you think
development might occur that would benefit from the service that was being provided in the formation of the
Sanitation District.
The third boundary, referred to in the Staff Comments regarding approval by the Health Department and the
North Front Range Water Quality Association, is the Section 208 Boundary which is the Cleanwater Act
Boundaries which the jurisdictional referral agency monitors to make sure that they don't have sewer
treatment plants popping up on every stream.
In the mid 1990's,the 208 boundaries expanded beyond the original service area boundaries approved by the
Weld County Commissioners. The legal boundaries had expanded as well.
Mr. Lyons stated that they are requesting not only to get approval of the service plan amendment for the
treatment plant capacity but they are also requesting approval of the service area to be identical to the 208
boundaries; therefore there will only be two boundaries to deal with, the legal boundaries and the 208
Boundary administered under the Cleanwater Act by the North Front Range Water Quality Commission.
In regard to the Town of Erie's comments, this service plan amendment has nothing to do with them. They
are in the southwest corner of the District and we are talking about adding area to the northeast boundaries of
the District. He added that they are requesting the District to give up some of the existing 208 Boundary in
their area because they are planning to expand in the southwest corner of the District. That dialogue has been
on-going.
Mr. Lyons referred to Ft. Lupton's concerns and commented that when the 208 Boundary toward the Ft.
Lupton area was moved over with the Front Range approval there was a concern by Ft. Lupton regarding the
Todd Creek Subdivision; however Ft. Lupton withdrew that objection to the 208 expansion in that area on the
condition that there would be continuing dialogue between Ft. Lupton and St. Vrain Sanitation District.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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• Todd Hodges, Ft. Lupton, 130 S McKinley Ave, stated that they are concerned that the general delineation of
the notice did not have a map with it and it included a large area that would have overlapped their 208
Boundary. After hearing the information today, it appears that it is consistent with the 208 Boundaries and that
the general description in the legal notice is not what we need to go off of. Mr. Hodges provided the
Commission with Ft. Lupton's 208 Boundary maps. He added that they would like to keep the dialogue open
as Todd Creek is an active applicant in Weld County and they do have an existing service agreement with
Todd Creek.
Commission Lawley asked the applicant if they will continue the dialogue with Ft. Lupton regarding the Todd
Creek subdivision. Mr. Lyons replied that they will continue conversations with Ft. Lupton and added that it is
a reasonable request.
The Chair asked the applicant if they read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case 2010-XX, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes with comment; Bill Hall, yes; Alexander Zauder, yes;
Jason Maxey, yes; Roy Spitzer,absent; Mark Lawley,yes;Tom Holton, absent. Motion carried unanimously.
Commissioner Grand recommended that St.Vrain Sanitation District continue good faith discussions with both
the Town of Erie and the Town of Ft. Lupton.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
• any further business to discuss.
Meeting adjourned at 1:58 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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