HomeMy WebLinkAbout20100176.tiff 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: 2009-XX
APPLICANT: Beebe Draw Farms
PLANNER: Kim Ogle
REQUEST: Amended and Restated Consolidated Service Plan for Beebe Draw Farms
Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No. 2.
LOCATION: East of and adjacent to CR 39; north of CR 32; south of CR 38 (generally
located approximately 6 miles east of Platteville adjoining Milton Reservoir).
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 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.
EXHIBIT
2010-0176
Resolution 2009-XX
Beebe Draw Farms
Page 2
• The referral dated December 14, 2009, addresses the concerns of Don Warden, Director of
Finance, Mr. Warden states, "The Financial Plan data presented and prepared by D.A.
Davidson and Co. appears to be reasonable and demonstrates that the Financial Plan is
feasible. Due to the significance of the oil and gas assessed value for the districts' property
tax revenues I have also reviewed the backup information in addition to the financial
information present in the plan on the projection of the oil and gas assessed valuations that
are included in the Financing Plan. While long term projection of oil and gas assessed
values is difficult due to the volatility of oil and gas prices and production the data presented
seems to have reasonable assumptions and projections.
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 December 14, 2009 addresses the concerns of Don Warden, Director of
Finance. Mr. Warden states"Based upon the amended service plans presented I have no
objections to the service plans and believe the amended plans are consistent with the
County's objective to resolve many of the 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. Therefore, I would recommend approve of the Beebe Draw Farms
Metropolitan Districts 1 & 2 Amended Service Plans."
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
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
Resolution 2009-XX
Beebe Draw Farms
Page 3
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).
Service levels and facilities of the Districts would likely match those of the County.
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 served.
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 (see Section X below). 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 as
provided in Section V.A.8 below. 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.
Resolution 2009-XX
Beebe Draw Farms
Page 4
• The Public Works Department in their referral dated December 18, 2009 approves of the
formation 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 22-3-50.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, "Policy
applications for proposed development will assess currently available or reasonably
obtainable water quantity and quality."
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, and based upon the amended service plans presented I have no
objections to the service plans and believe the amended plans are consistent with the
• county's objective to resolve many of the 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. Therefore, Weld County would recommend the approval of the
Beebe Draw Farms Metropolitan Districts 1 &2 Amended Service Plans.
(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)
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.
Resolution 2009-XX
Beebe Draw Farms
Page 5
• The proposed Plan does state that any other intergovernmental agreements not mentioned in
the Services Plan shall require the approval of the County in compliance with Section 2-14-
20.D of the Weld County Code, with 45 days Notice.
(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 states 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 permitted by the
Service plan but which may be unclear or with may result in a material change of the Primary
Infrastructure Plan (PIP) pursuant to Section 2-14-20.E of the Weld County Code.
(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)(6), 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 states that the District's exercise of the statutory power of eminent
domain shall constitute a material modification of the Service Plan and shall require the
Approval of the County in accordance with Section 2-14-20.G of the Weld County Code.
(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, orde-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."
Resolution 2009-XX
Beebe Draw Farms
Page 6
• (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)
As currently proposed,the Service District boundaries are coterminous with the boundaries of
the Beebe Draw Farms and Equestrian Center Development. The District will contain all of
the land within the Beebe Draw Farms and Equestrian Center PUD Development.
0) 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.
Motion seconded by Roy Spitzer.
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 5, 2010.
Dated the 5th of January,
,2010'._
6 T dtOKLni
Kristine Ranslem
• Secretary
so desired they would place "No Jake Brake" signs on Highway 60. Mr. Holton said that he would like that.
• Ms. Carter pointed out that all signage in the right of way of Highway 60 needs to be approved by CDOT.
Commissioner Spitzer said that it was mentioned in one of the letters submitted regarding the noise
containment for the pump itself. Mr. Gathman said that staff is requiring a noise control plan; however that
particular issue isn't specified but can be added. Mr.Wright clarified that all of their pumps are electrical. He
added that it may have been a misunderstanding as FIDCO was pumping water out of their ditch into the
central augmentation pond and that pump is a diesel pump. He added that there is installation of electric
pumps currently being put into place to replace the diesel pump.
(Berryman left the meeting at 4:15 pm)
Commissioner Holton asked how they intend to control the dust. Mr.Wright said that they have spray bars on
several of the smaller trucks and water some of the roads. He commented that they do not water County
Road 38.5 because the drivers should not be going down that road.
Commissioner Holton asked who the citizens should contact when there is a complaint. Ms. Carter said that
when they receive a call they direct them to the appropriate department and often recommend that they call
the Health Department.
The Chair asked the applicant if they read through the amended 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 USR-1695, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
• Berryman, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey,yes; Roy Spitzer, yes; Mark Lawley,yes;Tom Holton,yes with comment. Motion carried unanimously.
Commissioner Holton encouraged A&W to be considerate of their neighbors.
The Chair read the last case into record.
CASE NUMBER: 2009-XX
APPLICANT: Beebe Draw Farms
PLANNER: Kim Ogle
REQUEST: Amended and Restated Consolidated Service Plan for Beebe Draw Farms
Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No. 2.
LOCATION: East of and adjacent to CR 39; north of CR 32; south of CR 38 (generally
located approximately 6 miles east of Platteville adjoining Milton Reservoir).
Kim Ogle, Planning Services, said that staff respectfully requests that this case be placed back on the consent
agenda. He added that the applicant is present and is in support of this request. He passed out some letters
from surrounding property owners including one from Jeff Hare. He added that Mr. Hare has aired some
concerns that he would like to have addressed at the Board of County Commissioners hearing.
Robert Grand moved to place Case 2009-XX on the Consent Agenda, seconded by Roy Spitzer. Motion
carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to approve Case 2009-XX and that it 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 Roy Spitzer. Motion carried unanimously.
EXHIBIT 1 1
C.-
64.139 tro a
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
asked what the status was on the revisions to the County Code regarding a graduated level for USRs. Mr.
Barker commented that the County Commissioners provided some specific direction and it is currently being
discussed. He indicated that there are tier levels proposed. Mr.Grand inquired what the timeline is. Mr. Ogle
commented that it is at least 3 months out and added that staff needs to research other jurisdictions and bring
it back to the Board for consideration.
Meeting adjourned at 4:41 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
•
•
12
Hello