HomeMy WebLinkAbout20072574.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Waterfront at Foster Lakes Case Number 2007-XX
Metropolitan Districts 1, 2, and 3
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Letter to Applicant X
Legal Notifications X
2 Application X
Maps
3 Referral List X
4 Referrals without comment X
Weld County Department of Public Health and Environment, referral dated June
13, 2007
City of Dacono, referral dated June 19, 2007
5 Referrals with comments X
Weld County Department of Finance, referral dated June 8, 2007
Colorado Oil and Gas Conservation Commission, referral dated June 11, 2007
Mountain View Fire Protection District, referral dated June 18, 2007
St.Vrain Sanitation District, referral dated July 5, 2007
Correspondence: Court Order of Inclusion/Anderson-Foster Lakes properties,
dated May 18, 2007
City of Longmont, referral dated July 5,2007
Weld County Department of Public Works, referral dated July 9, 2007
Longs Peak Water District referral dated July 13, 2007
PC Exhibits
6 Metropolitan District Boundary Map, received July 17, 2007
I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Kim Og + Planner EXHIBIT
SDb13a
2007-2574
DEPARTMENT OF PLANNING SERVICES
Planning Division-Southwest Service Center
4209on , Cuntyolor Rdoa8 4
Longmont, Colorado 80504
WEBSITE:www.co.weld.co.us
I PHONE(720) 652-4210, EXT. 3549
C. FAX(720)652-4211
COLORADO
July 17, 2007
Waterfront at Foster Lake Metropolitan District
c/o Marcus McAskin
Grimshaw&Harring, P.C.
1700 Lincoln Street, Suite 3800
Denver CO 80203
Subject: Service Plan Application for Proposed Waterfront at Foster Lake Metropolitan Districts 1, 2 & 3
Legal: S2 of Section 27, T3N, R68W; N2 NW4, E2 SW4, and E2 of Section 34, T3N, R68W and NW4
NE4 of Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado
r
Dear Mr. McAskin:
The Department of Planning Services has reviewed the request for comments in regard to the submitted
Metropolitan District Service Plan application. Please consider these comments as an unified response to
the Special District Provisions. This request is scheduled before the Weld County Planning Commission
on July 17, 2007, at 1:30 p.m. The hearing will take place at the Southwest Weld County Service Center
at 4209 County Road 24.5, located in the northeast corner of 1-25 and State Highway 119.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Metropolitan District 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 received June 8, 2007
• Weld County Department of Public Health & Environment, referral received June 13, 2007
• State of Colorado Oil and Gas Commission, referral received June 13, 2007
• Mountain View Fire Protection District, referral received June 18, 2007
• City of Dacono, referral received June 26, 2007
• St. Vrain Sanitation District, referral received July 5, 2007
• City of Longmont, referral received July 8, 2007
• Weld County Department of Public Works, referral received July 9, 2007
• Longs Peak Water District, referral received July 13, 2007
Correspondence from St. Vrain Sanitation District, received May 22, 2007
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Attorney's Office
• Town of Firestone
• Town of Frederick
• Town of Mead
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 Waterfront at Foster Lake Metropolitan District 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 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 the District will plan, design, construct, acquire, install,
finance, receive reimbursement for, own, operate, maintain, relocate and/or redevelop the
public improvements and services throughout the Waterfront at Foster Lake
Development, unless transferred to the County or another agency, and to generate
property tax and revenue sufficient to pay on-going expenses and debt service costs
incurred by the District for the life of the bond.
The proposed public improvements proposed to be financed, acquired, installed and
constructed by the District to serve the Waterfront at Foster Lake Development are as
follows: Street System and Traffic Safety, Storm Water Drainage, Sanitary Sewer System,
Potable and Irrigation Water System, Reservoir and Ditch, Parks and Open Space.
The Waterfront at Foster Lake Development at Foster Lake PUD, Case Number PZ-
1126, is for 1355 single-family detached homes, 425 multi-family residences, 100,000 SF
of commercial development with 204.1 acres of parks and open space is currently under
review by Planning staff and is scheduled to be heard by the Planning Commission in
Autumn 2007.
(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 Waterfront at Foster Lake Development.
The St. Vrain Sanitation District Notice of Court Order of Inclusion, received May 22,
2007, for real property identified as the Anderson/Waterfront at Foster Lakes properties,
effectively includes the real property described in the Order located within Weld County,
Colorado into the St. Vrain Sanitation District boundaries.
Further, the referral dated July 5, 2007, from the St. Vrain Sanitation District states". . .
pursuant to Section 32-1-107, C.R.S., the Districts Board of Directors must adopt a formal
resolution of consent to the overlapping district."
The Longs Peak Water District has a Draft Subdivision Service Agreement between the
District and Midwest Heritage, the applicant for the Waterfront at Foster Lake PUD.
"We, [Longs Peak Water District]will be working on an Intergovernmental Agreement
between Longs Peak and Waterfront to accommodate their request. Once that IGA has
been approved by Waterfront, District staff and legal council, it will be placed on the
agenda for consideration of the Longs Peak Water District Board of Directors at their next
available business meeting. Upon approval, the IGA will be recorded with the County
Clerk and Recorder."
Further, the referral dated July 13, 2007, from the Longs Peak Water District states"[t]he
Service Plan limits the potable water powers of the proposed district to financing and
construction of necessary lines, and therefore the Longs Peak Water District will probably
have no objections to the formation of this metro district. Nevertheless, pursuant to
Sec.32-1-107, C.R.S., this District's Board of Directors must adopt a formal resolution of
consent to the overlapping district."
(c) The proposed special district is capable of providing economical and sufficient service to
the area within its proposed boundaries.
The referral dated June 8, 2007 addresses the concerns of Don Warden, Director of
Finance, Mr. Warden states, "The Financial Plan prepared by Piper Jaffray&Company
appears to be financially feasible and prepared in accordance with Weld County Code
Section 2-14-20 (I). The maximum mill levy of 65 mills with 50 mills maximum for debt
service and up to 15 mills for operations and maintenance 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 June 8, 2007 addresses the concerns of Don Warden, Director of
Finance, Mr. Warden states, "The Financial Plan prepared by Piper Jaffray&Company
appears to be financially feasible and prepared in accordance with Weld County Code
Section 2-14-20 (I). The maximum mill levy of 65 mills with 50 mills maximum for debt
service and up to 15 mills for operations and maintenance 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."
"In conclusion, in review of the financial aspects of the service plan for Waterfront at
Foster Lake Metropolitan Districts 1, 2, and 3, I find the plan to be consistent and in
compliance with all sections of the Weld County Code Article XIV relating to financing of
metropolitan districts. In addition, the Financial Plan for the Waterfront at Foster Lake
Metropolitan Districts 1, 2, and 3, prepared by Piper Jaffray&Company appears to be
financially feasible. Therefore, I recommend approval of the service plan."
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 Waterfront at Foster Lake Development.
The St. Vrain Sanitation District Notice of Court Order of Inclusion, received May 22,
2007, for real property identified as the Anderson/Waterfront at Foster Lakes properties,
effectively includes the real property described in the Order located within Weld County,
r1 Colorado into the St. Vrain Sanitation District boundaries.
Further, the referral dated July 5, 2007, from the St. Vrain Sanitation District states". . .
pursuant to Section 32-1-107, C.R.S., the Districts Board of Directors must adopt a formal
resolution of consent to the overlapping district."
Longs Peak Water District did not return a referral expressing objections to the formation
of overlapping metro districts that are intended to solely serve as financing mechanisms
for internal improvements. The District does have a Draft Subdivision Service
Agreement between the Longs Peak Water District and Midwest Heritage, the applicant
for the Waterfront at Foster Lake PUD.
(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-
20,_1(j1 ,
Service levels and facilities of the Districts 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 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 22-4-20.C and Section 22-4-20.D of the Weld County Code respectively states
"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 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 Chapters 23 and 24 of this Code." (Weld
County Code Ordinance 2002-6).
(e) The creation of the proposed special district will be in the best interests of the area
proposed to be served.
Section 22-2-20.B of the Weld County Code states"The provision of infrastructure, such
as transportation systems, sewage disposal or water systems, are important aspects to
consider during the planning stages of development. The capacity of planned and future
infrastructure shall be evaluated on a site-specific basis."
The Department of Pubic Works in their referral dated July 9, 2007 states "The quantities
and cost estimates shown in the service plan represent a reasonable approximation of the
on-site and off-site public improvements planned for the project. The quantities and
opinion of cost are subject to change based on review and approval of final construction
plans. Additionally, final construction costs subject to change orders, obviously, will have
a direct impact on the costs of public improvements."
The Public Works Department generally approves of the formation of the Waterfront at
Foster Lake Metro Districts Consolidated Service Plan.
Further, Section 22-3-50.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. Consolidation
of public facilities or services and coordination between providers should be encouraged
to avoid duplication of costs and promote efficiency; and Section 22-4-30.E WA.Goal 5.
states "Development will occur in areas where adequate water quantity and quality is
currently available or reasonably obtainable, and Section 22-4-30.E.1 WA.Policy 5.1.
states"Policy applications for proposed development will assess currently available or
reasonably obtainable water quantity and quality." (Weld County Code Ordinance 2002-6)
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, there is a demonstrated need to provide services, because the
proposed Service Area consists of land that is within the Mixed Use Development area
and is currently under review for urban-level development, PZ-1126.
(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 proposed Service Plan explains that the District may be enter into an IGA with the
Water District, Sanitation District, other governmental entities, developers, the owners
association and other services providers to furnish or discharge any facility or service
responsibility of the District set forth in the Service Plan or to provide funding, therefore
details about the nature and ability of the one or more intergovernmental agreements
(IGAs)are not described in the Service Plan. Longs Peak Water District and St. Vrain
Sanitation District will request intergovernmental agreements with the Metropolitan
District.
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.
Waterfront at loiter lake Metropolitan Ditttiet,page 5
(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)(6), 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)(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)(6), 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 65 mills, with 50 mills
maximum for debt service and up to 15 mills 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..))
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)
As currently proposed, the Service District boundaries are coterminous with the
boundaries of the Waterfront at Foster Lake Development. The District will contain all of
the land within the Waterfront at Foster Lake PUD Development.
(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,
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, "After all Debt has been issued by the Districts and
adequate provision has been made for payment of all Debt of all Districts, the electorates
of District Nos. 1 and 2 into a single entity, or the dissolution of a District in accordance
with State law." The Districts will not be dissolved as long as it is providing services and
facilities and discharging its obligations in accordance with the provisions of the Service
Plan.
If all public improvements are transferred to the County or other governmental agencies
or a homeowners association for operation and maintenance, and all bonds or other
obligations of the District are discharged or payment is provided for the District will be
dissolved pursuant to the Act. 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 Special District request is scheduled to be heard by the Planning Commission on July
17, 2007, at 1:30 p.m. The hearing will take place at the Southwest Weld County Service Center at 4209
CR 24.5, located in the northeast corner of 1-25 and County Road 24.
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 720-652-4210, ext. 3549.
Sincerely,
Kim Ogle
Kim Ogle
Planning Manager
ec: Bruce Barker,County Attorney
Thomas Honn,Director of Planning Services
Don Warden, Director of Finance and Administration
File: PZ-1126
Waterfront at Forte take,Metropolitan Distrim 1,a,;: par p
GDEPARTMENT OF PLANNING SERVICES
ilst
CE SOUTHWEST OFFICE
^ 4209 CR CE
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
WIIDc.
COLORADO
June 6, 2007
Marcus A McAskin
Grimshaw & Harring, P.C.
1700 Lincoln St, Ste 3800
Denver CO 80203
Subject: 2007-XX- Request for a Waterfront at Foster Lake Metropolitan District Nos. 1-3 on a parcel of land described
as S2 of Section 27, T3N, R68W; N2 NW4, E2 SW4, and E2 of Section 34, T3N, R68W and NW4 NE4 of
Section 3, T3N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for July 17, 2007, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30
days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if
the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Dacono, Firestone, Frederick, Longmont, and Mead Planning
Commission for their review and comments. Please call Dacono at 303-833-2317, Firestone at 303-833-3291, Frederick
at 303-833-2388, Longmont at 303-651-8601, and Mead at 970-535-4477 for further details regarding the date, time, and
place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Firestone,
Frederick, Longmont, and Mead Planning Commission meeting to answer any questions the Commission members may
have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,
date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be
posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access
drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is
the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
<espectfully,
ti
,fTM
Kim g e
Plant
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