HomeMy WebLinkAbout20062377 COLLINS COCKREL & COLE
PAUL R.COCKREL A PROFESSIONAL CORPORATION TELEPHONE
JAMES P.COLLINS
303-986-1551
ROBERT G.COLE ATTORNEYS AT LAW 800-354-5941
TIMOTHY J.FLYNN 390 UNION BOULEVARD,SUITE 400
EVAN D.ELA DENVER,COLORADO 80228-1556 FACSIMILE
303-986-1755
LINDA G.ALEXANDER www.ccCrm.COm
DAVID A.GREHER DIRECT E-MAIL
JAMES M.MOCK
dgreher@cccfirrn corn
July 11, 2006
VIA HAND DELIVERY
Ms. Donita May
Southwest Weld County Planning Department
4209 County Road 24-1/2
Longmont, Colorado 80504
Re: Kiteley Ranch Metropolitan District
Dear Donita:
Enclosed are twenty (20) bound copies of the draft Service Plan for Kiteley Ranch
Metropolitan District.
Please contact me should you have any questions.
Sincerely,- (I
cii2L._
David A. Greher
DAG/pm
Enclosures
Document)
2006-2377
07-13-2006 04;06PM FROM-collinsicockrea,cole + , T-251 P.002/003 F-011
COLLINS COCKREL & COLE
PAUL R.COCKREL A pROFESSIONAL CORPORATION TELEPHONE
JAMES P.COLLINS 303-088-1551
ROBERT G.COLE ATTORNEYS AT LAW 800.3Cr4-5041
TIMOTHY J FLYNN 300 UNION BOULEVARD,SUITE 400
EVAN P.ELA DENVER,COLORADO 00228.1550 FACSIMILE
303-086-1755
LINDA G.ALEXANDER www.0000rm.eom
DAVID A.GREHER DIRECT E-MAIL
.TAMES M.MOCK dgreher®ealIrm.ca,
July 13, 2006
VIA E-MAIL
AND FACSIMILE
Mr. Kim Ogle, Planner
Weld County
918 10th Street
Greeley, Colorado 80631
Re: Kiteley Ranch Metropolitan District Service Plan Submittal
Dear Mr. Ogle:
We received your letter dated July 10, 2006 addressed to Kiteley Farms, LLLP
(the "Developer") regarding the Service Plan submittal for Kiteley Ranch Metropolitan
District (the "District"). In the second paragraph of your letter, there are instructions to
provide notice to mineral estate owners under Section 24-65.5-103, C.R.S. In our
opinion based upon the analysis set forth below, we do not believe the statute requires
such notice and respectfully request that you please reconsider this requirement.
Section 24-65.5-103(1), C.R,S., imposes a 30 day mail notice requirement for any
"application for development," Section 24-65.5-102(2)(a), C.R.S., defines "application
for development" as:
an application for a preliminary or final plat for a subdivision, a planned
unit development, or any other similar land use designation that is used by
a local government.
(emphasis added). Because the Service Plan submittal relates to the formation of a
special district, and not a land use designation, we believe that its submittal is not "an
application for development" that would require notice by law.
G:\Clients\Kitcley Ranch Metro\Leiters\Ogle-Notice In Mineral
Owncm-071306 v2.dnc
07-13-2006 04:09Pt1 FROM-col Iins&cockrfl coIe + T-251 P.003/003 F-011
• COLLINS COCKREL&COLE
Mr. Kim Ogle, Planner
July 13,2006
Page 2
Alternatively, even assuming that the law applies to the Service Plan submittal, the
Developer should be exempt from any notice requirement. Section 24-65.5-103(1.5),
C.R.S., provides that:
If an applicant files more than one application for development for the same
new surface development with a local government, the applicant shall only
be required to send notice pursuant to subsection (1) of this section of the
initial public hearing scheduled for the first application for development to
be considered by the local government. Local governments shall, pursuant
to section 24-6-402 (7), provide notice of subsequent hearings to mineral
estate owners who register for such notification.
As the Developer has already applied for and received the County's approval for the
Kiteley Ranch Development (the "Development") under the Kiteley Ranch at Foster
Lake P.U,D. Change of Zone Plat, it should be exempt from sending notice to owners of
mineral estates.
If possible, please contact either Paul Cockrel or me today to discuss the
foregoing, as we would need to mail notice tomorrow in order to meet the statutory
deadline for the August 15 hearing. In the interest of time, we have carbon copied
Bruce Barker on this letter to allow him to weigh in on this issue as well.
Thank you for your assistance.
Sincerely,
>4);_isi 9J-je"--
David A. Greher
cc: Bruce T. Barker, County Attorney
Jerrie F, Eckelberger
Paul R. Cockrel
SERVICE PLAN
-
FOR
-
KITELEY RANCH
METROPOLITAN
- DISTRICT
—
WELD COUNTY, COLORADO
—
—
June 2006
-
13IT
I
SERVICE PLAN
FOR
-
KITELEY RANCH
METROPOLITAN
DISTRICT
—
—
WELD COUNTY, COLORADO
— June 2006
TABLE OF CONTENTS
I. INTRODUCTION 1
A. Summary 1
B. General Development Information and Assumptions 4
C. Contents of Service Plan 6
D. Modification of Service Plan 7
II. NEED FOR DISTRICT AND GENERAL POWERS OF DISTRICT 8
A. Need for District 8
B. General Powers of District 8
III. PRIMARY INFRASTRUCTURE PLAN (INCLUDING PRELIMINARY
ENGINEERING SURVEY AND ESTIMATED COSTS OF PUBLIC
IMPROVEMENTS) 11
A. General 11
B. General Design Standards 12
C. Estimated Costs of Public Improvements and Capital Expenditure Plan 15
IV. DEVELOPMENT PROJECTIONS 16
V. FINANCING PLAN 16
A. Administration and Maintenance Costs 16
B. Financing Plan 17
VI. PROPOSED AND EXISTING AGREEMENTS 22
A. County Agreements 22
B. Facility Fee Agreement 22
C. Other Agreements 22
VII. OTHER REQUIREMENTS 22
VIII. DEFINITIONS 23
IX. CONCLUSION 25
EXHIBIT A-1
Map Showing the Boundaries of District, Section Lines and Public Roads
EXHIBIT A-2
Vicinity Map Showing the Legal Boundaries of the District
EXHIBIT B
Legal Description of District
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