HomeMy WebLinkAbout20062411 STATE OF COLORADO, COUNTY OF WELD
NOTICE OF PUBLIC HEARING
IN RE THE CONSOLIDATED SERVICE PLAN FOR ST. VRAIN LAKES METROPOLITAN
DISTRICT NOS. 1-4, COUNTY OF WELD, STATE OF COLORADO
PUBLIC NOTICE IS HEREBY GIVEN that there has been filed with the Board of County
Commissioners of Weld County, Colorado, a Consolidated Service Plan for St. Vrain Lakes
Metropolitan District Nos. 1-4 ("Service Plan"). The Service Plan proposes the creation of St.
Vrain Lakes Metropolitan District Nos. 1, 2, 3 and 4 (the "Districts") as specifically discussed
therein. The Service Plan is on file in the office of the Deputy Clerk to the Board of County
Commissioners, Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631, and is
available for public inspection. The property affected is located in Weld County, Colorado. The
general boundaries of the Districts are Weld County Road 13 to the east, Colorado State Highway
66 to the north, United States Interstate I-25 to the west, and the Saint Vrain River to the south.
Improvements to be provided by the Districts include water, streets, traffic and safety control, parks
and recreation, sanitation, mosquito and pest control and other improvements needed for the area.
The Service Plan limits the Districts' maximum debt service mill levy to 50 mills, subject to
adjustments for changes in the method of calculating assessed valuation or any constitutionally
mandated tax credit, cut or abatement.
NOTICE IS HEREBY FURTHER GIVEN that the Board of County Commissioners of Weld
County Colorado, will hold a public hearing at 9:00 a.m., on August 30, 2006, at the Weld County
Centennial Center, Greeley, Colorado, for the purpose of considering the Service Plan and to form a
basis for adopting a Resolution approving, disapproving or conditionally approving the
Consolidated Service Plan for St. Vrain Lakes Metropolitan District Nos. 1-4. All protests and
objections must be submitted in writing to the Deputy Clerk to the Board of County Commissioners
of Weld County, Colorado at or prior to the public hearing or any continuance or postponement
thereof in order to be considered.
NOTICE IS FURTHER GIVEN that pursuant to Section 32-1-203(3.5), Colorado Revised Statutes,
as amended, any owner of real property within the proposed districts may file a petition with the
Board of County Commissioners of Weld County, Colorado requesting that such real property be
excluded from the districts. Any person owning property in the Districts who requests that his
property be excluded from the Districts prior to approval of the Service Plan shall submit such
request to the Deputy Clerk to the Board of County Commissioners of Weld County, Colorado no
later than ten days prior to the public hearing, but the Board of County Commissioners of Weld
County, Colorado shall not be limited in its action with respect to exclusion of territory based upon
such request. Any request for exclusion shall be acted upon before final action of the Board of
County Commissioners under Section 32-1-205, C.R.S. All protests and objections to the proposed
districts shall be deemed to be waived unless presented at the time and in the manner specified in by
Weld County, Colorado.
BY ORDER OF ESTHER E.
DEPUTY CLERK TO THE BOARD OF COUNTY COMMIS' EXHIBIT
2006-2411 1 G
I , f
August 18, 2006
To the Board of County Commissioners of Weld Country,
Greetings. Pursuant to Section 32-1-203(3.5), Colorado Revised
Statues, as amended, please accept this as our petition for
exclusion from the Consolidated Service Plan for St. Vrain
Lakes Metropolitan District Numbers 1-4.
Our property is located at 13600 Weld County Road 11. The
legal description of said property is:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER (NW 1/4) OF SAID SECTION 25, THENCE N00'00'00"E,
518.80 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER
(NW 1/4) OF SECTION 25 TO THE POINT OF BEGINNING AND WITH
ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE CONTINUING ALONG SAID WEST LINE N00"00'00"E, 250.10
FEET; THENCE N89"08'00"E, 590.00 FEET; THENCE S23'35'56"W,
274.74 FEET; THENCE S89'08'00W, 480.00 FEET TO THE POINT OF
BEGINNING; THUS DESCRIBED TRACT CONTAINING 3.071 ACRES,
MORE OR LESS.
Sincerely,
P. Jane Jones Christopher . Wagner
13600 WCR 11
Longmont, CO 80504
(970)535-4349
GARY R.WHITE DANA K.NOTTINGHAM
KRISTEN D. BEAR WHITE_•_BEAR • ANKELE JOSEPH J. LICO
WILLIAM P.ANKELE,JR REBECCA V.AMENT
PROFESSIONAL CORPORATION CYNTHIA M. BEYER-ULRICH
ATTORNEYS AT LAW
. SEAN ALLEN MELISSA E. RYAN
GEORGE M.ROWLEY HEIDI JUHL*
JENNIFER L.GRUBER** CLINT C.WALDRON
VICTOR J.MUNTEANU
August 28, 2006
Via Federal Express
Kim Ogle
Planning Manager
Weld County Administrative Offices
1555 N. 17th Avenue
Greeley, CO 80631
Re: St. Vrain Lakes Metropolitan District Nos. 1, 2, 3 and 4
Service Plan
Dear Mr. Ogle:
Pursuant to the letter dated August 5, 2006 from Jacqueline Hatch, we have addressed
various issues set forth in the letter and as required by the Planning Commission's
recommendation to the Board of County Commissioners. Each of the concerns and our progress
on the same is addressed below. The Petitioner shall submit the final form of consent from
overlapping Title 32 service providers as required by section 31-1-107, C.R.S., St. Vrain
Sanitation District and Little Thompson Water District, to the County not later than the date of
request for an organizational order from the District Court in accordance with sections 32-1-
305(5) and (6).
The following is a summary of our discussions with various referral agencies:
(a) The applicant shall address the requirements/concerns of the St. Vrain Sanitation
District ("SVSD") as stated in their referrals dated July 19, 2006. Evidence of
approval shall be submitted to the Department of Planning Services.
a. The Developer of the St. Vrain Lakes project will be handling each of the
requests made by SVSD by executing the appropriate agreements and
seeking approval of plans by SVSD for all sanitation improvements
constructed. Each of the concerns set forth in the SVSD referral is being
addressed as either part of the Change of Zone proceeding or pursuant to
direct discussions between the Developer and SVSD. The District will
comply with all SVSD requirements in its construction of the sanitation
improvements permitted under the Service Plan.
EXHIBIT
1805 SHEA CENTER DRIVE, SUITE 100 • HIGHLANDS RANCH, COLORADO 80129 I F
TELEPHONE (303) 858-1800 • FACSIMILE (303) 858-1801 Si / MP
'Afro licensed in Florida Afro licensed in New Mexico
Kim Ogle
Re: St. Vrain Lakes Metropolitan District
August 28, 2006
Page 2 of 3
(b) The applicant shall address the requirements/concerns of the letter from Bernard
Lyons Gaddis and Kahn representing the SVSD as stated in their referrals dated
July 21, 2006. Evidence of approval shall be submitted to the Department of
Planning Services.
a. The provisions of the Service Plan pertaining to sanitation improvements
have been revised and accepted by legal counsel to SVSD, Richard Lyons.
Mr. Lyons has indicated that, based upon these revisions, consent will be
forthcoming from SVSD in connection with the formation of the St. Vrain
Lakes Metropolitan Districts.
(c) The applicant shall address the requirements/concerns of the Longs Peak Water
District as stated in their referral dated July 19, 2006. Evidence of approval shall
be submitted to the Department of Planning Services.
a. It is our understanding that Longs Peak Water District did not submit a
referral in this matter and is not an overlapping service provider.
(d) The applicant shall address the requirements/concerns of the City of Longmont as
stated in their referral dated August 2, 2006. Evidence of approval shall be
submitted to the Department of Planning Services.
a. The Service Plan currently restricts the Districts' use of eminent domain to
circumstances as necessary to implement the Primary Infrastructure Plan.
We have incorporated additional language that would require notice to the
County if eminent domain were desired to be undertaken in connection
with water storage facilities.
Please also note that although a referral was not received by the County, we have had
direct contact with the Little Thompson Water District ("LTWD") and are currently working
with LTWD to address their concerns. We have made additional revisions to the Service Plan in
this regard. In addition, a Stipulation and an intergovernmental agreement are being negotiated
between the parties consistent with the terms of the Service Plan.
Finally, the petitioner has had discussions with the County's Public Works Department
regarding its comments to the Service Plan and the proposed Districts. As a consequence of
those discussions, we have incorporated additional language in the Service Plan regarding the
scope of the public improvements that the Districts will be obligated to maintain. We have
further discussed the scope of the Districts' operation and maintenance responsibilities and the
potential revenue sources with the Public Works Department and believe that they are satisfied
with the results of those discussions without necessitating further changes to the Service Plan.
Kim Ogle
Re: St. Vrain Lakes Metropolitan District
August 28, 2006
Page 3 of 3
A redlined copy of the Service Plan, containing changes made in response to comments
from Public Works, SVSD and LTWD as detailed above, is attached for your information.
Please give me a call if you have any questions.
Very truly yours,
WHITE, BEAR& ANKELE
Professional Corporation
Kristen D. Bear
Enclosures
cc: Tyler Packard
Melissa Ryan
Jacqueline Hatch
S V LMD/LTRS/M ER 1556082306
0799.0003a
Page 1 of 2
Jennifer Luna
From: Bruce Barker
Sent: Tuesday, August 29, 2006 9:14 AM
To: Jennifer Luna; Esther Gesick; Donna Bechler
Subject: FW: St. Vrain -Operations Issues
Importance: High
FYI.
From: Kristen D. Bear [mailto:kbear@wbapc.com]
Sent: Tuesday, August 29, 2006 9:00 AM
To: Bruce Barker
Cc: Tyler Packard; Melissa E. Ryan; Perry Eisenach
Subject: St. Vrain - Operations Issues
Importance: High
Bruce:
Per our conversation yesterday, we are proposing that the following language be modified as part
of the Service Plan itself, rather than presented as part of the Resolution. After thinking about it further,
I'm of the opinion that it would be preferable to include the same as a requirement in the Service Plan so
that we are not "piecemealing" District requirements in various documents. As we discussed, this
project is one that is presented with a significant build-out period and there are a lot of unknowns right
now that cannot be adequately addressed in terms of specific information. As you suggested, there are
various scenarios under which the County may want operations of these public improvements to be
undertaken. This is consistent with the discussions that Tyler Packard has had with Public Works in
addressing their concerns as well. I think that requirement of a future intergovernmental agreement best
protects the interests of both parties. In drafting the language below, we have tried to identify a
reasonable timeframe under which the County and the District can enter into intergovernmental
agreements based upon development within Bayshore. Please review the modified language below
(Section 5 (B)(1) of the Service Plan) and advise of any questions or comments. If acceptable, we will
make coinciding changes to the final form of Service Plan.
1. Operations and Maintenance Limitation
. "Operations and maintenance" shall refer to all actions necessary to maintain the Public
Improvements including, but not limited to, replacement of deteriorated materials and structures
(as determined by County inspection), mowing, seeding, dust control, painting and inlet and pipe
cleanouts. Specifically, the Districts may be responsible for the operation and maintenance of all
drainage facilities including detention ponds, drainage swales, pipes, inlets, outfalls, water
quality installations and erosion protection. All streets, curbs, gutters, bridges, embankments,
sidewalks, divider islands and medians, crosswalks, cross-pans and traffic signals and signage
may also be operated and maintained by the Districts. It is specifically contemplated that certain
of the Public Improvements will be dedicated to the County for perpetual ownership (the
"County Public Improvements"). The Service District shall be required to enter into an
intergovernmental agreement or multiple intergovernmental agreements with the County
("County IGA") that further specifies the scope of the County Public Improvements for which
the District shall undertake responsibility, either financially or directly, and the duration of such
EXHIBIT
8/29/2006 1 G
Page 2 of 2
responsibility. A County IGA shall be negotiated and executed between the Service
District and the County not later than two years from the date of recordation of a plat for any
area within the Project, unless such date is extended in writing by the County. It shall be
considered to be a material modification to the Service Plan of the Districts if such County IGA
is not approved and executed within the allotted timeframe.
The primary purpose of the Districts is to undertake the District Activities, including the
provision of the Public Improvements. The Districts shall dedicate certain Public Improvements
to the County in a manner consistent with the Approved Development Plan, other rules and
regulations of the County and applicable provisions of the County Code or other appropriate
jurisdictions consistent with all applicable rules and regulations of such jurisdiction. In addition
to operations and maintenance of those Public Improvements identified above, the Districts shall
specifically be authorized to own, operate and maintain any part or all of the Public
Improvements not otherwise dedicated to the County or other appropriate jurisdictions, including
the Little Thompson Water District and the St. Vrain Sanitation District, where it can be
demonstrated that having the Districts provide operation and maintenance is in the best interest
of the County and the existing future residents and taxpayers of the District.
Sincerely Yours,
Kristen D. Bear
White, Bear and Ankele Professional Corporation
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Phone: 303-858-1800
Fax: 303-858-1801
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