HomeMy WebLinkAbout20062375 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Kiteley Farms LLLP Case Number 2006-003
Metropolitan District Service Plan
Submitted or Prepared
Prior to At
Hearing Hearing
/A 1 Staff Comments X
Board Resolution-Acceptance of Filing of Service Plan July 10, 2006 X
i- Staff Correspondence X
Letter to Applicant X
Legal Notifications X
. 2 Application X
Maps X
3 Referral List X
4 Referrals without comment
Town of Erie, referral dated July 14,2006 X
City of Dacono, referral dated July 25, 2006 X
Weld County Department of Public Health & Environment referral dated X
July 21, 2006
Mountain View Fire Protection district, referral dated July 28, 2006 X
Referrals with comments
5 X
St Vrain sanitation District, referral date July 19, 2006
Weld County Finance and Administration, referral dated July 23, 2006 X
Longs Peak Water District, referral dated July 25, 2006 X
Weld County Department of Public Works referral received July 25, 2006 X
Bernard Lyons Gaddis& Kahn, PC, representing St. Vrain sanitation District, letter X
dated July 27,2006
City of Longmont, referral received August 2, 2006 X
PC Exhibits
� - 6 Electronic Mail, Cockrel to Martin dated August 10, 2006—Proposed Changes to X
Service Plan per County Summary Comments
7 Electronic Mail, Cockrel to Martin dated August 10, 2006-Service Plan with X
Modifications
' 8 Kiteley Ranch at Foster Lake: O&M Schedule X
9 Electronic Mail Barker to Warden dated August 17, 2006 X
EXHIBIT
/( Electronic Mail of.PDF files from Cockrel to Barker dated August 22, 2006 X
2006-2375
I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
r \
Ogle
Kim Ogle + labhir
a At Cf:41"%11 DEPARTMENT OF PLANNING SERVICES
4209 CR 24.5
LONGMONT, COLORADO 80504
W SITE:O PHONEE(720) 652-(7 O)EXT.
6 2 711
COLORADO
August 3, 2006
Kiteley Farms, LLLP
do Paul Cockrel
Collins Cockrel &Cole
390 Union Boulevard Ste 400
Denver CO 80228-1556
Subject: Service Plan Application for Proposed Kiteley Farms, LLLP Metropolitan District
Legal: Lot B of RE-843; being part of the NW4 of Section 27, T3N, R66W of the 6th P.M.,
Weld County, Colorado.
Dear Mr. Cockrel:
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 August 15, 2006, 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 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 Public Health & Environment, referral received 7/27/06
• Weld County Department of Finance, referral received 7/25/06
• City of Longmont, referral received 8/2/06
• Town of Erie, referral received 7/14/06
• Mt. View Fire Protection District, referral received 7/28/06
• City of Dacono, referral received 7/25/06
• St. Vrain Sanitation District, referral received 7/16/06 & 7/28/06
• Longs Peak Water District, referral received 7/26/06
EXHIBIT
Weld County Department of Public Works, memos dated 7/24/06 & 7/25/06
The Department of Planning Services' staff has not received responses from the following
agencies:
Weld County Attorney's Office
Oil and Gas Conservation Commission
Town of Berthoud
• 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 Kiteley Farms, LLLP 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 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 proposal identifies that the District will finance, acquire, construct, equip, complete,
manage, operate, provide, and maintain public improvements and services throughout
the Kiteley Ranch 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.
The proposed public improvements to be financed, acquired, installed and constructed
by the district to serve the Kiteley Ranch Development are as follows: Street System
and Traffic Safety, Storm Drainage, Sanitary Sewer System, Water System, and Park
and Recreation.
The Kiteley Ranch Development at Foster Lake PUD Change of Zone, PZ#1082 is for
427 single-family detached homes with 31.11 acres of parks and open space and was
approved by the Board of County Commissioners on July 26, 2006.
(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 Kiteley Ranch Development.
The St. Vrain Sanitation District in their referral dated 7/27/06 states, "the Kiteley Ranch
Kiteley Farms LLLP 2006-003 2
Metropolitan Districts' proposed boundaries are not currently within the this District's
boundaries."
Longs Peak Water District indicated in their referral dated 7/25/06 that they do not
express objections to the formation of overlapping metro districts that are intended to
solely served as financing mechanisms for internal improvements.
(c) The proposed special district is capable of providing economical and sufficient service
to the area within its proposed boundaries.
The referral dated 7/23/06 addresses the concerns of Don Warden, Director of
Finance, Mr. Warden states, "The Financial Plan prepared by George K. Baum &
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 7/23/06 addresses the concems of Don Warden, Director of
Finance, Mr. Warden States, "The Financial Plan prepared by George K. Baum &
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 Kiteley Ranch Metropolitan District 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 Kiteley Ranch
Metropolitan District prepared by George K. Baum & 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":
(b) 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 Kiteley Ranch Development.
The St. Vrain Sanitation District in their referral dated 7/27/06 states, "the Kiteley Ranch
Kiteley Farms LLLP 2006-003 3
Metropolitan Districts' proposed boundaries are not currently within the this District's
boundaries."
Longs Peak Water District indicated in their referral dated 7/25/06 that they do not
express objections to the formation of an overlapping metro districts that are intended
to solely served as financing mechanisms for internal improvements.
(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,
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.
Section 22-4-20.C and Section 22-4-20.D of the Weld County Code respectively state
"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."
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-
Kiteley Farms LLP 2006-003 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 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."
(c) 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 zoned for urban-level development.
(d) 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 entered into 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 fourth in the Service Plan or to provide funding therefor.
Details about the nature and ability of this Agreement are not described in the Service
Plan. In the referrals from Longs Peak Water District dated 7/25/06 and St. Vrain
Sanitation District dated 7/27/06 and 7/19/06 they are requesting intergovernmental
agreements with the Metro District.
The proposed Plan does state 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.
(d) The Service Plan shall include the description of any planned inclusion into, or
Kiteley Farms, LLL 2006-003 5
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 65 mills, with 50
mills maximum for debt service and up to 15 mills for operations and maintenance
costs.
Kiteley Farms,LLL 2006-003 6
(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 therefor 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 Kiteley Ranch Development. The District will contain all of the land
within the Kiteley Ranch 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)
r. The Service Plan states the following, "The District 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.
Prior to the Board of County Commissioners hearing:
(a) The applicant shall amend the Metropolitan District Service Plan to address the
concerns of the Weld County Department of Public Works as stated in their memos
dated 7/24/06 & 7/25/06. Evidence of such shall be submitted to the Weld County
Department of Planning Services.
(b) On page 10 pargraph 9.a of the Service Plan the applicant shall change Section 2-14-
20.G to reflect Section 2-14-20.E of the Weld County Code.
Prior to Proceeding to District Court:
(a) The applicant shall address the requirements/concerns of the St. Vrain Sanitation
District as stated in their referrals dated 7/19/06 & 7/27/06. Evidence of such shall be
submitted to the Weld County Department of Planning Services.
Kiteley Fanns,LLL 2006-003 7
(b) The applicant shall address the requirements/concerns of the Longs Peak Water
District as stated in their referrals dated 7/25/06. Evidence of such shall be submitted
to the Weld County Department of Planning Services.
As discussed, the Special District request is scheduled to be heard by the Planning
Commission on August 15, 2006, 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 I-25 and
State Highway 119.
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. 8730.
Regards,
Michelle Martin, Planner II
cc: Bruce Barker, County Attorney
Monica Daniels-Mika, Director of Planning Services
Don Warden, Director of Finance and Administration
r
Kiteley Farms,LLL 2006-003 8
RESOLUTION
RE: ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO WELD COUNTY
PLANNING COMMISSION FOR STUDY AND RECOMMENDATION, AND SET
HEARING DATE FOR CONSIDERATION - KITELEY RANCH METROPOLITAN
DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Service Plan for the Kiteley Ranch Metropolitan District has been
received by the Clerk to the Board from the proposed Metropolitan District's attorneys, Collins
Cockrel and Cole, 390 Union Boulevard, Suite 400, Denver, Colorado 80228-1556, for filing
with, and consideration by, the Board of County Commissioners, and
WHEREAS, Section 32-1-204(2), C.R.S., requires that the Service Plan be delivered to
the Weld County Planning Commission for study and recommendation to the Board of County
Commissioners, such recommendation to be received by the Board within thirty (30) days after
the filing of the Service Plan, and
WHEREAS, the Board deems that the date of filing should be commensurate with the
date of this Resolution, in order to allow enough time for referrals of the Service Plans to
appropriate agencies for comment prior to the public hearing before the Planning Commission,
and
WHEREAS, the Board of County Commissioners deems it advisable to accept the filing
of the Service Plan as of July 10, 2006, and to refer it to the Weld County Planning Commission
for study and recommendation back to the Board of County Commissioners, such
recommendation to be received by the Board prior to August 23, 2006, pursuant to the
proposed schedule recommended by the applicant, which schedule waives the thirty-day
requirement, and
WHEREAS, the Board of County Commissioners deems it advisable to set a public
hearing date for its consideration of said Service Plan, said hearing date to be August 30, 2006,
at 9:00 a.m., and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the filing of said Service Plan be, and hereby is, accepted.
BE IT FURTHER RESOLVED that said Service Plan be, and hereby is, referred to the
Weld County Planning Commission for study and recommendation back to the Board of County
Commissioners, such recommendation to be received by the Board prior to August 23, 2006.
2006-1855
SD0129
RE: SERVICE PLAN - KITELEY RANCH METROPOLITAN DISTRICT
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the public hearing for consideration of the Kiteley Ranch Metropolitan District be,
and hereby is, August 30, 2006, at 9:00 a.m.
BE IT FURTHER RESOLVED by the Board of County Commissioners that the
organizers of the proposed Metropolitan District have paid the filing fee of $500.00, by Check
#**, as required by Appendix 5-D of the Weld County Code, to the Clerk to the Board.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
M. J. Geile, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tem
BY:
Deputy Clerk to the Board
William H. Jerke
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
Date of signature:
2006-1855
SD0129
Page 1 of 3
Michelle Martin
From: Kim Ogle
Sent: Wednesday, July 19, 2006 10:01 AM
To: Jacqueline Hatch; Michelle Martin
Cc: Kim Ogle
Subject: FW: St Vrain Lakes Metropolitan District Nos. 1-4
From: Esther Gesick
Sent: Wednesday, July 19, 2006 8:52 AM
To: Kim Ogle
Cc: Donita May; Bruce Barker
Subject: RE: St Vrain Lakes Metropolitan District Nos. 1-4
Kim,
I made arrangements with the applicants to provide legal and mailed notice of the BOCC hearing on both Service
Plans, and I would guess they can do the same for PC if they are given adequate time. I did request that they
provide a copy of the notice, legal affidavit, and mailing list for the file. If staff intends to do the notification for PC,
I'll leave that up to you and Donita.
Thanks!
Esther
From: Kim Ogle
Sent: Saturday, July 15, 2006 4:05 PM
To: Bruce Barker
Cc: Esther Gesick; Donita May
Subject: RE: St Vrain Lakes Metropolitan District Nos. 1-4
Bruce
It appears that Planning Staff will provide notice of Hearing based on the Pioneer Metro District. I will copy Esther
and donita to determine who takes lead.
Kim
From: Bruce Barker
Sent: Saturday, July 15, 2006 3:52 PM
To: Kim Ogle
Subject: RE: St Vrain Lakes Metropolitan District Nos. 1-4
Did we do a notice for the PC for Pioneer? It seems to me that they should provide notice of the PC meeting.
Public body making a decision regarding a public issue. May not be required by statute, but makes sense to me.
Bruce.
•
From: Kim Ogle
Sent: Saturday, July 15, 2006 12:04 PM
To: Bruce Barker
07/19/2006
.► Page 2 of 3
Subject: RE: St Vrain Lakes Metropolitan District Nos. 1-4
Hello Bruce
Could you provide direction to me thanks.
kim
From: Donette B. Hunter [mailto:dhunter@wbapc.com]
Sent: Friday, July 14, 2006 10:09 AM
To: Kim Ogle
Cc: Kristen D. Bear; Crystal D. Schenck
Subject: FW: St Vrain Lakes Metropolitan District Nos. 1-4
Mr. Ogle:
Kristen wanted me to double check with you to make certain that there are no notice requirements for the
planning commission hearing. I cannot find anything in the County regulations that would lead me to believe
there are any requirements, nor have we ever done any notices for planning commission hearings in Weld
County. Please verify and thank you for your attention.
Donette
From: Donette B. Hunter
Sent: Thursday, July 13, 2006 4:59 PM
To: 'Kim Ogle'
Subject: RE: St Vrain Lakes Metropolitan District Nos. 1-4
Thank you for your attention, I appreciate your consideration and quick response.
Donette
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Thursday, July 13, 2006 4:56 PM
To: Donette B. Hunter
Subject: RE: St Vrain Lakes Metropolitan District Nos. 1-4
Donette
In consultation with Bruce Barker, County Attorney, Weld County Government concurs with your conclusion
regarding mineral notification. Weld County Government will waive this requirement for notification of the mineral
estate for the Metropolitian District Service Plan.
Thank you
Kim Ogle
Planning Manager
Southwest Weld Service Center
4209 CR 24.5
Longmont, CO 80505
720.652.4210 extension 8730 T
720.652.4211 Facsimile
kogle@co.weld.co.us
From: Donette B. Hunter [mailto:dhunter@wbapc.com]
Sent: Thursday, July 13, 2006 4:52 PM
To: Kim Ogle
Cc: Kristen D. Bear; Crystal D. Schenck
07/19/2006
Page 3 of 3
Subject: St Vrain Lakes Metropolitan District Nos. 1-4
^ Mr. Ogle:
We are in receipt of your July 10, 2006 letter wherein you state that you believe the Districts are
responsible for complying with 24-65.5.103 CRS. Special districts are governed by the Special District
Act and require different sets of notices prior to the Board of County Commissioners Hearing. These
notices are sent to property owners within the proposed district(s) and entities that have levied an ad
valorem tax the year prior within a three-mile radius of the proposed district(s). Along with the mailing
of these notices, is a publication requirement that publishes the notice of public hearing by the Board of
County Commissioners.
Please note the applications defined in 24-65.5-102(2)(a) CRS refer to applications submitted by
a local government. Under 24-65.5-102(3) CRS a local government is defined as a county, a home rule
or statutory city, town, or city and county; or a territorial charter city.
If you would be so kind as to call me at (303) 858-1800 in order that we can further discuss this
matter, I would appreciate your time. I tried to phone you this afternoon, but was unable to reach
anyone in the planning department. As you can see, if we do need to get this notice to the mineral estate
owners, we will need to get the information from the county, draft a notice and get this mailed out
tomorrow. Thank you in advance.
Donette Hunter, Principal Paralegal
White, Bear&Ankele Professional Corporation
1805 Shea Center Drive, Suite 100
. , Highlands Ranch, Colorado 80129
Phone: (303) 858-1800
Fax: (303) 858-1801
Email: dhuntera2wbapc.com
THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL
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07/19/2006
Page 1 of 1
Michelle Martin
From: Kim Ogle
Sent: Saturday, July 15, 2006 12:08 PM
To: Michelle Martin
Subject: FW: Kiteley Ranch Metropolitan District
From: Esther Gesick
Sent: Wednesday, July 12, 2006 2:32 PM
To: dgreher@cccfirm.com
Cc: Bruce Barker; Kim Ogle
Subject: Kiteley Ranch Metropolitan District
David,
I have attached a copy of the Resolution, which sets the hearing date for August 30, 2006, at 9:00 a.m., which will
require publication on or before August 9, 2006, to meet the 20-day publication deadline. As we discussed, your
firm will be responsible for completing the notice and ensuring the proper notification is sent to the municipalities
and newpaper. Please provide copies of the notice, newspaper affidavit, mailing list, etc., to be included in our
file. The legal newspaper for Weld County is as follows:
Fort Lupton Press
Attn: Bobi Lopez
mwlegals@indra.com
303-659-2522 X200
303-637-7955 (fax)
Deadline: 12:00 p.m. Friday
Published: Wednesday following
Additionally, the filing fee is $500.00, which should be made payable to: Weld County Clerk to the Board. The
attached Resolution will be completed upon receipt of the check. You may want to contact the Department of
Planning Services to confirm the Planning Commission date; it is my understanding that it should be listed on the
August 15, 2006, Agenda.
If you have any questions, please let me know.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
07/17/2006
Page 1 of 2
Michelle Martin
From: David Greher[dgreher@cccfirm.com] •
Sent: Thursday, July 13, 2006 4:23 PM
To: Kim Ogle
Cc: Michelle Martin; Jacqueline Hatch; Bruce Barker; Jerrie F. Eckelberger; pcockrel@cccfirm.com
Subject: RE: Kiteley Ranch Metropolitan District- Service Plan Submittal
Thank you very much for your prompt attention and reply. We truly appreciate it.
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Thursday, July 13, 2006 4:21 PM
To: dgreher@cccfirm.com
Cc: Michelle Martin; Jacqueline Hatch; Bruce Barker
Subject: RE: Kiteley Ranch Metropolitan District - Service Plan Submittal
David
In consultation with Bruce Barker, County Attorney, Weld County Government concurs with your conclusion
regarding mineral notification. Weld County Government will waive this requirement for notification of the mineral
estate for the Metropolitian District Service Plan.
Kim Ogle
Planning Manager
r Southwest Weld Service Center
4209 CR 24.5
Longmont, CO 80505
720.652.4210 extension 8730 T
720.652.4211 Facsimile
kogle@co.weld.co.us
From: David Greher [mailto:dgreher@cccfirm.com]
Sent: Thursday, July 13, 2006 4:12 PM
To: Kim Ogle
Cc: Bruce Barker; Jerrie F. Eckelberger; pcockrel@cccfirm.com
Subject: Kiteley Ranch Metropolitan District - Service Plan Submittal
Importance: High •
Please see attached correspondence.
David A. Greher
Collins Cockrel &Cole
390 Union Boulevard, Suite 400
Denver, Colorado 80228-1556
303.986.1551, Ext. 111 (Telephone)
800.354.5941, Ext. 111 (Toll Free)
303.986.1755 (Facsimile)
dgreherecccfirm.com
RIVILEGED COMMUNICATION. This email may contain attorney-client or otherwise privileged and confidential information intended only for the use
f the individual or entity named above. Dissemination,distribution or copying of this communication is strictly prohibited. If you are an attorney or law
rm.consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error,please reply to
to sender that you received the message in error and delete this email.
07/14/2006
Page 1 of 2
Jennifer Luna
r
From: Bruce Barker
Sent: Tuesday, August 22, 2006 1:54 PM
To: Esther Gesick; Jennifer Luna
Cc: Kim Ogle; Michelle Martin
Subject: FW: Kiteley Ranch Metropolitan District Service Plan
Attachments: Certification Mailing and Publication.pdf; E. Kiteley Letter.pdf; Metro-District-Service-
Plan.Ex.B.pdf; BLGK Letter.pdf; Exhibit C-1 to Service Plan.doc
Please place in file for Kiteley Ranch metro district.
From: Paul Cockrel [mailto:pcockrel@cccfirm.com]
Sent: Tuesday, August 22, 2006 12:10 PM
To: Bruce Barker
Cc: Michelle Martin; Peter Schei; Kim Ogle; pisenach@co.weld.co.us; David Bauer; Donita May; 'Jerrie
Eckelberger'; mkmiro@samiro.com; dgreher@cccfirm.com
Subject: RE: Kiteley Ranch Metropolitan District Service Plan
Bruce - I would request that the following documents be included in the official record of the hearing to be held
before the Board of County Commissioners on the Kiteley Ranch Service Plan on August 30, 2006:
1. Certification of Publication and Mailing of Notice of Hearing with exhibits, including the Notice of Hearing
'^` form, Proof of Publication in the Fort Lupton Press, a list of municipalities and special districts to whom notice was
provided, and the Notice of Hearing mailed to each affected property owner identified on the list provided by the
Weld County Assessor.
2. A letter dated August 14, 2006 from Ernie Kiteley, General Partner of Kiteley Farms, LLP, the owner of the
affected property, confirming the authorization of Longs Peak Investors, LLC to represent Kiteley Farms, LLLP for
purposes of organizing the District.
3. A revised legal description of District boundaries to be attached as Exhibit B to the Service Plan, which in
effect excludes the 3.05 acre Kiteley Homestead Tract as previously discussed.
4. A revised Exhibit C-1, which changes the designation of the electrical utility under the Public Improvements
Matrix, for insertion into the Service Plan.
5. A letter dated August 17, 2006 from Bernard, Lyons, Gaddis and Kahn, attorney for the St. Vrain Sanitation
District, confirming that St. Vrain will not require the dissolution of the District because of the need to provide
ongoing services.
I would also request that you or another County staff person forward a copy of the Resolution of the Weld County
Planning Commission recommending approval of the Kiteley Ranch Service Plan. If the Planning Department
has prepared another staff recommendation for the Board of County Commissioners, then I would also appreciate
receiving a copy of that document. Thank you for your cooperation. If you have any question, please advise.
ul Cockrel
C Ilins Cockrel &Cole
390 Union Boulevard, Suite 400
Denver, Colorado 80228-1556
303.986.1551 Telephone
800.354.5941 Toll Free
8/22/2006
Page 2 of 2
303.986.1755 Facsimile
RIVILEGED COMMUNICATION. This email may contain attorney-client or otherwise privileged and confidential information intended only for the use
f the individual or entity named above. Dissemination,distribution or copying of this communication is strictly prohibited. If you are an attorney or law
nn.consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error,please reply to
to sender that you received the message in error and delete this email.
.TTACIIMENTS. Although this email and any attachments are believed to be free of any virus,the files should be virus scanned before opening them.
8/22/2006
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH t
GREELEY, CO 8063 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
WliD Co SOUTHWEST4209 OFFICE
24.5
COLORADO LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
July 10, 2006
Kiteley Farms LLLP
do Paul Cockrel
Collins Cockrel & Cole
390 Union Boulevard Ste 400
Denver CO 80228-1556
Subject: 2006-XX-Kiteley Farms LLLP, Service Plan for a Metropolitan District(Kiteley Ranch at Foster Lake), located on
Lot B of RE-843; part NW4 of Section 27, 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 August 15, 2006, 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
)e in attendance to answer any questions the Planning Commission members may have.
IL 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.
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.
Respectfully,
Kim
Plann
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