HomeMy WebLinkAbout20062403 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Paul Branham 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: 2006-04 - St Vrain Lakes PUD.
APPLICANT: Kristen D. Bear, White, Bear&Ankele PC.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Parts of Sections 25, 35, and 36, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Service Plan for Metropolitan Districts 1, 2, 3, and 4 (St
Vrain Lakes PUD).
LOCATION: Multiple parcels generally located east of and adjacent to
the 1-25 Frontage Road; south of and adjacent to SH 66;
west of and adjacent to CR 13; and north of and adjacent
to St. Vrain River.
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 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 submitted Service District#1 and supporting Financing Districts #2-4 are proposed to
provide urban services within an area of Weld County that is zoned PUD with (E)Estate; (R-
1)Low Density Residential; (R-2)Duplex Residential; (R-3)Medium Density Residential;(R-
4)High Density Residential;(C-1)Neighborhood Commercial,(C-2)General Commercial and
continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District. The
subdivision is identified as the St. Vrain Lakes PUD and comprises of approximately 1313
acres with 4800 to 5131 residential lots with an average lot size of 7500-8000 SF.There are
also three commercial development areas(40 acres)and a municipal development area(22
acres),three school sites and 334 acres of open space. The PUD is located within the Mixed
Use Development (MUD) area, and within the three mile Municipal referral area with the
Towns of Mead, Firestone, and Frederick. The Board of County Commissioners approved
the Change of Zone application (PZ-1078) on March 15, 2006.
The applicant has indicated in their application that the financing plan and the content of the
service plan describe the overall development plans for the project. The project will require
substantial public improvements, in excess of $99,000,000. in order to facilitate build-out.
Implementation of an organized and coordinated financing and phased construction program
through the proposed districts is crucial for a development of this size and scope.
Accordingly, the demand for the services and facilities to be provided by the districts is
demonstrable.
b) The existing service in the area to be served by the proposed special district is inadequate for
present and projected needs.
The applicant has indicated in their application that there are currently no other entities in
existence in the project area which have the ability and/or desire to undertake the design,
financing and construction of improvements needed for the community. It is also the
developer's understanding that the County does not consider it feasible or practicable for the
County to provide the necessary services and facilities for the project. Consequently, use of
the new districts is deemed necessary for the provision of public improvements in the project.
Therefore, provision of facilities will not be available through other institutions.
The letter from Bernard, Lyons, Gaddis and Kahn representing the St. Vrain Sanitation
District dated July 21, 2006 states, "most if not all of the proposed districts boundaries would
DOW
2006-2403
Resolution 2006-04 St Vrain Lakes
Kristen Bear
Page 2
fall within this districts boundaries and pursuant to Sec. 32-1-107, C.R.S., a metro district
possessing the same sanitation district powers as the St.Vrain Sanitation District cannot be
formed within the boundaries of St. Vrain without a resolution of approval by this District's
board of Directors. This district is willing to grant such a resolution of consent provided that
the new metro district agrees to either an amendment of the submitted service plan of the
execution of an IGA that expressly limits the exercise of their statutory powers so as to not
conflict with this districts exercise of its powers, service plan and service area." The St.Vrain
Sanitation District has outlined nine items to be addressed regarding the service plan.
Little Thompson Water District has not responded to the referral request at this time.
c) The proposed special district is capable of providing economical and sufficient service to the
area within its proposed boundaries.
The referral dated July 23, 2006 addresses the concerns of Don Warden, Director of
Finance. Mr. Warden states, "St. Vrain Lakes Metropolitan Districts 1, 2, 3, and 4 prepared
by Stan Bernstein and Associates, Inc.,and reviewed by D.A. Davidson&Company appears
to be financially feasible and prepared in accordance with the Weld County Code Section 2-
14-300). 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."
The applicant has indicated in their application that the proposed districts are necessary in
order to provide at the most economical and efficient means of undertaking the district
activities to serve existing and future residents within their respective boundaries. The
financing plan demonstrates the feasibility of providing the districts activities proposed here in
on an economical basis. The formation of the district will facilitate the financing of the
proposed public improvements in the most cost effective manner as the districts will have
access to tax-except financing not otherwise available to private entities.
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 July 23, 2006 addresses the concerns of Don Warden, Director of
Finance. Mr. Warden States, "St.Vrain Lakes Metropolitan Districts 1,2, 3, and 4 prepared
by Stan Bernstein and Associates, Inc.,and reviewed by D.A. Davidson&Company appears
to be financially feasible and prepared in accordance with the Weld County Code Section 2-
14-300). 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 St.Vrain Lakes PUD 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 St. Vrain Lakes
Metropolitan District prepared by George K. Baum & Company appears to be financially
feasible. Therefore, I recommend approval of the service plan."
The applicant has indicated in their application that the matters described in the Consolidated
Service Plan for St. Vrain Lakes Metropolitan District#1-4 establish that the creation of the
district is in the best interest of the area to be served, in that they establish a demand for
public improvements that otherwise will be unmet by other governmental entities. The
districts also offer the advantage of obtaining public financing to fund these improvements. In
addition, the use of a multiple district structure is beneficial, as it permits: (a)the phasing of
improvements to occur according to logical development modules, resulting in a more
specific association of cost with benefit and less incentive to initiate pubic improvements
Resolution 2006-04 St Vrain Lakes
Kristen Bear
Page 3
programs too far in advance of development; (b)the ability to arrange for delivery of public
infrastructure in a manner that will conform to the approved development plans that will be
associated with the project in the future, thus permitting development of the project in
accordance with County expectations;and (c)maintenance of a reasonably uniform mill levy
and fee structure through coordinated planning and financing for construction of public
improvements.
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 St.Vrain
Lakes PUD Development.
The letter from Bernard, Lyons, Gaddis and Kahn representing the St. Vrain Sanitation
District dated July 21,2006 states,"most if not all of the proposed districts boundaries would
fall within this districts boundaries and pursuant to Sec. 32-1-107, C.R.S., a metro district
possessing the same sanitation district powers as the St.Vrain Sanitation District can not be
formed within the boundaries of St. Vrain without a resolution of approval by this District's
board of Directors. This district is willing to grant such a resolution of consent provided that
the new metro district agrees to either an amendment of the submitted service plan of the
execution of an IGA that expressly limits the exercise of their statutory powers so as to not
conflict with this districts exercise of its powers, service plan and service area." The St.Vrain
Sanitation District has outlined nine items to be addressed regarding the service plan.
Little Thompson Water District has not responded to the referral request at this time.
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).
The applicant has indicated in their application that the service plan and all applicable rules
and regulations of the County and other jurisdictions require that all facility and service
standards associated with the public improvements must be met. Consequently, all facility
and service standards will be compatible with all governing jurisdictions.
c) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-
28-106, C.R.S.
The proposed Services Plans are in conformance with the adopted Weld County
Comprehensive (Master) Plan.
The applicant has indicated in their application that the service plan clearly states that all
pubic improvements must be in accordance applicable ordinances,codes and regulations of
the County, inclusive of the applicable master plan and any water quality management plan.
The service plans future makes it clear that the County has exclusive jurisdiction over all
property development issues within the boundaries of the districts.
d) The proposal is in compliance with any duly adopted county, regional, or state long-range
water quality management plan for the area.
Resolution 2006-04 St Vrain Lakes
Kristen Bear
Page 4
The Department of Planning Services has not received a referral from the Little Thompson
Water District at this time and is unable to evaluate water quality standards, although the
proposed District presumably would comply with state and other jurisdictional requirements.
e) The creation of the proposed special district will be in the best interests of the area proposed
to be served.
The applicant has indicated in their application that the matters in the service plan establish
that the creation of the districts is in the best interests of the area to be served, in that they
establish a significant demand for public improvements that will not otherwise be provided by
existing governmental entities. The districts offer the advantage of obtaining pubic financing
to fund these improvements. In addition,the use of a multiple district structure is beneficial ,
as it permits: (a) the phasing of improvements to occur according to logical development
modules, resulting in a more specific association of cost with benefit and less incentive to
initiate pubic improvements programs too far in advance of development; (b) the ability to
arrange for delivery of public infrastructure in a manner that will conform to the approved
development plans that will be associated with the project in the future, thus permitting
development of the project in accordance with County expectations;and(c)maintenance of a
reasonably uniform mill levy and fee structure through coordinated planning and financing for
construction of public improvements.
3. Section 2-14-10 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 District and
other Title 32 Special Districts."
a) Section 2-14-10.8 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.B
The submitted Service District and supporting Financing Districts are proposed to provide
urban services within an area of Weld County that is zoned PUD with (E) Estate; (R-1) Low
Density Residential;(R-2)Duplex Residential; (R-3)Medium Density Residential;(R-4)High
Density Residential; (C-1) Neighborhood Commercial, (C-2) General Commercial and
continuing Oil and Gas Production Uses in the Mixed Use Development Overlay District.
Identified as the St.Vrain Lakes PUD and comprising of approximately 1313 acres with 4800
to 5131 residential lots with an average lot size of 7500-8000 SF. There are also three
commercial development areas (40 acres) and a municipal development area (22 acres),
three school sites and 334 acres of open space. The PUD is located within the Mixed Use
Development(MUD)area,and within the three mile Municipal referral area with the Towns of
Mead, Firestone,and Frederick. The Board of County Commissioner approved the Change
of Zone application (PZ-1078) on March 15, 2006.
b) Section 2-14-20.C 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.
As previously discussed, the need for urban-level services has been adequately
demonstrated. The applicant has indicated in their application that the districts expect and
are authorized to own, operate and maintain certain public improvements not dedicated to the
County or other governmental entitles, the scope of which shall include, but not necessarily
be limited to park and recreation improvements, lake and water amenities within the project
and associated recreation facilities and buildings. Certain other public improvements will be
dedicated to either County, or in the case of water and sanitation improvements to the Little
Thompson Water District and the St.Vrain Sanitation District, respectively, according to the
Resolution 2006-04 St Vrain Lakes
Kristen Bear
Page 5
requisite procedures for eth specific entity. Determination of both the scope and manner in
which specific public improvements will be dedicated to the County and/or other
governmental entities will be the subject of separate agreements among the interested
parties.
c) Section 2-14-20.D 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.
The proposed Service Plans explain that water and sanitation services will be provided via an
Agreement with the St. Vrain Sanitation District and the Little Thompson Water District.
d) Section 2-14-20. E 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.
The proposed Plans do provide for County notification and/or consideration of any expansion
or contraction of the District, regardless of the size of the potential area. Any proposed
inclusion or exclusion of property shall require forty-five day published and written notice to
the County made pursuant to Section 23-1-207(3)(b) C.R.S.
e) Section 2-14-20.F 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.
The Plans as proposed do exclude the possibility of extraterritorial service agreements. With
the specific exemption of facilities to be constructed outside the boundaries of the districts
and which are necessary for the development of the project and are set forth as part of the
primary infrastructure plan, the district may only provide services to properties outside the
districts service area pursuant to extraterritorial service agreements with the written consent
of the County's Board of County Commissioners. Any extraterritorial service agreements
entered into by the district that are not described in the service plan shall require forty-five day
notice publication and written notice to the County pursuant to Section 31-1-207(3)(b)C.R.S.
f) Section 2-14-20.G 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.
The proposed Plans do limit the Districts'eminent domain powers. The districts shall have
the power to exercise the power of eminent domain, but only in connection with carrying out
the districts essential purposes and functions and the districts primary infrastructure plan,
provided further,that the use of eminent domain shall be undertake in strict compliance with
State and Federal law. The use of eminent domain or a material change in the primary
Resolution 2006-04 St Vrain Lakes
Kristen Bear
Page 6
infrastructure plan by the districts not otherwise contemplated herein or required by an
approved development plan shall require forth-five day published and written notice to the
County pursuant to Section 32-1-207(3)(b)C.R.S.
g) Section 2-14-20.H 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").
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.
h) Section 2-14-20.J 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.
The proposed Plans do provide for any notification and consideration by the County for
proposed ballot questions for formation elections,debt authorization,or"de-Brucing"clauses.
No later than thirty days prior to an election thereon, proposed ballot questions for a
formation election, dept authorization or de-Brucing will be submitted to the County for filing
and review.
i) Section 2-14-40.A It is the intent of Weld County that"citizen/resident"control of Districts be
encouraged to occur as early as possible.
The applicant has indicated in their application that the districts are proposed to exist
pursuant to a multiple district structure as the projected absorption of the project and public
improvements to be financed is projected to extend well over a ten year period from the date
anticipated for organization of the districts. Additionally, the project includes multiple uses
including various types of residential products and commercial development. The boundaries
of the three financing districts are based upon two separate phases of residential
development and a separate parcel that shall include commercial development. District
number 1 is proposed to be the service district and is expected to coordinate the manner in
which the district activities shall be conducted with and between each of the financing district
pursuant to one for more district IGA's.
j) Section 2-14-50 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.
The applicant has indicated in their application that after all bonds or their debt instruments
have been issued by the districts and adequate provision has been made for payment of all
debt of the service district and financing districts, the electorate of the districts will have the
opportunity to consider either the consolidation of the service district and financing district into
a single entity, of the dissolution of the service district and/or financing districts in accordance
the state law.
Prior to the Board of County Commissioners hearing:
Resolution 2006-04 St Vrain Lakes
Kristen Bear
Page 7
(a) The applicant shall amend the Metropolitan District to include the concerns of the Weld County
Department of Public Works as stated in their email dated July 24, 2006&memorandum dated July
25, 2006. Evidence of approval shall be submitted to the Department of Planning Services.
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 July 19, 2006. Evidence of approval shall be submitted to the Department of
Planning Services.
(b) The applicant shall address the requirements/concerns of the letter from Bernard Lyons Gaddis and
Kahn representing the St. Vrain Sanitation District as stated in their referrals dated July 21, 2006.
Evidence of approval shall be submitted to the Department of Planning Services.
(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.
(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.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Doug Ochsner
James Welch
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 August 15 ,2006.
Dated the 15th day of August, 2006.
Donita May
Secretary
os ,5J �
in the future as all the documents were there today. Chad Auer said it would allow staff to be better prepared
for the hearing.
Ms. Hatch said staff would be comfortable presenting the case today. Doug Ochsner asked about the case
load for the September 19 hearing. Kim Ogle, Department of Planning Services, said the September 19, 2006
hearing contained only one case. Mr. Ochsner recommended continuing Case USR-1564 to September 19,
2006 due to the full agenda today and apologized to the applicant for the inconvenience.
Doug Ochsner moved that Case USR-1564, be continued to the September 19,2006 hearing. Paul Branham
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Tom Holton, no; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer,yes; James Welch,
yes; Chad Auer, yes. Motion carried.
CASE NUMBER: 2006-04 -St Vrain Lakes PUD.
APPLICANT: Kristen D. Bear, White, Bear&Ankele PC.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Parts of Sections 25, 35, and 36, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Service Plan for Metropolitan Districts 1, 2, 3, and 4 (St
Vrain Lakes PUD).
LOCATION: Multiple parcels generally located east of and adjacent to
the 1-25 Frontage Road; south of and adjacent to SH 66;
west of and adjacent to CR 13; and north of and adjacent
to St. Vrain River.
Jacqueline Hatch, Department of Planning Services, said Kristen D. Bear with White, Bear&Ankele PC
representing St. Vrain Lakes had applied for a request for Service Plan for the proposed St. Vrain Lakes
PUD Metropolitan District 1, District 2, District 3, and District 4.
The submitted Service District#1 and supporting Financing Districts#2-4 were proposed to provide urban
services within an area of Weld County that was zoned PUD with (E) Estate; (R-1) Low Density Residential;
(R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1)
Neighborhood Commercial, (C-2) General Commercial and continuing Oil and Gas Production Uses in the
Mixed Use Development Overlay District. The subdivision was identified as the St. Vrain Lakes PUD and
comprised approximately 1313 acres with 4800 to 5131 residential lots with an average lot size of 7500-8000
SF. There were also three commercial development areas(40 acres)and a municipal development area(22
acres), three school sites and 334 acres of open space.
The applicant had indicated in their application that the financing plan and the content of the service plan
describe the overall development plans for the project. The project would require substantial public
improvements, in excess of ninety nine million dollars, in order to facilitate build-out. Implementation of an
organized and coordinated financing and phased construction program through the proposed districts was
crucial for a development of this size and scope. Accordingly,the demand for the services and facilities to be
provided by the districts was demonstrable.
It was the opinion of the Department of Planning Services'staff that the applicant had shown compliance with
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 referral dated July 23, 2006 addressed the concerns of Don Warden, Director of Finance. Mr. Warden
stated, "St.Vrain Lakes Metropolitan Districts 1,2, 3, and 4 prepared by Stan Bernstein and Associates, Inc.,
and reviewed by D.A. Davidson &Company appeared to be financially feasible and prepared in accordance
with the Weld County Code Section 2-14-30(I). The maximum mill levy of 65 mills with 50 mills maximum for
debt service and up to 15 mills for operations and maintenance was consistent and in compliance with Weld
County Code Section 2-14-20 (H). The maximum debt mill levy imposition term was consistent and in
compliance with Weld County Code Section 2-14-30." EXHIBIT
Seventeen referral agencies reviewed this case, four referral agencies had no comments and seven
responded favorably or included conditions that had been addressed through development standards and
conditions of approval. No written comments had been received from the Weld County Attorney's Office, the
Oil and Gas Conservation Commission,the Town of Berthoud,the Town of Firestone,the Town of Frederick,
the Town of Mead, or the Little Thompson Water District.
The Department of Planning Services recommended approval of the Service District #1 and supporting
Financing Districts#2-4
Paul Branham asked about eminent domain and was it limited to the boundaries of the district. Ms. Hatch
replied that any agreements to enlarge the area would require the applicants come before the County again for
consent and approval.
Tom Holton asked if Pioneer followed the same Metropolitan District criteria. Mr. Barker referred to page eight
of the service plan and the language regarding eminent domain, which was number 5.B.5. in the staff
comments. Mr. Barker said in essence you had to give notice to the County before implementing eminent
domain and the County had the right to object to its use. Paul Branham asked if the applicant could proceed
without County approval. Mr. Barker said they could not.
Tyler Packard, CARMA Colorado, 9110 East Nichols Avenue, Englewood, CO, 80112, applicant
representative, said approval of this application and establishment of the metro district needed to occur prior
to sales of any lots and this was the fourth metro district they had undertaken in Colorado.
Kristin Bear, applicant representative, said: they had submitted a re-draft of the service plan that was in
compliance with all aspects of the policy as well as complying with Title 32; outlined the improvements of the
service area; submitted a finance plan that could support and finance the public infrastructure requirements;
had reviewed all comments to date;were working with governmental entities to make any changes necessary;
were working with St.Vrain Sanitation and Little Thompson Water District on an IGA or change to service plan
to address their concerns; were attempting to organize the districts in order to achieve a November, 2006
election and if did not get approval then it would be postponed until November, 2007, which would be very
problematic to the development timeline; requested Planning approval prior to the public hearing before the
Board of County Commissioners, August 30, 2006; multiple district arrangement which proposed one for
administering construction, operation and maintenance of public improvements and three financial districts
including commercial, and two for residential districts; property within boundaries was about 1300 acres of
residential and commercial; administrative district would be undeveloped property; districts would follow
service plan for improvements up to maximized debt limitation(approximately ninety nine million dollars or one
hundred nine million allowing for inflation); maximum issue of one hundred sixty five million dollars; service
plan would not change County role in the development process;two overlapping districts,water and sanitation;
water improvements would be built, dedicated,and then turned over to Little Thompson Water District and St
Vrain Sanitation District; build-out would occur in approximately 2017; mill levy was restricted (50 mills debt
service/65 mills aggregate); debt term limit would be thirty years.
Andy Cain, DA Davidson, Denver, CO, said his role was to see that district was financially feasible; developer
had good handle on costs and financial markets; 1300 acres; 4433 units which included one hundred thirty
four million dollars in total assessed residential value; four hundred thirty four thousand square feet in
commercial with fifteen million dollars assessed valuation; residential units averaged two hundred fifty two
thousand dollars in market value; commercial was eighty dollars per square foot; should look at plan to see
that it was reasonable and feasible under Title 32;
Paul Branham asked Mr. Cain about the number of residential units and commercial space-were they talking
about ten thousand people and where was the reference to traffic control and law enforcement. Tyler Packard
said they would join an LEA (Law Enforcement Authority), it would be in place prior to development, and
twenty acres had been set aside for a municipal area that could house a fire substation and Law Enforcement
Authority.
Doug Ochsner asked about overlapping districts and agreements with other districts. Mr. Packard said there
were two agreements in place(Little Thompson Water District and St Vrain Sanitation District)and they did not
4
desire any management in water or sewer.
James Welch asked about mills for law enforcement. Mr. Packard replied the Law Enforcement Authority had
the ability to assess around seven mills.
Roy Spitzer asked about water and sewer and who would build and maintain the facilities. Mr. Packard said
Little Thompson Water District and St Vrain Sanitation District would take over as soon as constructed and
dedicated prior to debt retirement and the facilities would have a one year warranty period.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case 2006-04 St Vrain Metropolitan District, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Tom Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer,yes; James Welch,
yes; Chad Auer, yes. Motion carried unanimously.
The Chair said Case USR-1568 would be heard next and not last due to surrounding property owners in
the audience.
CASE NUMBER: USR-1568
APPLICANT: Pedro Saucedo & Gabriella Ramirez
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4224; being part of E2NW4 Section 22, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review
Permit for a Use by Right, an accessory use, or a Use by
Special Review in the Commercial or Industrial Zone
District(an office and storage building for materials used
by oil and gas operations) in the A (Agricultural)Zone
District.
LOCATION: South of and adjacent to CR 20; approximately 1/2 mile
east of CR 31.
Jacqueline Hatch, Department of Planning Services, said the sign announcing the Planning Commission
hearing was posted August 4, 2006 by staff.
The application was submitted to correct the active zoning violation presently attached to the property, VI-
0500351, in Aristocrat Ranchettes. Due to the applicant's current property location in a subdivision, staff had
recommended they look for another piece of property and submit a USR on that lot. This application, if
approved, and once all commercial equipment was relocated to the new site, would correct the Aristocrat
Ranchettes zoning violation.
The applicant was proposing an office and storage building for the materials used for oil and gas operations.
The applicant had proposed an 80x120 storage building with a 6'vinyl fence for screening. The site would be
limited to no more than ten(10)employees and the hours of operations would be 7:00 am to 8:00 pm Monday
through Saturday.
The surrounding property was primarily agricultural with a few residences and five USR's for kennels to the
south of the property. The development standards and conditions of approval would ensure compatibility with
adjacent properties.
Nine referral agencies reviewed this case, one referral agency had no comment,six referral agencies included
conditions that had been addressed through the development standards and conditions of approval. No
comments were received from the State of Colorado Division of Wildlife or the Platte Valley Soil Conservation
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