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Home My WebLink About20042470 INVENTORY OF ITEMS FOR CONSIDERATION Applicant District Service Plan, Resource Case Number 2004-XX Colorado Water Sanitation Metropolitan District Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Fitzgerald Field Check Form Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Letter received from V. Bromley, applicant's representative dated April 19, 2004 X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities Surrounding Property Owners 3 Referral List X Referrals without comment Weld County Department of Public Health& Environment, referral received 4-16- X 2004 Weld County Department of Public Works, referral received 4-13-2004 X Referrals with comments 4 Weld County Department of Finance, referral received 4-22-2004 X 5 Weld County Attorney's Office, referral received 4-23-2004 X 6 State of Colorado, Department of Health, Department of Water Quality, referral X received 4-26-2004 7 Town of Keenesburg,facsimile referral received 4-30-2004 X 8 Facsimile Letter from McGeady Sisneros, P.C. requesting Continuance, received X 4-30-2004 9 Staff Memorandum requesting Continuance dated 5-4-2004 X 10 Letter dated 5-7-2004 from McGeady Sisneros P.C. requesting Continuance, until X 6-15-2004, received 5-10-2004 11 Legal Notification sent by Planning Services to Fort Lupton Press X ye t I 2004-2470 12 Printed Legal Notification requesting 6-15-2004 hearing at 10:00 AM X 13 Planning Services Memorandum Request for Continuance dated 6-15-2004 X 14 Letter dated 6-7-2004 from McGeady Sisneros P.C. requesting Continuance, until X 8-3-2004, received 6-9-2004 15 Facsimile Letter dated 6-15-2004 from McGeady Sisneros P.C. requesting X Continuance, until 8-3-2004, received 6-15-2004 16 Letter dated 6-15-2004 from Lind Lawrence&Ottenhoff, LLP representing Lost X Creek Water Management District facsimile referral received 6-15-2004 17 Letter dated 6-18-2004 from McGeady Sisneros P.C. pertaining to new Service X Plan 18 Weld County Department of Finance, referral received 6-21-2004, pertaining to X revised Service Plan w/attachment from Kirkpatrick Pettis dated 6-15-2004 19 Memorandum from McGeady Sisneros P.C. dated 6-22-2004 revised Service Plan X 20 Memorandum from Department of Planning Services dated 6-24-2004 for Referral X Notification 21 Weld County Department of Public Works, referral received 6-30-2004, specific to X the revised Service Plan 22 Referral Letter from Central Weld County Water District dated 7-1-2004 X 23 Letter from Office of the State Engineer, Division of Water Resources dated 7-7- X 2004 24 Letter from the Colorado Department of Public Health and Environment dated 7- X 13-2004 25 Affidavit and Photograph of Sign Posting X 26 Letter from McGeady Sisneros P.C.dated 7-26-2004 to B. Barker X 27 Letter from B. Barker to McGeady Sisneros P.C. dated 7-29-2004 X 28 Letter from McGeady Sisneros P.C. dated 7-29-2004 to B. Barker X 29 Weld County Department of Finance, referral received 7-29-2004 X Surrounding Property Owners- Letters PC Exhibits 30 ickxeS 31 ('0,1 U c u 2� et'c a -At n ( IA�LYYU uJ X 3a l opy 0c t, �nclS O� trac-f +tar) fed, rc -v -4 v , ZEUk t, 2oc4 Planning Commission Resolution 21 3 slap Panels O Prvje6a/ l9yu3l " ) y I hereby certify that the 29 items identified herein were submittedrto the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogle nner riet DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us C. PHONE (970) 300, EXT. 3540 FAX(9770) 304-6498 COLORADO August 3, 2004 MaryAnn McGeady McGeady Sisneros PC 1675 Broadway Suite 2100 Denver, CO 80202 Subject: District Service Plan, Resource Colorado Water and Sanitation Metropolitan District Legal: Lot C of RE-2066; being part of the NW4 of Section 34, Ti N, R63W of the 6th P.M., Weld County, Colorado. Dear Ms. Bromley: The Department of Planning Services has reviewed the request for comments in regard to the submitted District Service Plan application. Please consider these comments as an unified response to the Special District Provisions. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Metropolitan District are listed in Section 32-1-203(2) and Subsection Section 32-1-203(2.5), C.R.S. The Department of Planning Services' staff has received responses from the following agencies: Weld County Attorney's Office, referral received 4-23-2004, 7-28-2004 Weld County Department of Public Health & Environment, referral received 4-16-2004 • Weld County Department of Public Works, referral received 4-13-2004, 6-30-2004 Weld County Department of Finance, referral received 4-22-2004, 7-21-2004, 7-28-2004 • State of Colorado, Department of Health, Water Quality Control Division, referral received 4 -26-2004, 7-13-2004 • Town of Keenesburg, facsimile referral received 4-30-2004 • Lost Creek Designated Basin, referral received 6-15-2004 Central Weld County Water District, referral received 7-1-2004 • State of Colorado, Office of the State Engineer, referral received 7-7-2004 EXHIBIT The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Water Conservation Board • Central Colorado Water Conservation District • Town of Brighton • Adams County 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 Resource Colorado Water Sanitation Metropolitan District for the following reason: 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: 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 water delivery to Adams County municipalities from the Lost Creek Aquifer located in Weld County. The area slated for delivery of water from this proposed Water and Sanitation District is within the Denver Basin. (b) The existing service in the area to be served by the proposed special district is inadequate for present and project needs. The Denver Basin has an adequate supply of water for existing and proposed development. All development proposals coordinate their requests for water through the State Engineers Office. (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. The referral dated April 21, 2004, and June 21, 2004 addressed the concerns of Don Warden, Director of Finance, however, in the memorandum dated July 28, 2004, Mr. Warden states "... Bruce Barker [County Attorney] and I met with representatives proposing the district on July 26, 2004. Based upon that meeting and their attached July 26, 2004 responses to my earlier concerns this is to advise you that with the amendment to the service plan being drafted by Bruce Barker in accordance with the concepts in their July 26, 2004, response, I no longer have any objections to the Service Plan for Resource Colorado Water and Sanitation Metropolitan District, as amended." Mr. Warden references an amendment to the Service plan being drafted by Mr. Barker. The amendment is in letter from Mr. Barker to Maryann McGeady, McGeady Sisneros, P.C. of Denver, the applicant's legal counsel, dated July 29, 2004. This letter provides alternative language for Section X of the Service Plan. Through a response letter dated July 29, 2004, the applicant's legal counsel has approved this amendment language and offers to discuss prior to the Board of County Commissioners' hearing language to be added for implementing the amendment. (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 April 21, 2004, and June 21, 2004 addressed the concerns of Don Warden, Director of Finance, however, in the memorandum dated July 28, 2004, Mr. Warden states "... Bruce Barker [County Attorney] and I met with representatives proposing the district on July 26, 2004. Based upon that meeting and their attached July 26, 2004 responses to my earlier concerns this is to advise you that with the amendment to the service plan being drafted by Bruce Barker in accordance with the concepts in their July 26, 2004, response, I no longer have any objections tot he Service Plan for Resource Colorado Water and Sanitation Metropolitan District, as amended." Mr. Warden references an amendment to the Service plan being drafted by Mr. Barker. The amendment is in letter from Mr. Barker to Maryann McGeady, McGeady Sisneros, P.C. of Denver, the applicant's legal counsel, dated July 29, 2004. This letter provides alternative language for Section X of the Service Plan. Through a response letter dated July 29, 2004, the applicant's legal counsel has approved this amendment language and offers to discuss prior to the Board of County Commissioners' hearing language to be added for implementing the amendment. 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 Denver Basin has an adequate supply of water for existing and proposed development. All development proposals coordinate their requests for water through the State Engineers Office. (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). (c) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-106, C.R.S. Section 22-2-60.H.1 of the Comprehensive Plan A.Policy 8.1. states "Any exportation of water out of a closed basin aquifer is discouraged." However, Section 22-4-20.H.2 A.Policy 1.2. states "The County should support the development of creative policies to conserve agricultural land, including preservation techniques and prioritizing incentives. Further, Section 22-4-30.C.1 WA.Policy 3.1. states "The County will acknowledge water rights as private." (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 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 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- 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 interests of the County of Weld. Weld County Planning Deparr:�� GREELEY OFFICE WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET MAY 3 2004 P.O. BOX 758 RECEIVED GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO April 29, 2004 Department of Local Affairs 1313 Sherman Street, Suite 521 Denver, CO 80203 RE: Notice of Filing of Special District Service Plan Dear Sirs and Madaams: Enclosed is an original of a Notice of Filing of Special District Service Plan for the proposed Resource Colorado Water and Sanitation District Metropolitan District. The Notice is signed by Mr. Steve Moreno, Weld County Clerk and Recorder. It is being filed with your office, pursuant to the requirements of C.R.S. § 32-1-202 (1). The proposed Service Plan will be considered by the Weld County Planning Commission at its meeting on May 4, 2004, at 1:30 p.m. The Board of County Commissioners of Weld County will consider the proposed Service Plan and the recommendations of the Planning Commission at a hearing to be set by the Board on May 12, 2004. Thank you for your assistance. If you should have any questions or need any further information, please call me at (970) 356-4000, ext. 4390. Si erely, ce . Baik& Weld County Attorney Enclosure pc: Steve Moreno Kim Ogle 03-26-2004 11:16 FROM-DOLA LOCAL GOVT SVCS 1313 SHERMAN R521 8 +3038064819 T-974 P.002/002 F-512 STATE OF COLO A ' O DEPARTMENT OF LOCAL AFFAIRS 1313 Sherman Street,Suite 521 •-1�.C Denver,Colorado 90203 `'.... Phone:(303)066-2771 • Fro::(3031866-4819 TDD:(303)866-5300 9L D+LM - Caerror • Michael Reacufeet t.Beasley Dir • NOTICE OF FILING OF SPECIAL DISTRICT SERVICE PLAN • Pursuant to CRS 32-1-202 (1),the County Clerk and Recorder chill notify the Division of Local Government within five days after the filing of a service plan for the formation Of a new special district. Please provide the informadon indicated and return this form to the Division of Local Government. • Resource Colorado Water and Sanitation Metropolitan District 4/12/04 Name of Proposed District Filing Date Planning Commission 5/4/04 Metropolitan District Board of County Commissioners: Type offistrict Proposed Date of Hearing to be determined! 1555 N. 17th Avenue 1:30 p.m. Greeley, CO Time of Hearing Location of Hearing • • Valerie Bromley ' (303) 592-4380 Contact Person Filing Service Plan Phone Bruce T. Barker Weld County Attorney County Receiving Service Plan • Clerk and Recorder Date • FORM DI_G-60 Revised 7/S2 Weld County Planning Department GREELEY OFFICE McGEADY SISNEROS, R C. MAY 3 2004 ATTORNEYS AT LAW RECEIVED 1675 COLORSUITE 2102 RECEIVED DENVER,COLORADO 80202 TELEPHONE:13031 592-4380 FACSIMILE:13031 592-4385 MARYANN M.MCGEADY SPECIAL COUNSEL DARLENE SISNEROS MARY JO DOUGHERTY KENNETH M.NOPROWICi JACQUELINE C.MURPHY MEGAN BECHER VALERIE 0.BROMLEY KATHRYN S.KANDA April 30, 2004 VIA E-MAIL AND U.S. MAIL Kim Ogle Weld County Colorado Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Resource Colorado Water and Sanitation District Dear Kim: Pursuant to our discussion, the applicant would like to request that the public hearing before the Weld County Planning Commission on the Resource Colorado Water and Sanitation District set for May 4, 2004, at 1:30 p.m. be continued until the next Planning Commission meeting on June 1, 2004, at 1:30 p.m. Very truly yours, MCGEADY SISNEROS,P.C. V V v Valerie D. Bromley Harvey Deutsch Joel Farkas Steven Deutsch Eric Chekal Chris Paulson Shayne Madsen Sam Sharp Bruce Barker {00017473.DOC v:1} #4401, " MEMORANDUM Wn`Pe. TO: Planning Commissioners COLORADO DATE: April 27, 2004 FROM: Kim Ogle, Planning Manager SUBJECT: Land Use Application, 2004-XX District Service Plan, Resource Colorado Water and Sanitation Metropolitan District Valerie Bromley, Applicant's Representative The Department of Planning Services will provide the Staff Comments to this application via facsimile or electronic mail on Thursday, April 29, 2004. Should you, the Planning Commissioner, be uncertain as to whether staff has your facsimile number or electronic mail address, please provide this to kogle(Mco.weld.co.us. Thank you. a 4 DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE hiDe GREELEY, COLORADO 80631 COLORADO April 7, 2004 Resource Colorado Water Sanitation Metropolitan District clo McGeady Sisneros PC 1675 Broadway Suite 2100 Denver CO 80202 Subject: 2004-XX- Request for a Service Plan for Resource Colorado Water & Sanitation Metropolitan District on a parcel of land described as Lot C of RE-2066; being part of theNW4 of Section 34, Ti N, R63W 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 May 4, 2004, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H,B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Brighton Planning Commission for their review and comments. Please call Brighton at(303)655-2023 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Brighton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Kim Ogle Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS APRIL 23, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR THE DISTRICT SERVICE PLAN, RESOURCE COLORADO WATER SANITATION METROPOLITAN DISTRICT IN THE A (AGRICULTURAL) ZONE DISTRICT. KIM OGLE Name of Person Posting Sign Ly) Signature of�Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this K 'day of I ��J I L L. , 2004. WITNESS my hand and official seal.41, I LC/ Pi/ r . Notary Public iJ 1 My Commission Expires: I( ��orYr t 1f ' • 11 t 1.4'4 � �� t• •14 • b y « i uy�, ;.14% ex rb cb .1;4 e, • 1 • '' •11ag. ,eit `.. Willie NOTICE Wi(De �� ' -I. Is rY' = ' _; v, A PUBLIC HEARING CONCERNING 1 ;i 1.• •'z' . ; -.c ....' ,0 ' • t• 1 ` ,01 '• THIS PROPERTY WILL BE HELD Al: .,,;. > ;1 ,. ^ f • , ..; 7 NNC6CrA fl1ta&w EIGE ft, is, - } • `• •.. - fr :. "' r` . , 6tt2Et.c.`t. Co so.si -, 1.•. ; • t . _ ON MA`c A 202} AT l Soo rp , 41 -C�_ Gre5cx ce ccioRaaoa warere 2, r ` ' ' NAME i Stb.NrCitC1ON 4.511kftLIVAli ! •sr -' F 5lisR . .. REINES! MtErtcoc6 p\ccolacr. ^--� it 1 • ....Fa.••S' 1 4' r, CASE A0. V--ad" 1°.< l%ACRES I4% I�- z � , ' — � 3 r^ FOR MORE INFORMATION CALL 4 Y;;I@ • +' ,� c',•', WELD COUNTY DEPARTMENT OF v� ' in,rig, 4Kr 1. 1. ell' PLANNING SERVICES AT (970)353-6100 ett. 3540 • , i/ r' t,•t•+ 'itri i .;V. c(Priti 1 nr 1 • 1 •• Y" ' '1 . • , yip iv iii e,"-t.; . 1' ;err \l V .ii gir 1 tall rf 't / V lief, -• ' e . ?�. •t — • •_ ts. _ ,.—?4.. . . i�O'A. .vet\`VP? N - - - p -- -. f E _ _ 'W." : l4 I -Ns,: .er • r . : S . - _ ., was . Alta* ' a�! + • • v? I.rt ; f ' } -' •^-.+. . '. r5„,• '� ,• Jo .4 +;hir -. 4,., f t• + ,0 7 n.,41,$ r_ % '.� �t O. �t •• 3• �. 'd. ' xl,. -X 't . -�f..L'"". . ''` 'ft. ." --t.:.b 1. •'l . -rte./. . _� <i�✓' NSA •.. I �•� \ - !1•. FIELD CHECK inspection date: April 22, 2004 CASE NUMBER: 2004-XX APPLICANT: Valerie Bromley, c/o McGeady Sisneros PC 1675 Broadway Suite 2100 Denver CO 80202 LEGAL DESCRIPTION: Lot C of RE-2066; being pad of the NW4 of Section 34, Ti N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to County Road 4 and east of and adjacent to County Road 67 Zonina Land Use N A (Agricultural) N Agricultural/ Residential E A(Agricultural) E Agricultural/ Residential - S A(Agricultural) S Agricultural / Residential W A(Agricultural) W Agricultural / Residential COMMENTS: Property is planted in crop with a center pivor providing irrigation. Electric and Fibreoptic wire is located overhead and underground respectively east of CR 67 Single concrete lined ditch adjacent to County right-of-way, east of CR 67 Electric and telephone wire is located overhead and underground respectively south of County Road 4 County Road 4 and County Road 67 are all weather roads. County Road 67 is wider and County Road 4 is a narrow, appears to be less traveled road oriented west-east. SH 79 is one mile east of County Road 67. Two irrigation wells with pumps are visible adjacent to the County Road. Kim le, Planner Hello