HomeMy WebLinkAbout20042782.tiff Rocky Mountain Energy Center, LLC
50 West San Fernando Street
Suite 627
San Jose, CA 95113
Telephone: 408-794-2572
Fax: 408-794-2573
August 27, 2004
Bruce T. Barker SEP Q
County Attorney
Weld County Attorney's Office WELO couNTv
P.O. 758 ATTORNEY'g OFFICE
Greeley, CO 80632
Re: Comments on Coordinated Planning Agreement between Weld County and
the Town of Hudson
Dear Mr. Barker:
Calpine Corporation ("Calpine") has reviewed the proposed Coordinated
Planning Agreement between Weld County and the Town of Hudson ("Agreement"),
and respectfully submits the following comments and suggestions for consideration by
the Board of County Commissioners.
1. Comment: The Agreement includes several undefined terms including, Recorded
Exemption (§2.1), Subdivision Exemption (§2.1), PUD (§2.2), MUD Plan (§3.2). non-
urban uses (§3.3(f)) and Mutually Acceptable Plan (§3.3(h)).
Suggested Revision: Either add definitions within the Agreement with appropriate Weld
County Code references or indicate that terms not defined in the Agreement are defined
in the Weld County Code and list the relevant chapters.
2. Comment: §2.2 — The definition of"Non-Urban Development" needs clarification. The
term "non-urban area" is not defined in Chapter 22 of the Weld County Code.
Suggested Revision: The definitions of"Non-Urban Development" found in some of
the other Coordinated Planning Agreements with Weld County e.g., Dacono, Firestone
and Frederick, offer a good foundation to which the residential lot requirement,
minimum lot size etc. identified in the proposed Agreement can be added, if desired by
the County and Hudson, to achieve additional clarity.
3. Comment: §3.3(c), (d) — Calpine understands that the Agreement does not require that
an applicant for Development petition the Town of Hudson for receipt of municipal
water services if the property subject to Development is within the Urban Growth Area.
Suggested Revision: Calpine has proposes the addition of the following language:
2004-2782 . 'r
(c) — Add the following as the first sentence in the paragraph: "The MUNICIPALITY
will consider providing municipal water service to property in the Urban Growth Area,
upon request by the applicant for Development." In the second sentence in the
paragraph, change the reference to "property within its boundaries" to "property in the
Urban Growth Area."
(d) — Since tapping into the municipal water service is not guaranteed or required,
delete the following from the first sentence in the paragraph: "In recognition of the
availability of public water within the Urban Growth Area as indicated in paragraph (c)
above." This language appears to conflict with the later language in the paragraph
which requires the applicant to obtain water from an alternate source "if the
MUNICIPALITY cannot provide water."
In addition to the suggested revisions above, I have attached a marked-up copy
of the proposed Agreement which identifies suggested minor typographical revisions to
the Agreement.
Please let me know if you have any questions. I can be reached at (303) 536 2550.
Sincerely,
O/1414( - 63:
James Gooding
cc: Elizabeth A. Mitchell
Mari Gillman
Mike Rogers
Edgar Salazar
File
6 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
8 GREELEY,CO 80632 Wine
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
September 28, 2004
COLORADO
Corey Y. Hoffmann, Esq.
Hayes, Phillips, Hoffmann &Carberry, P.C.
Suite 450, The Market Center
1350 Seventeenth Street
Denver, CO 80202-1576
Re: Coordinated Planning Agreement—Letter
from Rocky Mountain Energy Center, LLC
Dear Corey:
Enclosed is a copy of a letter dated August 27, 2004, from James Gooding on behalf of Rocky
Mountain Energy Center, LLC ("RMEC"), regarding the Coordinated Planning Agreement
("CPA"), between Weld County and the Town of Hudson. A copy of the CPA is enclosed.
As I stated in my voice-mail message last Friday(9/24/04), I believe that Mr. Gooding's
comments and suggestions may be addressed through correspondence between you and I, with
copies of the correspondence going to Elizabeth Mitchell, RMEC's attorney.
The following are my thoughts with respect to the items listed in Mr. Gooding's letter:
1. Mr. Gooding's suggestion regarding the undefined terms is good. None of the CPA's
Weld County currently has with various municipalities define those terms. I think we can
remedy the situation by including with each undefined term a cross-reference to the
corresponding section of the Weld County Code where the term's definition may be
found. Such cross-reference may be done administratively without modification of the
CPA.
2. There is no specific section in Chapter 22, Weld County Comprehensive Plan, that
defines "Non-Urban Development." Rather, a reading of various sections of Chapter 22
(22-1-50, 22-2-70 to 22-2-210) clarifies the difference between"Urban Development"
and "Non-Urban Development." Copies of those Code sections are enclosed. Probably a
better way of referring to "Non-Urban Development" in Section 2.2 of the CPA would be
to say that the term is "clarified" in Chapter 22,rather than being"defined." I think we
can do this by lining through the word"defined" in Section 2.2, and substituting the word
"clarified."
EXHIBIT
I
•
Letter,Hoffmann
September 28,2004
Page 2
3. It seems to me that Mr. Gooding is misinterpreting the water requirements of Sections
3.3(c) and(d) of the CPA. My understanding of those sections is that in order to
construct urban development within the Urban Growth Area, the developer must obtain
public water service [Section 3.3(d) . . . "the COUNTY will require public water as a
condition of approval of any subdivision, rezoning or planned unit development . . "].
To do so, the developer must first petition into the Northern Colorado Water Conservancy
District("Northern") and then apply to Hudson for water service [Section 3.3(c) . . .
Development in the Urban Growth Area shall be required to petition for inclusion into the
Northern Colorado Water Conservancy District and prior to applying to the
MUNICIPALITY for water service].
In Sections 3.3 (c) and (d), Hudson is agreeing to ensure that public water is available
anywhere within the Urban Growth Area,but is doing so through its contract with
Northern. The County is agreeing to require every urban development in the Urban
Growth Area to obtain public water through Hudson and Northern.
I do not see where we need to make any modifications to the CPA on this issue.
The Board of County Commissioners continued the third reading of the CPA to Wednesday,
October 6, 2004. Please let me know in writing prior to that date if you have any other thoughts
regarding Mr. Gooding's letter and if I am incorrect in my understanding of the water
requirement. I respectfully request that you send a copy of your letter to Ms. Mitchell at the
below-stated address.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions or comments,
or if I may be of any other assistance.
c!� rely
race T. Baer _._
Weld County Attorney
Enc.
pc: Elizabeth Mitchell, Esq.
Holland&Hart LLP
555 17`" Street, Suite 620
Denver, CO 80202
0CT-01-04 12:25PM FROM-Hayes Phillips, Hoffmann & Carberry, PC +3038251269 T-87T P.002/002 F-855
H .` HAYES,PHILLIPS,HOFFMANN & CARBERRY, P.C.
Attorneys at Law
Suite 450,The Market Center
1350 Seventeenth Street
Denver,Colorado 80202-1576
Telephone: (303)825-6444
Facsimile: (303)825-1269
E-mail: cyhoffinann@hphclaw.com
John E.Hayes Hilary Mogue Graham
Herbert Y.
offinas John Blakely Wilson
Corey Hoffmann
Kendra l^Carberry October 1,2004
Bruce Barker,Esq.
Weld County Attorney
915 10th Street
P.O. Box 1948
Greeley,CO 80632
Re: Town of Hudson—Coordinated Planning Agreement: Letter from Rocky Mountain
Energy Center LLC
Dear Bruce:
I have reviewed your correspondence dated September 28,2004, as well as the correspondence to
you from James Gooding of Rocky Mountain Energy Center, LLC regarding the Coordinated Planning
Agreement between Weld County and the Town of Hudson, and have the following comments.
I believe your September 28,2004, response is absolutely correct. More specifically, as it relates
to item 2, t would certain recommend to the Board of Trustees that we strike through the word "defined"
in Section 2.2 and substitute the word "clarified." Likewise, in item 3, your interpretation of the water
requirements in Sections 3.3(c) and (d) is consistent with my interpretation, and more importantly the
interpretation of the Board of Trustees. The process identified in the Coordinated Planning Agreement is
in fact the process that the Town has historically utilized as it relates to the Northern Colorado Water
Conservancy District.
As you suggested in your voice mail message of September 24, 2004, I am responding via this
correspondence to you, and am also copying Elizabeth Mitchell. It is also my hope that this
correspondence will address the issues raised by Rocky Mountain Energy Center LLC.
As always, if you have any questions,please do not hesitate to contact me.
Very truly yours,
Corey ottm
F-------
CYH/kla
c: -Elizabeth Mitchell,Esq.
James L.andeck,Town Administrator
10/1104
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