HomeMy WebLinkAbout20011906.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant St.Vrain Sanitation District Case Number
Submitted or Prepared
Prior to At Hearing
Hearing
1 Staff Comments(2 pages) X
2 Letter to Applicant X
s 1.1/71
4 Application (22 pages) X
5 Referral List X
6 WC Finance Dept X
7 Little Thompson Water District X
8 North Front Range Water Quality Control Commission X
9 Erie Water and Sanitation/Town of Erie X
10 Left Hand Water Supply Company X
11 Tri-Area Sanitation District(3 pages) X
12 City of Dacono(2 pages)
X
13 Town of Frederick(2 pages) X
14 Mountain View Fire District X
15 Colorado Revised Statutes 32-1-106(10 pages) X
16 Mark Peterson Letter(ExhibitA) X
17 Longmont's Other Letter(Exhibit a) X
Item submitted at planning commission
I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
•b Planner
= EXHIBIT
A
2001-1906
WI`Pc.
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COLORADO
LAND USE APPLICATION
SUMMARY SHEET
Case Number: Amended St.Vrain Sanitation District Boundary Hearing Date: June 19, 2001
Applicant: St. Vrain Sanitation District c/o Mark Peterson Address: P.O. Box 908, Longmont,
Colorado 80502-0908
Request: Amend St. Vrain Sanitation District Service Plan
Legal Description: See Attached
Location: See Attached
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services staff has received responses from the following agencies:
• Weld County Department of Finance referral received June 1, 2001
• Little Thompson Water District referral received June 4, 2001
• North Front Range Water Quality Control Commission referral received June 11,2001
• Erie Water and Sanitation District/Town of Erie Included in referral received June 11,2001
• Left Hand Water Supply Company referral received June 6,2001
• Tri-Sanitation District referral received June 11,2001
• City of Dacono referral received June 11,2001
• Town of Frederick referral received June 11, 2001
• Mountain View Fire District received June 2, 2001
The Department of Planning Services staff has not received responses from the following agencies:
• Weld County Department of Public Health and Environment
• Colorado Department of Transportation
• Platteville Fire District
• School District RE-IJ
• School District RE-1
• Central Weld County Water District
• Longs Peak Water Association
• City of Longmont
• Town of Mead
• Boulder County Planning Department y
Town of Firestone • E X M t i l t
r r�
Planning Commission Function: To make a recommendation to the Board of County
Commissioners based on the criteria listed in 32-1-203 of the Colorado Revised Statutes. A copy
of this is attached.
Project Overview: The existing St. Vrain Sanitation District (SVSD) service area covers
approximately 21,600 acres, more or less in Southwest Weld County. This includes the 1-25 Mixed
Use Development area. The proposed SVSD service area designates an expanded area which
could potentially be served with public sewer facilities. Approval of the expanded service area
should not affect the County's land-use program. All land-use applications in the service area
would be reviewed in accordance with the applicable sections of the Weld County Code.
Based on the review criteria set forth in 32-1-203 of the Colorado Revised Statutes the Department
of Planning Services' Staff recommends that this request be approved for the following reasons:
1. There is sufficient existing and projected need for the organized service in the amended
service area to be serviced by the proposed District. Southwest Weld County continues to
be developed at an urban pace and as such will continue to be enhanced by the municipal
sewer provided by the district.
2. The existing service in the area to be served by the proposed District is adequate for
present and projected needs.
3. The proposed District is capable of providing economic and sufficient service to the
amended service area within its proposed boundaries.
4. The area to be included in the proposed District has and will have the financial ability to
discharge the proposed indebtedness on a reasonable basis.
5. Adequate service is not or will not be available to the amended service area through the
County, other existing municipal or quasi-municipal corporations, including the existing
special districts, within a reasonable time on a comparable basis.
6. The proposal is in the substantial compliance with a master plan adopted pursuant to
Section 30-28-108, C.R.S.
7. The proposal will comply with the 208 Area-Wide Wastewater Management Plan.
8. The creation of the proposed District will be in the best interests of the area proposed to be
served.
rst
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
!gip FAX (970) 304-6498
c
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
May 30, 2001
•
Mark Peterson
St.Vrain Sanitation District
436 Coffman Street Stes. 203 &204
P.O. Box 908
Longmont, Colorado 80502-0908
Subject: Amended St. Vrain Sanitation District Service Plan and Boundary Change- Request for a
Modification of Service and Boundary Change
Dear Mr. Peterson:
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 June 19, 2001 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 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 Erie, Mead, Frederick,Firestone,
Dacono,and Longmont Planning Commission for their review and comments. Please call 303-926-2700,970-
535-0831, 303-833-2388, 303-833-3291, 303-833-2317, and 303-651-8330 for further details regarding the
dates, times, and places of these meetings. It is recommended that you and/or a representative be in
attendance at the Frederick,Firestone,Dacono,and Longmont 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, •
�l`Y1,�� • lXM1s1T
Monickpaniels-Mika, A.I.C.P.
Director of Planning Services
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St. Vrain Fi`( �
SANITATION peA UYIO rn 4f
DISTRICT
March 27, 2001
TO: Weld County, Planning Department
Town of Frederick
Town of Firestone
City of Dacono
City of Longmont, Planning Department
RE: Modification to St. Vrain Sanitation District Service Plan
This District's Service Plan was originally approved by Weld County in
1986. At that time, the District was located 100% within unincorporated
Weld County. Since then neighboring municipalities have annexed into or
extended the area in which the District serves. In conjunction with the
ongoing, expansion of District's wastewater treatment plant, Weld County
has requested that the District submit the enclosed Modification to its
approved Service Plan. Inasmuch as portions of the District's service
area overlaps your jurisdictions, you are hereby requested to approve
this Modification pursuant to Article 32-1-201 , Colorado Revised Statutes.
Any questions you have may be addressed to District's attorney, Richard
N. Lyons (Bernard, Lyons, Gaddis & Kahn) 303-776-9900, Lee Lawson
(District Consultant), or me.
Very truly yours,
ark Peterson
436 Coffman Street Suites 203&204 P.O. Box 908 Longmont,CO 80502-0908
Phone:(303)776-9570 Fax:(303)774-2349 Email: mark@stsan.com
MODIFICATION
St. Vrain Sanitation District
SERVICE PLAN
Pursuant to Article 32-1-207, Colorado Revised Statutes, this Service
Plan modification addresses:
a.) Amendments to Original Service Plan,
b.) Wastewater Treatment Plant Capacity,
c.) Expanded Service Area, and
d.) Storm and Surface Drainage.
a. Amendments to Original Service Plan
In 1985, Weld County requested and St. Vrain Sanitation District
provided amendments to its original service plan as part of the approval
process. These required the submittal of specific items of information
prior to filing a site application and future actions by the District. The
intent was to provide the Planning Commission and Board of County
Commissioners the opportunity to review the adequacy of this
information. These are requirements were:
1 . Provide sufficient transportation data and analysis on Weld County
Roads and State Highways in order to identify potential demands
on the transportation system. --- This was accomplished prior to
filing the original site application.
2. Provide information and long range plans to determine any
necessary requirements to make District's facilities compatible with
the City of Longmont's wastewater transmission facility. District's
facilities shall be consistent with the expansion of future municipal
wastewater treatment facilities. --- District's wastewater collection
system has been constructed to the same engineering standards as
all cities in Colorado. Over the years the City of Longmont has
undertaken two wastewater treatment master plans prepared by
consultants. On the first instance a number of future sites were
analyzed for future relocation of the Longmont Wastewater
Treatment Plant. Included was the District's plant site two and
one-half miles east of 1-25. This alternative, with its attendant
miles of large interceptor sewer line, was discarded. The District
1
cooperated fully in this analysis. In the second instance, the City
of Longmont's wastewater treatment master plan analyzed six
treatment alternatives, none of which involved the District's
wastewater treatment plant site, and concluded that its existing
plant should be expanded from 12 mgd (million gallons per day) to
22 mgd. This plan offers no opportunity for wastewater treatment
plant site consolidation. In this context it should be noted that for
years the District included in its Areawide Water Quality
Management Plan narrative a provision for a future wastewater
treatment authority at its treatment plant site should upstream
discharges elect this alternative. The District believes it has
complied with the spirit and intent of this amendment.
3. Provide annual financial and population report to Weld County
Planning Commission and Board of County Commissioners. --- This
is being done.
4. Appear before the Weld County Planning Commission and Board of
County Commissioners to discuss impacts on county roads and
police services when the population equivalent growth projection of
the District reaches 5,000. --- The original Service Plan presented
1985 equivalent population base of 1 ,774. The entire area served
was in unincorporated Weld County. Since that time Frederick,
Firestone, Dacono and Longmont have annexed into the area
served by St. Vrain Sanitation District and have assumed
responsibility for road and police services within their respective
areas. As explained in greater detail in part b. of this Modification,
this has resulted in Weld County equivalent population of 3,072
upon build-out of 251 single-family units under construction on
December 31 , 2000. It is anticipated that these will continue to
annex into the remaining Weld County area and thereby reduce its
road and police service responsibilities. In this sense, the notion
of perhaps creating a new governmental entity or responsibility to
discharge these responsibilities has been overtaken by events.
Therefore, the District proposes that this requirement be
eliminated.
5. Ensure that all waste(water) generated within the District be within
the limits established by the St. Vrain District Board and be
compatible with its treatment system capability. The pretreatment
2
plan for accepting industrial waste shall be submitted as part of the
site application. --- The latter (submittal of pretreatment plant as
part of the site application) has been accomplished. This issue is
an important element of the Colorado Department of Health and
Environment Discharge Permit. Over time, the testing, reporting
and pretreatment requirements have become more stringent. The
District is both in compliance and in a continuing effort to improve
its program pursuant to ever changing State and Federal
requirements.
b. Proposed Increase of Wastewater Treatment Plant Capacity
Treatment Plant
The Service Plan as originally approved described an aeration
lagoon treatment system with an initial capacity of 0.5-mgd (500,000-
gpd), which represents a population equivalent to 5,000 permanent
residents, with future phases to increase capacity to 1 .5-mgd for a
population equivalent of 15,000.
Growth during calendar year 2000 triggered a Colorado Department
of Health and Environment, Discharge Permit requirement that planning
(i.e. engineering, including preparation of plans and specifications) for
plant expansion commence when 80% of plant capacity is reached and
construction be initiated when 95% plant capacity is utilized.
District Population Equivalent (P.E.) as of December 31 , 2000 is
estimated to be 5,699, based on the sale of 2,847 single family
equivalent (SFE) taps less 251 SFE which are for on going construction
and 485 SFE which were pre-purchased by Sun Communities
manufactured home development in Firestone. SFE not only measures
the average wastewater load of a household, but also converts
commercial and industrial wastewater load into household equivalents.
Population Equivalent (P.E.) is then derived from 1 SFE equating to 2.7
persons. This represents the following equivalent population upon
completion of on going construction:
3
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Weld County 3,072
Longmont 59
Firestone 1 ,593
Frederick 1 ,644
Dacono 9
Total 6,377
December 31 , 2000 P.E. represents 569,900 gpd of wastewater.
Taps sold equates to 637,700 gpd. For purpose of wastewater treatment
requirement projection, end of year P.E. based wastewater load will be
used. Based on known and projected future development, a range of
treatment capacity (in gpd) required by year follows:
Year Actual Low High
1999 334,400
2000 569,900
2001 764,300 1 ,055,900
2002 958,700 1 ,541,900
2003 1 ,153,100 2,027,900
2004 1 ,347,500 2,513,900
2005 1 ,541,900 2,999,900
2006 1 ,736,300 3,485,900
2007 1 ,930,700 3,971,900
2008 2,125,100 4,457,900
2009 2,319,500 4,943,900
2010 2,513,900
2011 2,708,300
2012 2,902,700
Underlined numbers indicate year in which 95% of treatment plant
capacity requires commencement of construction for increased capacity.
It should be noted that increased capacity beyond 1.5-mgd will be
required as early as 2002, but could be as late as 2005. Similarly,
construction to increase capacity beyond 3.0-mgd could be required as
4
early as 2005 and as late as 2012. This growth results from the land use
decisions of Weld County, Firestone, Frederick, Dacono, Erie and Mead,
as tempered by the general economy. It is beyond the control of this
District. The District must simply plan and be prepared for an entire
range of development activity.
This District's initiated wastewater treatment engineering studies in
1999, and developed a long-range wastewater treatment plant process
and construction master plan. Rather than expand the aeration lagoon
treatment system from 0.5-mgd to1 .5-mgd through construction of two
large, additional lagoons (would consume most of the remaining original
25-acre plant site, thus making future transition to a mechanical system
extremely difficult and expensive), it was concluded that the District
should immediately transition to a mechanical plant. This conclusion is
reinforced by the rate at which growth is occurring, as demonstrated in
the preceding paragraph.
The process and construction master plan calls for a series of three
1 .5-mgd extended aeration modules each comprised of a 2,250,000-
gallon earthen aeration basin and a clarifier. These are supported by
operations/mechanical equipment a laboratory building, an ultra violet
dis-infection facility, a biosolids handling area, and administrative space.
This plan will provide 1 .5-mgd, 3.0-mgd, and 4.5-mgd treatment capacity
in phases. The existing 0.5-mgd, lagoon system remains in operation
during the construction of the first module and is then reworked to
provide a future site for the third extended aeration basin and clarifier as
well as additional biosolids handling area. Fully treated effluent
continues to utilize Oxbow Lake for dilution and further polishing before it
reaches St. Vrain Creek.
Figure 3-1 shows the existing 0.5-mgd aerated lagoon treatment
plant. Figure 3-2 shows where the first extended aeration module is
constructed while keeping the existing aerated lagoon system in
operation, and where the second extended aeration module is then
constructed while existing ponds 1 and 6 are converted to biosolids
storage. Also shown are the ultra violet system and the new headworks
and control building. Figure 3-3 shows the location of a third (future)
5
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extended aeration module providing 4.5-mgd plant capacity and expanded
biosolids handling area.
When 80% of the 4.5-mgd plant is utilized, the District will
commence preparation of plans and specifications to convert one of the
1 .5-mgd extended aeration treatment modules to a 5.4mgd conventional
aeration activated sludge system. This will require additional clarifiers
and mechanical equipment. The remaining extended aeration modules
will be similarly converted as required. Through this evolution the
Districts Wastewater Treatment Master Plan can address up to 16.2-mgd
capacity.
As a result of population projections set forth above, wherein a
second 1 .5-mgd extended aeration module may be required as early as
2002 (but no later then 2005), construction efficiencies (in heavy earth
moving and concrete work), and a very favorable bid alternate (work
estimated to cost $956,000 bid for $200,000), District awarded a
construction contract for both the first and second extended aeration
treatment modules. This provides treatment capacity for 3.0-mgd. The
District awaits approval of this Service Plan modification to activate
capacity in excess of the 1 .5-mgd described in its original Service Plan.
Land
In 1998 District purchased an additional 20 acres directly north of
and contiguous to its original plant site. This provides a total of 45
acres. This additional land includes a large stockpile of gravel and
overburden for future over site grading to bring a portion of this new area
out of the flood plain. In addition the District acquired easements to
provide buffer in all directions that could be developed. Properties in the
remaining directions are comprised of completed gravel pits.
b. Expanded Service Area
District Service Areas
There are two separate service areas that apply to sanitation
districts. They are described in the next two paragraphs.
6
Title-32, Colorado Revised Statutes, the enabling legislation for
Special Districts, in subsection 32-1-1-7, defines its service area. It may
be entirely within or entirely without or partly within and partly without,
one or more municipalities or counties. It may consist of noncontiguous
properties. Only one special district can provide its service (wastewater
in this instance) within an area, with an exception for metropolitan
districts. This exception requires a number of conditions. Nothing in this
subsection encourages unnecessary proliferation, duplication,
overlapping or fragmentation of special districts. Subsection 32-1-202
(Filing of service plan required-report of filing-contents-fees) requires:
"(d) A map of the proposed special district boundaries and an estimate of
the population and valuation for assessment of the proposed special
district."
Section 208, Federal Water Pollution Control Act (33 USCS §.
1288), frequently referred to as The Clean Water Act, requires states to
develop and the Administrator, Environmental Protection Agency to
approve a "continuing planning process." This process includes many
things (i.e. effluent limitations; regulation of location, modification and
construction of treatment works; pre-treatment; identification of agencies
to perform duties; Agency to require intergovernmental cooperation;
regulation of residual waste from water treatment; inventory and ranking
of needs.) It also includes the development and maintenance of an Area
wide Wastewater Management Plan. This Plan assigns service areas to
municipalities and sanitation districts that operate within the state. Its
goal is to provide a rational mosaic of wastewater treatment agencies to
discharge state responsibilities for wastewater treatment so as to reduce
pollution, maintain water quality in State water, avoid duplication of effort
and promote overall efficiency. Section 208-Service Areas generally
correspond with drainage basins. It describes the treatment works of
these agencies, their present loading, any environmental problems, and
projects when capacity increase will be required.
North Front Range Water Quality Planning Association (NFRWQPA)
prepares and maintains the Area wide Water Quality Management Plan
for Larimer and Weld counties, and recommends its adoption by the
Colorado Water Quality Control Commission in behalf of the State.
NFRWQPA also coordinates the site approval process (an element of the
continuing planning process) for treatment plant location construction and
modification, lift stations and interceptor sewer lines and makes
recommendations to the Water Quality Control Division of the Colorado
Department of Health and Environment.
Proposed Title-32 Service Area Modification
The proposed Title-32 Service Area for St. Vrain Sanitation District
is primarily based on the natural drainage basin(s) up-gradient from its
treatment plant located on St. Vrain Creek 2-1/2 miles east of Interstate
25. However, this is limited to areas not otherwise served, or to be
served, by other wastewater treatment agencies. The District has been
extremely careful to avoid overlap of territory. Whenever this issue has
been in question, the District consults with the neighboring agency to
arrive at a mutually agreeable arrangement.
The District's Title-32-Service Area (as is the section 208-Service
Area) is based on the avoidance of the lift stations, except where
required for river crossings and treatment plant operations.
As shown on the attached map, the District's proposed Title-32-
service area is bounded on the north by area served by the Town of
Mead. A portion of this boundary east of Interstate 25, extending one
and one-half miles is a ridgeline defining gravity flow. The area beyond
this District's boundary to the northeast is not capable of being served by
gravity by any nearby agency. To the east the District is bounded by
Weld County Tri-Area Sanitation District, serving the east portion of the
Towns of Firestone and Frederick. To the southeast the area is bounded
by Dacono Sanitation District south of Colorado Highway 52 up to Weld
County Road 8 east of Interstate 25. The boundary west of Interstate 25
is one-quarter mile south of Weld County Road 8 for one mile. The Town
of Erie serves the area to the west to a line one and one-half miles north
of Colorado Highway 52 that extends to Weld-Boulder County Road. This
southern portion of St. Vrain Sanitation District's proposed service area
all drains by gravity via the Godding Hollow drainage. The west boundary
is, for the most part, Weld-Boulder County Road. One indentation to the
east along Colorado Highway 119 is served by Longmont. The territory
8
west of Weld-Boulder County Road is either served by Longmont or not
served.
Specifically, this revision to the St. Vrain Sanitation District Title-
32 Service Area:
Deletes approximately 1020 acres north of Colorado Highway 66 on
both sides of Interstate 25, specifically: 40 acres in Section 21 , 480 acres
in Section 22, 320 acres in Section 23, and 180 acres in Section 24,
Township 3 North, Range 67 West of the 6'h Prime Meridian. (These
deleted areas are outside the District's drainage basin or are within the
Mead 208-Service Area.)
Deletes approximately 160 acres (southwest quarter) section 6 and
400 acres (north half and east half of southeast quarter), section 7, 80
acres (west half of southwest quarter section 6, Township 2 North, Range
67 west of the 6'h Prime Meridian (The area is being served by the City of
Longmont.)
Adds approximately 1360 areas east of Weld County Road 11 , and
north of Colorado Highway 52, specifically: 480-acres in Section 18,
Township 2 North, Range 68 West, 80 acres in Section 13, 220 acres in
Section 24, 320 acres in Section 25, and 360 acres in Section 36,
Township 2 North, Range 67 West of the 6th Prime Meridian. (This is in
agreement with the section 208 Areawide Water Quality Plan. Territory to
the west is served by St. Vrain Sanitation District and to the east by Weld
County Tri-Area Sanitation District.)
Adds approximately 4780 acres south of Colorado Highway 52 on
both sides of Interstate 25, specifically: 560 acres in Section 1 , 640
acres in Section 2, 640 acres in Section 3, 460 acres in Section 10, 640
acres in Section 11 , 360 in Section 12, 100 acres in Section 13, 540
Acres in Section 14, 640 acres in Section 15, 40 acres in Section 16, 20
acres in Section 21 , and 80 acres in Section 22, Township 1 North,
Range 67 West of the 6'h Prime Meridian. (Territory to the West is served
by the Town of Erie, to the South the City of Northglenn, and to the East
9
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ST VRAIN SANITATION DISTRICT
TITLE 32 SERVICE AREA
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by the Dacono Sanitation District. Portions of Sections 2 and 3 have
been developed and are served by the District.)
Population Estimate
District Population Equivalent (P.E.) was estimated at 1 ,774 in
1985 based on the number of single tap equivalents (SFE) to serve
development within the original District as defined in its July, 1985
Service Plan.
This calculation is based on 1SFE representing 2.7 persons. This is the
average occupancy of a single household. P.E. and size of District, have
increased through new construction and inclusions as follows:
Year (end) Population
1985 1 ,774
1999 3,344
2000 5,699
This represents a 6.3% annual increase over its first 14 years and
70.4% increase during calendar year 2000.
The overall average annual increase since District inception is 14.75%.
Based on District's current year budget, population increase for 2001 is
estimated at 1944 (34.1%). The following four years are estimate at
14.75% and then 6.3%. This results in:
Year(end) Population
2001 7,643
2002 8,770
2003 10,063
2004 11 ,548
2005 13,252
2006 14,087
2007 14,974
2008 15,917
2009 16,920
2010 17,986
10
Firestone, Frederick, Dacono, and Erie are growing rapidly. These
estimates may well turn out to be low.
Valuation Estimate
The history of District Assessed Valuation follows:
Year(end) Assessed Valuation
1986 $1 ,325,190
1987 $3,314,290
1988 $3,462,160
1989 $4,359,140
1990 $4,496,950
1991 $5,561 ,670
1992 $5,355,020
1993 $5,667,640
1994 $7,219,310
1995 $10,043,250
1996 $11 ,286,022
1997 $13,543,100
1998 $23,338,380
1999 $32,881 ,460
2000 $54,704,740
This represents a 30% per year increase over the past ten years,
39% per year increase over the past seven years, and a 60% increase
over the past three years. It also reflects gains of $9,795,280,
$9,543,080, and $11 ,823,280 over the past three years. Based on
present level of development activity and known development plans for
the area, it is estimated that assessed valuation will increase
$10,380,000 per year, the average increase for the past three years, for
the next four years. After that increase at 6.3%, the projected population
increase for these years. This results in the following:
Year Assessed Valuation
2001 $ 65,084,740
2002 $ 75,464,740
11
2003 $ 85,844,740
2004 $ 96,224,740
2005 $102,286,690
2006 $108,730,750
2007 $115,580,780
2008 $122,862,360
2009 $130,662,680
2010 $138,830,640
C. Storm and Surface Drainage
Agreement
The St. Vrain Sanitation District has agreed to participate in the creation
of a stormwater management agency to manage storm and surface
drainage and make its resources available to administer this program in
the areas shown on the attached map. The purpose is to assess and
mitigate the threat to life, property, and water quality presented by storm
and surface water run off through the cooperative effort of the many
interested entities and individuals that impact, or are impacted by, storm
and surface water drainage.
Objectives
The objectives of this cooperative effort are:
• The creation and maintenance of a forum for entities and
individuals with an interest in stormwater management in the
Godding Hollow, the Idaho Creek basin, the Hamlin Draw, St. Vrain
Creek and the Boulder Creek within the boundary of the proposed
stormwater management agency service area.
• The assessment of flood hazard risks within the agency boundary.
• The funding and construction of facilities to mitigate the risks to
life, property, and water quality presented by stormwater runoff.
• The maintenance and operation of said facilities.
12
ST VRAIN SANITATION DISTRICT
STORM & SURFACE DRAINAGE AREAS
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Service Area
The agency shall perform the stormwater management responsibilities
within its service area. This involves planning and administration, as well
as construction and maintenance of community drainage facilities, for the
following drainage basins:
• Godding Hollow Drainage Basin - Mostly east of and parallel to 1-25
on the south side of St. Vrain Creek. (This area along with the No-
Name Creek drainage was the subject of a recent stormwater drainage
master plan.)
• Idaho Creek, St. Vrain Creek and Boulder Creek Drainage Basin —
West of 1-25, south of St. Vrain Creek, and east of County Line Road.
• North Drainage Basin — area of St. Vrain Sanitation District north of
St. Vrain Creek and includes Hamlin Draw.
The attached map shows these stormwater drainage basins that flow to
St. Vrain Creek.
Services and Functions
The following services and functions with respect to the area it serves,
are proposed for this stormwater management agency:
• Acquire, construct, own, reconstruct, improve, rehabilitate,
repair, operate, and maintain, by way of illustration and not by
limitation, such facilities and systems deemed necessary to
provide stormwater hazard mitigation and surface drainage
control to the areas which it serves, together with any and all
appurtenances thereto or interests therein.
• Review plans and other documents of developments occurring
within its jurisdiction and advise the appropriate land use
planning agency to whether or not they comply with the
recommendations contained in the various drainage basin
studies and the standards of the Agency.
13
• Provide such other services or functions as may be authorized
by law and determined by the St. Vrain Stormwater Management
Agency Board of Directors to be in the best interests of the area
and the participating governmental agencies.
Operating Principles
In order to provide the services and functions described above, this
District recommends that the stormwater management agency be guided
by the following operating principles:
a. Develop storm and surface water drainage plans for
each basin.
b. Adopt storm and surface water drainage development
and construction standards.
c. Maintain the sound financial health of the Agency
d. Establish a Stormwater Facilities Construction Plan
schedule with due consideration for the recurrence
interval of various flood hazards.
e. Establish a Stormwater Facilities Construction Plan
that provides for the control and containment of
stormwater outfall from newly constructed structures
and development.
f. Minimize the cost of maintenance of stormwater
drainage facilities.
g. Use natural, historic drainageways.
h. Maximize economies of scale.
Wherever possible, build multi-use facilities.
j. Insure that affected entities, groups, and individuals
have a voice in the decision making process of the
Agency.
k. Allocate funding obligations fairly to all properties that
contribute stormwater drainage.
14
Coordinate road improvements to conform with the
applicable storm and surface water drainage matter
plans.
Approval Requirements
The basis of these changes to District's Title-32 Service Area,
pursuant to the criteria set forth in Section 32-1-203(2) CRS follows:
a. There is sufficient existing and projected need for
organized service in the amended service area to be
serviced by the District.
b. The existing service in the additional area to be served
by the District is inadequate for projected needs.
c. The District is capable of providing economic and
sufficient service to the amended service area within
its proposed boundaries.
d. The District is capable of providing economic and
sufficient service to the amended service area within
its proposed boundaries.
e. The additional area to be included in the proposed
District service area has or will have the financial
ability to discharge the proposed indebtedness on a
reasonable basis.
f. Adequate service is not or will not be available to the
amended service area through the County, other
existing municipal or quasi-municipal corporations,
including existing special districts, within a reasonable
time on a comparable basis.
g. The facility and service standards of the District are
compatible with that of the State and surrounding
municipalities.
h. The proposal is in substantial compliance with a
master plan adopted pursuant to Section 30-28-108,
C.R.S.
The proposal will comply with the 208 Areawide
Wastewater Management Plan.
15
j. The additional Service Area as proposed will be in the
best interests of the area to be served.
For these reasons, the District requests that the above modifications be
approved.
16
,•� § 32-1-106 SPECIAL DISTRICTS
and no new petition for inclusion or exclusion, as the case may be, of territory pursuant to
sections 32-1-401(2) and 32-1-502 shall be submitted again until the expiration of eight
months after the date of the election at which the proposal was defeated.
(2) If, after any election submitting to the electors of any special district the proposition of
creating any indebtedness of the special district,it appears that the proposition was defeated,
no new proposition for creating such indebtedness of the special district shall be submitted
until the expiration of five months after the date of the election at which the proposal was
defeated.
Amended by Laws 1994,.H.B.94-1286,$ 99,eff.July 1,1994.
§ 32-1-107. Service area of special districts
(1) A special district may be entirely within or entirely without, or partly within and partly
without, one or more municipalities or counties, and a special district may consist of
noncontiguous tracts or parcels of property.
(2) Except as provided in subsection(3)of this section,no special district may be organized
wholly or partly within an existing special district providing the same service. Nothing in
this subsection(2) shall prevent a special district providing different services from organizing
wholly or partly within an existing special district. Except as provided in subsection (3) of
this section, a metropolitan district may be organized wholly or partly within an existing
special district, but a metropolitan district shall not provide the same service as the existing
special district.
(3)(a) For purposes of this subsection (3), "overlapping special district" means a new or
existing special or metropolitan district located wholly or partly within an existing special or
metropolitan district.
(b) An overlapping special district may be authorized to provide the same service as the
existing special or metropolitan district that the overlapping special district overlaps or will
overlap if:
(I) Where the service plan of such overlapping special district is subject to approval by the
board of county commissioners, the board of county commissioners of the county or counties
in which the overlapping territory is located approves by resolution the inclusion of such
service as part of the service plan of said overlapping special district; and
(II) Where the service plan of such overlapping special district is subject to the approval of
the governing body of a municipality,the governing body of any municipality that has adopted
a resolution of approval of the overlapping special district pursuant to section 32-1-204.5(1)(a)
approves by resolution the inclusion of such service as part of the service plan of said
overlapping special district; and
(III) The improvements or facilities to be financed, established, or operated by the
overlapping special district for the provision of the same service as the existing special or
metropolitan district do not duplicate or interfere with any other improvements or facilities
already constructed or planned to be constructed within the portion of the existing special or
metropolitan district that the overlapping special district overlaps or will overlap; and
(IV) The board of directors of any special district or metropolitan district authorized to
provide a service within the boundaries of the overlapping area consents to the overlapping
special district providing the same service.
(c) Nothing in this subsection (3) shall be construed to encourage the unnecessary
proliferation, duplication, overlapping, or fragmentation of special or metropolitan districts.
Amended by Laws 1997,H.B,97-1329,§ 1,eff.June 3,1997.
8
.. ExHI$ T
15
SPECIAL DISTRICTS § 32-1-202 •
PART 2
CONTROL ACT
§ 32-1-202. Filing of service plan required—report of filing—contents—fee
(1) Persons proposing the organization of a special district, except for a special district
which is contained entirely within the boundaries of a municipality and subject to the
provisions of section 32-1-204.5, shall submit a service plan to the board of county commis-
sioners of each county which has territory included within the boundaries of the proposed
special district prior to filing a petition for the organization of the proposed special district in
any district court. Such service plan shall be filed with the county clerk and recorder for the
board of county commissioners at least ten days prior to a regular meeting of the board of
county commissioners, the division, and the state auditor. Within five days after the filing of
any such service plan, the county clerk and recorder, on behalf of the board of county
commissioners, shall report to the division of local government in the department of local
affairs on forms furnished by said division the name an ype o specs district
for which the service plan has been MIs ed. If required by county policy adopted pursuant to
the procedure provided in section 30-28-112, C.R.S.,the service plan shall be referred to the
planning commission which shall consider and make a recommendation on the service plan to
the board of county commissioners within thirty days after said plan was filed with the county
clerk and recorder. At the next regular meeting of the board of county commissioners which
is held at least ten days after the final planning commission action on the service plan, the
board of county commissioners shall set a date within thirty days of such meeting for a public
hearing on the service plan of the proposed special district. The board of county commission-
ers shall provide written notice of the date, time, and location of such hearing to the division
of local government. The board may continue the hearing for a period not to exceed thirty
days unless the proponents of the special district and the board agree to continue the hearing
for a longer period.
(2) The service plan shall contain the following:
.r'\
(a) A description of the proposed services;
(b) A financial plan showing how the proposed services are to be financed, including the
proposed operating revenue derived from property taxes for the first budget year of the
district, which shall not be materially exceeded except as authorized pursuant to section
32-1-207 or 29-1-302, C.R.S. All proposed indebtedness for the district shall be displayed
together with a schedule indicating the year or years in which the debt is scheduled to be
issued. The board of directors of the district shall notify the board of county commissioners
or the governing body of the municipality of any alteration or revision of the proposed
schedule of debt issuance set forth in the financial plan.
(c) A preliminary engineering or architectural survey showing how the proposed services
are to be provided;
(d) A map of the proposed special district boundaries and an estimate of the population and
valuation for assessment of the proposed special district;
(e) A general description of the facilities to be constructed and the standards of such
construction, including a statement of how the facility and service standards of the proposed
special district are compatible with facility and service standards of any county within which
all or any portion of the proposed special district is to be located, and of municipalities and
special districts which are interested parties pursuant to section 32-1-204(1);
(f) A general description of the estimated cost of acquiring land, engineering services,legal
services, administrative services, initial proposed indebtedness and estimated proposed maxi-
mum interest rates and discounts, and other major expenses related to the organization and
initial operation of the district;
(g) A description of any arrangement or proposed agreement with any political subdivision
for the performance of any services between the proposed special district and such other
political subdivision, and, if the form contract to be used is available, it shall be attached to
the service plan; 9
" 32-1-202 SPECIAL DISTRICTS
(h) Information, along with other evidence presented at the hearing, satisfactory to
establish that each of the criteria set forth in section 32-1-203, if applicable, is met;
(i) Such additional information as the board of county commissioners may require by
resolution on which to base its findings pursuant to section 32-1-203.
(2.1) No service plan shall be approved if a petition objecting to the service plan and signed
by the owners of taxable real and personal property, which property equals more than fifty
percent of the total valuation for assessment of all taxable real and personal property to be
included in such district, is filed with the board of county commissioners no later than ten
days prior to the hearing under section 32-1-204, unless such property has been excluded by
the board of county commissioners under section 32-1-203(3.5).
(3) Each service plan filed shall be accompanied by a processing fee set by the board of
county commissioners not to exceed five hundred dollars, which shall be deposited into the
county general fund; except that the board of county commissioners may waive such fee.
Such processing fee shall be utilized to reimburse the county for reasonable direct costs
related to processing such service plan and the hearing prescribed by section 32-1-204,
including the costs of notice, publication, and recording of testimony. If the board of county
commissioners determines that special review of the service plan is required, the board may
impose an additional fee to reimburse the county for reasonable direct costs related to such
special review. If the board imposes such an additional fee, it shall not be less than five
hundred dollars, and it shall not exceed one one-hundredth of one percent of the total amount
of the debt to be issued by the district as indicated in the service plan or the amended service
plan or ten thousand dollars, whichever is less. The board may waive all or any portion of
the additional fee.
(4) In the case of a proposed health service district, submission to the board of county
commissioners by the petitioners of a license or certificate of compliance or evidence of a
pending application for a license or certificate of compliance issued by the department of
public health and environment shall constitute compliance with subsection (2) of this section.
Amended by Laws 1990, H.B.90-1104, § 10, eff. July 1, 1990; Laws 1991, S.B.91-14, § 3, eff. June 4,
1991; Laws 1994, H.B.94-1029, § 566, eff.July 1, 1994; Laws 1996, H.B.96-1275, § 8, eff. July 1, 1996.
§ 32-1-203. Action on service plan—criteria
(1) The board of county commissioners of each county which has territory included within
the proposed special district,other than a proposed special district which is contained entirely
within the boundaries of a municipality, shall constitute the approving authority under this
part 2 and shall review any service plan filed by the petitioners of any proposed special
dis
trict. With reference to the review
e view of any service plan,the board of county commissioners
has the following authority:
(a) To approve without condition or modification the service plan submitted;
(b) To disapprove the service plan submitted;
(c) To conditionally approve the service plan subject to the submission of additional
information relating to or the modification of the proposed service plan.
, (2) The board of county commissioners shall disapprove 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.
(b) The existing service in the area to be served by the proposed special district is
inadequate for present and projected needs.
(c) The proposed special district is capable of providing economical and sufficient service to
the area within its proposed boundaries.
�'. (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.
10
SPECIAL DISTRICTS § 32-1-204
(2.5) 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
presented:
(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.
(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.
(d) The proposal is in compliance with any duly adopted county, regional, or state long-
range water quality management plan for the area.
(e) The creation of the proposed special district will be in the best interests of the area
proposed to be served.
(3) The board of county commissioners may conditionally approve the service plan of a
proposed special district upon satisfactory evidence that it does not comply with one or more
of the criteria enumerated in subsection(2) of this section. Final approval shall be contingent
upon modification of the service plan to include such changes or additional information as
shall be specifically stated in the findings of the board of county commissioners.
(3.5) The board of county commissioners may exclude territory from a proposed special
district prior to approval of the service plan submitted by the petitioners of a proposed special
district. The petitioners shall have the burden of proving that the exclusion of such property
is not in the best interests of the proposed special district. Any person owning property in
the proposed special district who requests that his property be excluded from the special
district prior to approval of the service plan shall submit such request to the board of county
commissioners no later than ten days prior to the hearing held under section 32-1-204, but
the board of county commissioners shall not be limited in its action with respect to exclusion
of territory based upon such request. Any request for exclusion shall be acted upon before
final action of the county commissioners under section 32-1-205.
(4) The £endings of the board of county commissioners shall be based solely upon the
service plan and evidence presented at the hearing by the petitioners, planning commission,
and any interested party.
(5) In the case of a proposed health service district, submission to the board of county
commissioners by the petitioners of a license or certificate of compliance or evidence of a
pending application for a license or certificate of compliance issued by the department of
public health and environment shall constitute compliance with subsections (2) and (2.5) of
this section.
Amended by Laws 1994, H.B.94-1029, § 567, eff.July 1, 1994; Laws 1996,H.B.96-1275, § 9,eff.July 1,
1996.
§ 32-1-204. Public hearing on service plan—procedures--decision
(1) The board of county commissioners shall provide written notice of the date, time, and
location of the hearing to the petitioners and the governing body of any existing municipality
or special district which has levied an ad valorem tax within the next preceding tax year and
which has boundaries within a radius of three miles of the proposed special district
boundaries,which governmental units shall be interested parties for the purposes of this part
2. The board of county commissioners shall make publication of the date, time, location, and
purpose of such hearing, the first of which shall be at least twenty days prior to the hearing
date. The board of county commissioners shall include in such notice a general description of
the land contained within the boundaries of the proposed special district and information
outlining methods and procedures..pursuant to section 32-1-203(3.6)concerning the filing of a
petition for exclusion of territory. Such publications shall constitute constructive notice to the
11
§ 32-1-204 SPECIAL DISTRICTS
residents and property owners within the proposed special district who shall also be
interested parties at the hearing.
(1.5) Not more than thirty days nor less than twenty days prior to the hearing held
pursuant to this section, the petitioners for the organization of the special district shall send
letter notification of the hearing to the property owners within the proposed special district as
listed on the records of the county assessor on the date requested unless the petitioners
represent one hundred percent of the property owners. The notification shall indicate that it
is a notice of a hearing for the organization of a special district and shall indicate the date,
time, location, and purpose of such hearing, a reference to the type of special district, the
maximum mill levy, if any, or stating that there is no maximum that may be imposed by the
proposed special district, and procedures for the filing of a petition for exclusion pursuant to
section 32-1-203(3.5). Except when no mailing is required, the mailing of the letter
notification to all addresses or post office box addresses within the proposed special district
shall constitute a good-faith effort to comply with this subsection(1.5), and failure to notify all
electors thereby shall not provide grounds for a challenge to the hearing being held.
(2) If there is a county planning commission or a regional planning commission in lieu
thereof, the service plan submitted by the petitioners for the organization of the proposed
special district shall be delivered by the county clerk and recorder to such planning
commission. The county planning commission or regional planning commission shall study
such service Ian and present its recommendations consiste .-of
(3) The hearing held by the board of county commissioners shall be open to the public, and
a record of the proceedings shall be made. All interested parties as defined in this section
shall be afforded an opportunity to be heard under such rules of procedure as may be
established by the board of county commissioners. Any testimony or evidence which in the
discretion of the board of county commissioners is relevant to the organization of the
proposed special district shall be considered.
(4) Within twenty days after the completion of the hearing, the board of county commis-
sioners shall advise the petitioners for the organization of the proposed special district in
writing of its action on the service plan. If the service plan is approved as submitted, a
resolution of approval shall be issued to the petitioners. If the service plan is disapproved,
the specific detailed reasons for such disapproval shall be set forth in writing. If the service
plan is conditionally approved, the changes or modifications to be made in, or additional
information relating to, the service plan, together with the reasons for such changes,
modifications, or additional information, shall also be set forth in writing, and the proceeding
shall be continued until such changes, modifications, or additional information is incorporated
in the service plan. Upon the incorporation of such changes, modifications, or additional
information in the service plan of the proposed special district, the board of county
commissioners shall issue a resolution of approval to the petitioners.
Amended by Laws 1991, S.B.91-14, § 4, eff. June 4, 1991; Laws 1996, H.B.96-1023, § 7, eff.April 13,
1996.
Historical and Statutory Notes
The 1996 amendment, in subsec. (1.6), in the "which may",and in the third sentence.substituted
} first sentence, substituted "letter notification of "letter notification to all addresses or" for "post-
the"for"postcard or letter notification of said",in card notification to all addresses except".
the second sentence, substituted "that may" for
4i
_ § 32-1-204.5. Approval by municipality
(1) No special district shall be organized if its boundaries are wholly contained within the
boundaries of a municipality or municipalities, except upon adoption of a resolution ofapproval by the governing body of each municipality. The information required and criteria
_ej! applicable to such approval shall be the information required and criteria set forth in sections
32-1-202(2)and 32-1-203(2). With reference to the review of any service plan,the governing
", body of each municipality has the following authority:
12
SPECIAL DISTRICTS § 32-1-206
(a) To approve'without condition or modification,the service plan submitted;
(b) To disapprove the service plan submitted;
(c) To conditionally approve the service plan subject to the submission of additional
information relating to, or the modification of, the proposed service plan or by agreement with
the proponents of the proposed service plan.
(2) In the case of a proposed health service district, submission to the governing body of
the municipality of a license or certificate of compliance or evidence of a pending application
for a license or certificate of compliance issued by the department of public health and
environment shall constitute compliance with the requirements of sections 32-1-202(2) and
32-1-203(2)and(2.5)as required by subsection(1)of this section.
Amended by Laws 1994,H.5.94-1029,§ 568,eff.July 1, 1994; Laws 1996,H.B.96-1275,§ 10,eff.July I,
1996.
Cross References
Debt, Inclusion of territory located in a city or county,
Application for a quinquennial finding of rea- approval or waiver,see§ 32-1-401.
sonable diligence, enforcement, see Overlapping special districts, provision of same
§ 32-1-1101.5. service as existing special or metropolitan district,
• Mailing and filing of certification of results of see§ 32-1-107.
elections to incur indebtedness, see
§ 32-1-1101.5.
§ 32-1-205. Resolution of approval required
(1) A petition for the organization of a special district filed in any district court of
competent jurisdiction pursuant to the provisions of section 32-1-301 shall be accompanied by
a resolution approving the service plan of the proposed special district by the board of county
commissioners of each county where the territory of the proposed special district lies or,
where required pursuant to section 32-1-204.5, by a resolution of approval by the governing
body of each municipality. If the boundaries of a proposed special district include territory
within two or more counties, a resolution approving the service plan for such special district
shall be required from the board of county commissioners of each county which has territory
included in the proposed special district; but the board of county conunissioners of each of
the respective counties, in their discretion, may hold a joint hearing on the proposed special
district in accordance with section 32-1-204.
(2) Except as provided in section 32-1-206, no petition for the organization of a special
district shall be considered by any court in this state without the resolution of approval and
the service plan required by this part 2. The approved service plan and the resolution of
approval required by this part 2 shall be incorporated by reference in and appended to the
order establishing the special district after all other legal procedures for the organization of
the proposed special district have been complied with.
Amended by Laws 1991,S.B.91-14,§ 5,eff.June 4,1991.
§ 32-1-206. Judicial review
(1) If the petitioners for the organization of a proposed special district fail to secure such
resolution of approval in the first instance or on remand from any board of county
commissioners or,where required pursuant to section 32-1-204.5,from the governing body of
any municipality, the petitioners may request the court to review such action. If the court
determines such action to be arbitrary, capricious, or unreasonable, the court shall remand
the matter back to the board of county commissioners or to the governing board of the
municipality for further action with specific direction as necessary to avoid the arbitrary,
capricious, or unreasonable result. Another public hearing shall be held with notice to
interested parties as defined in section 32-1-204(1).
(2) If the service plan is•approved by the board of county commissioners, any interested
party as defined in section 32-1-204(1), if such party had appeared and presented its
objections before the board of county commissioners, shall be given notice and have the right
13 -
§ 32-1-206 SPECIAL DISTRICTS
to appear and be heard at the hearing on the court petition for the organization of the special
district, and the court may dismiss the court petition upon a determination that the decision
of the board of county commissioners was arbitrary,capricious,or unreasonable.
Amended by Laws 1991,S.B.91-14,§ 6,eff.June 4,1991.
§ 32-1-207. Compliance—modification-enforcement
(1) Upon final approval by the court for the organization of the special district, the
facilities, services, and financial arrangements of the special district shall conform so far as
practicable to the approved service plan.
(2) After the organization of a special district pursuant to the provisions of this part 2 and
part 3 of this article, material modifications of the service plan as originally approved may be
made by the governing body of such special district only by petition to and approval by the
board of county commissioners or the governing body of the municipality which has adopted a
resolution of approval of the special district pursuant to section 32-1-204.5 in substantially the
•
same manner as is provided for the approval of an original service plan; but the processing
fee for such modification procedure shall not exceed two hundred fifty dollars. Such approval
of modifications shall be required only with regard to changes of a basic or essential nature,
including but not limited to the following: Any addition to the types of services provided by
the special district; a decrease in the level of services; a decrease in the financial ability of
the district to discharge the existing or proposed indebtedness; or a decrease in the existing
or projected need for organized service in the area. Approval for modification shall not be
required for changes necessary only for the execution of the original service plan or for
changes in the boundary of the special district; except that the inclusion of property which is
located in a county or municipality with no other territory within the special district may
constitute a material modification of the service plan or the statement of purposes of the
special district as set forth in section 32-1-208. In the event that a special district changes
its boundaries to include territory located in a county or municipality with no other territory
within the special district, the special district shall notify the board of county commissioners •
of such county or the governing body of the municipality of such inclusion. The board of
county commissioners or the governing body of the municipality may review such inclusion
and, if it determines that the inclusion constitutes a material modification, may require the
governing body of such special district to file a modification of its service plan in accordance
with the provisions of this subsection(2).
(3)(a) Any material departure from the service plan as originally approved or, if the same
has been modified, from the service plan as modified, which constitutes a material modifica-
tion thereof as set forth in subsection (2) of this section, may be enjoined by the court
approving the organization of such special district upon its own motion, upon the motion of
PP g
the board of county commissioners or governing body of a municipality from which a
resolution of approval is required by this part 2,or upon the motion of any interested party as
defined in section 32-1-204(1).
(b) No action may be brought to enjoin the construction of any facility, the issuance of
levy of taxes the imposition of rates, fees, tolls and
mancial obligations, the
bonds or other f g P
charges,or any other proposed activity of the special district unless such action is commenced
within forty-five days after the special district has published notice of its intention to
1!. undertake such activity. Such notice shall describe the activity proposed to be undertaken by
the special district and provide that any action to enjoin such activity as a material departure
from the service plan must be brought within forty-five days from publication of the notice.
The notice shall be published one time in a newspaper of general circulation in the district.
The district shall also provide notice to the district court. On or before the date of
- publication of the notice,the district shall also mail notice to the board of county commission-
ers or governing body of a municipality from which a resolution is required by this part 2.
(c) A board of county commissioners may request any special district located wholly or
partially within the county's unincorporated area, and the governing body of any municipality
may request any special district located wholly or partially within the municipality's bound-
aries, to file, not more than once a year, a special district annual report. The annual report
shall be filed with the board of county commissioners, any municipality in which the special
14
SPECIAL DISTRICTS § 32-1-208
district is wholly or partially located, the division,and the state auditor, and such report shall
be deposited with the county clerk and recorder for public inspection,and a copy of the report
shall be made available by the special district to any interested party pursuant to section
32-1-204(1). If a special district files an annual report pursuant to this paragraph (c), such,
report shall include but shall not be limited to information on the progress of the special
district in the implementation of the service plan. The board of county commissioners or the
governing body of the municipality may review the annual reports in a regularly scheduled
public meeting, and such review shall be included as an agenda item in the public notice for
such meeting.
(d) Any special district created on or after July 1, 1991, shall annually file the report
specified in paragraph(c) of this subsection(3)with the board of county commissioners or the
governing body of the municipality which has adopted a resolution of approval of the special
district pursuant to section 32-1-204.5 for five years after its organization and for succeeding
annual periods, if so requested by the board of county commissioners or the governing body
of the municipality. The annual report shall also be filed with the division and with te state
decrease
auditor. The state auditor shall review the annual report and report any apparent
in the financial ability of the district to discharge its existing or proposed indebtedness in
accordance with the service plan to the division. In such event,the division shall confer with
the board of the special district and the board of county commissioners or the governing body
of the municipality regarding such condition.
(4) In the case of a health service district, a change in service by the district shall not be
deemed material unless the change affects the license or certificate of compliance issued by
the department of public health and environment. A health service district shall be exempt
from paragraphs(b)and(c)of subsection(3)of this section.
Amended by Laws 1990, H.B.90-1104, § 11, eff. July 1, 1990; Laws 1991, S.B.91-14, § 7, eff. June 4,
1991; Laws 1994,H.B.94-1029, § 569,eff. July 1, 1994; Laws 1996,H.B.96-1275, § 11,eff.July 1, 1996.
.-, Law Review and Journal Commentaries
Colorado special districts and William PChapter
h r,ap e J. and
I. Harry M. Sterling,
Charles E.Norton,20 Colo.Law.2475(1991).
§ 32-1-208. Statement of purposes—districts without service plans
(1) On or before July 1, 1986, any special district which does not have a service plan
approved pursuant to this part 2 shall file a statement of purposes in the form set forth in
subsection (2) of this section with the board of county commissioners of each county and
governing body of each municipality which has territory included within the boundaries of the
special district and with the division. The statement of purposes shall be accepted by such
board of county commissioners and by such governing body of each municipality without any
requirement for hearing thereon. The following documents shall be deemed to be the
statement of purposes required by this section for any special district which does not have a
service plan approved pursuant to this part 2 because it was at the time of organization
confined exclusively within the boundaries of a municipality, and no new statement of
purposes need be filed by the special district except as required by subsection (3) of this
section:
(a) The petition for organization;
(b) The resolution or ordinance of the governing body of the municipality approving the
special district;
(c) Any agreements between the municipality and the district; and
(d) Any plans filed with the municipality describing the services to be provided by the
special district.
(2) The statement of purposes required under this section shall describe the purposes for
which the special district was organized,the services and facilities provided or to be provided
by the special district, and the areas served or to be served by the special district.
15
PAN
§ 32-1-208 SPECIAL DISTRICTS
(3) Any statement of purposes filed by a special district pursuant to this section shall be
subject to the requirements of and may be modified in the manner provided in section
32-1-207. The board shall notify the board of county commissioners or the governing body of
any municipality in which the special district is wholly or partially located of any proposed
increase in the indebtedness of the district.
(4) The provisions of this section shall not apply to health service districts.
Amended by Laws 1991, S.B.91-14, § 8, eft June 4, 1991; Laws 1996, H.B.96-1275, § 12, elf. July 1,
1996.
§ 32-1-209. Submission of information
If a special district fails either to file a special district annual report pursuant to section
32-1-207(3)(e) or to provide any information required to be submitted pursuant to section
32-1-104(2) within nine months of the date of the request for such information, the board of
county commissioners of any county or the governing body of any municipality in which the
special district is located, after notice to the affected special district, may notify any county
treasurer holding moneys of the special district and authorize the county treasurer to prohibit
release of any such moneys until the special district complies with such requirements.
Added by Laws 1991,S.B.91-14,§ 9,elf.June 4,1991.
PART 3
ORGANIZATION
§ 32-1-301. Petition for organization
(1) After approval of the service plan pursuant to section 32-1-205 or 32-1-206 or after
approval of the petition by the governing body of a municipality pursuant to section 32-1-205,
the persons proposing the organization of a special district may file a petition for organization
in the district court vested with jurisdiction of the county in which all or part of the real
property in the proposed special district is situated. The petition shall be signed by not less
than thirty percent or two hundred of the taxpaying electors of the proposed special district,
whichever number is the smaller.
(2) The petition shall set forth:
(a) The type of service to be provided by the proposed special district and the name of the
proposed special district, consisting of a chosen name preceding one of the following phrases:
(I) Ambulance district;
(I.1) Fire protection district;
(II) Health service district;..
(III) Metropolitan district;
(IV) Park and recreation district;
-k� (V) Sanitation district;
(VI) Water and sanitation district;
(VII) Water district;
(VIII) Tunnel district;
(b) A general description of the facilities and improvements, if any, to be constructed,
installed,or purchased for the special district;
4.
(c) A statement as to whether the proposed special district lies wholly or partly within
"; another special district or municipality;
.,.,. ..
(d) The estimated cost of the proposed facilities and improvements;
(d.l) The estimated property tax revenues for the district's first budget year;
^ yr, 16
4.s;
�-• SPECIAL DISTRICTS § 32-1-304
(e) A general description of the boundaries of the special district or the territory to be
included therein,with such certainty as to enable a property owner to determine whether or
not his property is within the special district;
(1) If selected by the petitioners, a general description of the boundaries of director
districts which shall have, as nearly as possible, the same number of eligible electors, which
shall be as contiguous and compact as possible, and which shall be represented on the board
by a director who is an eligible elector within the boundaries of the respective director
district;
(g) A request for the organization of the special district;
(h) A request for the submission to the electors of the special district at the organizational
election of any questions permitted to be submitted at such election pursuant to section
32-1-803.5.
(3) The petition shall be accompanied by a resolution approving the service plan as
provided in section 32-1-205, unless the service plan has been approved by the court as
provided in section 32-1-206 or unless such special district is confined exclusively within the
boundaries of any existing municipality, and the governing body of the municipality has
approved the petition for organization by resolution which shall be attached to the petition.
Amended by Laws 1991,S.B.91-14, § 10, eff.June 4, 1991; Laws 1992, H.B.92-1333, § 107, eff:Jan. 1,
1993; Laws 1993, H.B.93-1256, § 134, eff. July 1, 1993; Laws 1996, H.B.96-1276,§ 2, eff. July 1, 1996.
Cross References
Special district elections, ' Time for special election,see§ 32-1-803.
Director candidates,self-nomination,qualifica-
tions,see§ 32-1-804.3.
Notes of Decisions
Validity 'k Constitution; implicit requirement that city
council act reasonably in giving its approval to
preliminary petition to organize special district,
$. Validity together with subsequent procedural steps, pro-
Provisions of Special District Act, regarding vided adequate safeguards against dangers of
establishment of special district within existing overly broad delegation of legislative power.
municipal boundaries, were not standardless del- State Farm Mut. Auto. Ins. Co. v. City of Lake-
egation of legislative power in violation of State wood, 1990, 7:: P.2d 808.
§ 32-1-303. Court jurisdiction—transfer of file—judge not disqualified
Library References
Colorado Methods of Practice, 4th Ed.,Vol 1B
(1997),Krendl,§ 232.
§ 32-1-304. Notice of court hearing
Immediately after the filing of a petition, the court wherein such petition is filed,by order,
shall fix a place and time, not less than twenty days nor more than forty days after the
petition is filed,for hearing,thereon. Thereupon the clerk of said court shall cause notice by
publication to be made of the pendency of the petition, the purposes and boundaries of the
special district, and the time and place of hearing thereon. The clerk of said court shall also
forthwith cause a copy of said notice to be mailed by United States registered mail to the
board of county commissioners of each of the several counties and to each party entitled to
notice pursuant to section 32-1-206(2). Said notice shall include a general description of the
land contained within the boundaries of the proposed special district and information
explaining methods and procedures for the filing of a petition 'for exclusion of territory
pursuant to section 32-1-305(3).
Amended by Laws 1991,S.B.91-14,§ 11,eff.June 4,1991.
17
fro"-
(1,c1(
DEPARTMENT OF PLANNING SERVICES
' PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
W GREELEY, COLORADO 80631
COLORADO
May 30, 2001
Mark Peterson
St.Vrain Sanitation District
436 Coffman Street Stes. 203 &204
P.O. Box 908
Longmont, Colorado 80502-0908
Subject: Amended St. Vrain Sanitation District Service Plan and Boundary Change- Request for a
Modification of Service and Boundary Change
Dear Mr. Peterson:
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 June 19, 2001 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 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 Erie,Mead, Frederick,Firestone,
Dacono,and Longmont Planning Commission for their review and comments. Please call 303-926-2700,970-
535-0831, 303-833-2388, 303-833-3291, 303-833-2317, and 303-651-8330 for further details regarding the
dates, times, and places of these meetings. It is recommended that you and/or a representative be in
attendance at the Frederick,Firestone,Dacono,and Longmont 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,
Monic Daniels-Mika, A.I.C.P.
Director of Planning Services
Hello