HomeMy WebLinkAbout20233560.tiff RESOLUTION
RE: APPROVE AMENDED AND RESTATED SERVICE PLAN, MET23-0001, FOR
KITELEY RANCH METROPOLITAN DISTRICT
WHEREAS,the Board of County Commissioners of Weld County,Colorado(the"Board
of County Commissioners"or the"Board"),pursuant to Colorado statute and the Weld County
Home Rule Charter,is vested with the authority of administering the affairs of Weld County,
Colorado,and
WHEREAS,pursuant to C.R.S.§32-1-203(3.5),an Amended and Restated Service Plan
(the"Service Plan")concerning the Kiteley Ranch Metropolitan District(the"District"),was filed
with,and accepted by,the Board of County Commissioners,and referred to the Planning
Commission for study and recommendation,by Resolution#2023-2896,dated October 2,2023,
and
WHEREAS,the Weld County Planning Commission considered the Amended and
Restated Service Plan at its meeting on November 7,2023, and presented its favorable
recommendation to the Board of County Commissioners at its hearing on this matter, as
required by C.R.S.§32-1-204(2),and
WHEREAS,on November 20,2023,by Resolution#2023-3375,the Board of County
Commissioners ratified the publication and mailing of the legal notice,which scheduled a public
hearing for the Amended and Restated Service Plan to be held at 9:00 a.m.on December 6,
2023,and
WHEREAS,notice of the date,time,location,and purpose of said hearing was duly
published in The Greeley Tribune,the county legal newspaper,on November 15,2023;notice
was provided to the Division of Local Affairs of the name and type of the proposed district;and
notice of the date,time and location of said hearing was provided to the Petitioners,to the
governing body of each municipality and of each special district which had levied an ad valorem
tax within the next preceding tax year and which had boundaries within a radius of three(3)
miles of the proposed district,and to said Division,as required by C.R.S.§32-1-202(1)and
§32-1-204(1),and
WHEREAS,the Board did,on December 6,2023,conduct a full public hearing on this
matter,taking evidence establishing the jurisdiction of the Board to hear this matter and further
taking evidence regarding the substantive issues set forth in C.R.S.§32-1-203,at which hearing
all interested parties were afforded an opportunity to be heard.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Weld County,Colorado,that after consideration of all testimony and other evidence presented
to the Board in this matter,finds that the Amended and Restated Service Plan meets the criteria,
as follows and is approved:
1. The Board hereby determines that all of the jurisdictional and other requirements
of C.R.S.§32-1-202 and§32-1-204,have been fulfilled,including those relating
to the filing and form of the Service Plan,the form and publication of the public
hearing of the hearing on the Service Plan,and the type of public hearing held
herein,and that,pursuant to C.R.S.§32-1-204(1)the petitioners did give proper
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CR(cK/as),13.cc(Kr5,FI(RR/cP)APPL. 2023-3560
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APPROVE AMENDED AND RESTATED SERVICE PLAN-KITELEY RANCH METROPOLITAN
DISTRICT(MET23-0001)
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and timely notification of the hearing to the governing body of any existing
municipality or special district which levied an ad valorem property tax,and which
has boundaries within a radius of three(3)miles from the boundaries of the
District.
2. Pursuant to C.R.S.§32-1-204(2)(a),the Weld County Planning Commission has
considered this matter as required by law and has favorably recommended
approval of the Service Plan.
3. Based upon the information contained within the Service Plan and evidence
presented to the Board at the hearing,the Board hereby finds that the applicant
has shown compliance with Title 32 of C.R.S.§32-1-203(2),and Chapter 2,
Article XIV of the Weld County Code,as follows:
A. There is sufficient existing and projected need for organized services of
the nature proposed in the Service Plan in the area to be serviced by the
District.The proposal identifies that the District will finance, acquire,
construct, equip, complete, manage, operate, provide, and maintain
public improvements and services throughout the Kiteley Ranch
Development,unless transferred to the County or another agency,and
to generate property tax and revenue sufficient to pay on-going expenses
and debt service costs incurred by the District.
The proposed public improvements to be financed,acquired,installed
and constructed by the District to serve the Kiteley Ranch Development
are as follows: Street System and Traffic Safety, Storm Drainage,
Sanitary Sewer System,Water System,and Parks and Recreation.
The Kiteley Ranch Development at Foster Lake PUD Change of Zone,
PZ-1082,is for 427 single-family detached homes with 31.11 acres of
parks and open space, and was approved by the Board of County
Commissioners on July 26,2006.Kiteley Ranch Development at Foster
Lake PUD was approved as a three phased development.
The current Kiteley Ranch Development at Foster Lake PUD plan is for
279 single-family detached homes,forty(40)acres of open space and
approximately sixteen(16)acres designated for oil and gas operations.
The Final Plan application has not been submitted for staff and referral
agency review and comment.
B. The existing services in the area to be served by the District are
inadequate for present and projected needs.The applicant has indicated
in their application that there are no other governmental agencies in
existence within the area which have the legal and financial ability to
undertake the financing, design, and completion of the public
improvements needed to serve the Kiteley Ranch Development.
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The St.Vrain Sanitation District,in their referral dated October 16,2023,
states:"An intergovernmental agreement will be required with the St.
Vrain Sanitation District as the provider of sanitary sewer service to the
area."
Longs Peak Water District did not return referral comments at this time.
C. The District is capable of providing economical and sufficient services to
the area within its proposed boundaries.The referral dated October 19,
2023, addresses the concerns of the Weld County Department of
Finance and Administration,Chief Financial Officer,Ms.Cheryl Pattelli.
Ms. Pattelli states, "The financial plan calls for the Kiteley Ranch
Metropolitan District to have a maximum of 50 mills for the debt limit cap.
The debt mill levy limit cap is within the standard of a maximum debt mills
in the Weld County Metro District Policies County Code Section 2-14-30,
with the permitted assessed valuation ratio adjustment per County Code
Section 2-14-20.H from the base year of 2006 to the current year's
residential ratio of 6.765%,to allow a maximum debt mill levy of 57.266.
As proposed,the financial plan has a reasonable debt mill levy and a
reasonable debt tax burden on all properties within the District.
The Aggregate Mill Levy Cap,which is the maximum mill levy the District
is permitted to impose on the properties in the District for debt and
operations and maintenance function,is 65.0 mills,with the permitted
assessed valuation ratio adjustment per County Code Section 2-14-20.H
from the base year of 2006 to the current year's residential ratio of
6.765%.This adjustment allows a maximum debt mill levy of 57.266,plus
15.0 mills for operations and maintenance functions,totaling 72.266 mills.
Initial operating costs,including land acquisition,engineering services,
legal services,and administrative services,anticipated at$50,000.00,will
be eligible for reimbursement from debt proceeds. The first year's
operating costs,estimated at$75,000.00,are anticipated to be derived
from property taxes and other revenue. Subsequent year's operating
costs are anticipated to be derived from property taxes and other revenue
as well."
D. The area to be included in the District has,or will have,the financial ability
to discharge the proposed indebtedness on a reasonable basis. The
referral dated October 19,2023,addresses the concerns of the Weld
County Department of Finance and Administration, Chief Financial
Officer, Ms. Cheryl Pattelli. Ms. Pattelli states, "The financial plan
submitted is adequate. Although I have some concerns regarding the
financial plan,there is no financial risk to the County if assumptions
and/or other aspects of the financial plan do not hold true.Therefore,from
review of the service plan,I have no objections in approval of the service
plan with the Total Debt Issuance Limit in the service plan of 30,000,000,
Total Debt Mill Levy Limit Cap,and Total Aggregate Mill Levy Limit cited
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in the service plan based upon my conclusion that the financial matters
in the service plan appear to be in conformance with the county's metro
district policies."
4. 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."Based upon the
information contained within the Service Plan and evidence presented to the
Board at the hearing,the Board hereby finds that the applicant has shown
compliance with Title 32 of C.R.S.§32-1-203(2.5),as follows:
A. Adequate services are not,and will not be,available to the area through
Weld County or other municipal or quasi-municipal corporations,
including special districts,within a reasonable time and on a comparable
basis.The applicant has indicated in their application that there are no
other governmental agencies in existence within the area which have the
legal and financial ability to undertake the financing, design, and
completion of the public improvements needed to serve the Kiteley
Ranch Development.
B. The facilities and service standards of the District are, or will be,
compatible with the facilities and service standards of Weld County and
of each municipality and special district which is an interested party
hereto.Service levels and facilities of the District would likely match those
of the County,though exact levels of service are not precisely defined by
the Service Plan or associated documentation.
C. The Service Plan is in substantial compliance with the Weld County
Comprehensive Plan and the Weld County Code.The proposed Service
Plan is in conformance with Chapter 2,Article XIV of the Weld County
Code.
D. The proposal is in substantial compliance with any duly adopted county,
regional,or state long range water quality management plan for the area.
Section 22-2-50.A and Section 22-2-50.B of the Weld County Code
respectively state, "Encourage responsible and sustainable water
usage,"and"Protect water quality within the County."The proposed
Service Plan identifies water activities.This section does not identify the
long-range water quality management plan,but identifies the district has
the ability to establish a water activity enterprise that will be in accordance
with the Water Activities Act.
E. The creation of the District will be in the best interest of the area proposed
to be served.Section 22-2-10.D of the Weld County Code states,"The
water quality management plans shall protect Health, Safety, and
General Welfare. Land use regulations and policies will protect and
enhance the health,safety,and general welfare of the citizens of Weld
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County."The proposed Service Plan and special district will be in the best
interests of the area proposed to be served and is in the interest of Weld
County.
5. Based upon the information contained within the Service Plan and evidence
presented to the Board at the hearing,the Board hereby finds that the applicant
has shown compliance with Chapter 2,Article XIV of the Weld County Code,as
follows:
A. Section 2-14-10.A of the Weld County Code states, "The County
establishes the following as its policy for the review and approval or
disapproval of Service Plans, including any amendment thereof, for
Metropolitan Districts and other Title 32 Special Districts."
B. Section 2-14-10.B states,"The County generally accepts the formation of
Districts where it is demonstrated that the formation of a District is needed
to provide public services or facilities to local development and will result
in benefits to existing or future residents or business owners of the
County and the District."As indicated above,there is a demonstrated
need to provide services,because the proposed Service Area consists of
land that is zoned for urban-level development.
C. Section 2-14-20.C states, "The Service Plan shall enumerate and
describe all powers requested on behalf of the District.Demonstration of
the need or benefit of each power is required.Powers which are not
clearly needed will not be approved in the Service Plan."As previously
discussed, the need for urban-level services has been adequately
demonstrated.
D. Section 2-14-20.D states, "Any Intergovernmental Agreement which is
required or known at the time of formation of the District,to likely be
required,to fulfill the purposes of the District,must be described in the
Service Plan, along with supporting rationale. The Service Plan shall
provide that execution of intergovernmental agreements by the District
that are not described in the Service Plan shall require forty-five-day
notice publication and written notice to the County pursuant to Section
32-1-207(3)(b), C.R.S."The proposed Service Plan explains that the
agreements may be entered into by the District with the Water District,
Sanitation District,other governmental entities,developers,the owners
association and other service providers to furnish or discharge any facility
or service responsibility of the District set forth in the Service Plan or to
provide funding therefor.Details about the nature and ability of these
agreements are not described in the Service Plan.In the referral from St.
Vrain Sanitation District dated October 16,2023,they are requesting
intergovernmental agreements with the District. Longs Peak Water
District did not return a referral.The proposed Service Plan does state
that any other intergovernmental agreements not mentioned in the
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Service Plan shall require the approval of the County in compliance with
Section 2-14-20.D of the Weld County Code.
E. Section 2-14-10.E states,in part: "The Service Plan shall include the
description of any planned inclusion into,or exclusion of property from,
the District's boundaries.The Service Plan shall provide that inclusions
or exclusions by the District that are not described in the Service Plan
shall require forty-five-day notice publication and written notice to the
County pursuant to Section 32-1-207(3)(b), C.R.S." The proposed
Service Plan states written notice will be provided to the County pursuant
to Section 32-1-207(3)(b),C.R.S.,of any inclusions or exclusions not
described in the Service Plan.
F. Section 2-14-20.F states,in part,"The Service Plan shall describe any
planned extraterritorial service agreement. The Service Plan shall
provide that any extraterritorial service agreements by the District that are
not described in the Service Plan shall require forty-five-day notice
publication and written notice to the County pursuant to Section 32-1-
207(3)(b),C.R.S."The Service Plan,as proposed,does not indicate that
the District intends to furnish services or facilities outside of its
boundaries, except as authorized in the Service Plan or by
intergovernmental agreement in compliance with Section 2-14-20.F of
the Weld County Code.The District's failure to comply with Section 2-14-
20.F of the Weld County Code prior to providing any exterritorial services
shall be considered a material modification of the Service Plan.
G. Section 2-14-20.G states,in part,"The Service Plan shall outline any
anticipated plans or needs for the exercise,by the District,of its power of
eminent domain.The Service Plan will contain language limiting the use
of the District's power of eminent domain to carry out the District's
essential functions and services as well as to implement the intent of the
Primary Infrastructure Plan as defined in the Model Service Plan
described in Section 2-14-60. The use of eminent domain will be
undertaken strictly in compliance with state laws.The Service Plan shall
provide that use of eminent domain or change in the Primary
Infrastructure Plan by the District not described in the Service Plan shall
require forty-five-day notice publication and written notice to the County
pursuant to Section 32-1-207(3)(b),C.R.S."The proposed Service Plan
states that if within 45 days of the publication of said notice,the County
objects to the District's proposed exercise of the statutory power of
eminent domain,the proposed use of eminent domain shall constitute a
material modification of the Service Plan and shall require the Approval
of the County in accordance with Section 2-14-20.G of the Weld County
Code.
H. Section 2-14-20.H states,in part, "The Service Plan shall restrict the
District's debt service mill levy authorization to fifty(50)mills(the"Debt
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Service Mill Levy Cap").The Service Plan shall restrict the District's total
aggregate mill levy (debt service mill levy plus operations and
maintenance mill levy)to sixty-five(65)mills(the"Aggregate Mill Levy
Cap").The proposed Service Plan identifies a Mill Levy Cap that is no
greater than 65 mills,subject to adjustment as described in the Service
Plan,with 50 mills maximum for debt service and up to 15 mills for
operations and maintenance costs.
I. Section 2-14-20.J states,"The Service Plan shall require that,thirty(30)
days prior to an election thereon, proposed ballot questions for
a formation election,debt authorization or de-Brucing will be submitted
to the County for filing and review. The County shall have the right
to object to any ballot questions not in compliance with the Service Plan
as a major modification of the District's Service Plan pursuant to Section
32-1-207(3)(a),C.R.S."The Service Plan states that,"All ballot questions
authorizing indebtedness will be filed with the County no later than 30
days before any election held therefor, in accordance with Section
2-14-20.J of the Weld County Code."
J. Section 2-14-40.A states, "It is the intent of the County that citizen/
resident control of Districts be encouraged to occur as early as possible."
As currently proposed,the District boundaries are coterminous with the
boundaries of the Kiteley Ranch Development.The District will contain
all of the land within the Kiteley Ranch Development.
L. Section 2-14-50 states,"The Service Plan shall provide for the dissolution
of the District after the District's debts and financial obligations are fully
discharged and the District has completed all of its operations and
maintenance responsibilities. A District with long-term, ongoing
operations and maintenance will not be obligated to dissolve.However,
the Service Plan must provide that,in the event said obligations are
someday undertaken by another party or are otherwise no longer the
responsibility of the District,it shall be required to dissolve."The Service
Plan states the following,"Upon a determination of the BOCC that the
purposes for which the District was created have been accomplished,the
District agrees to file a petition in the District Court in and for Weld
County,Colorado,for dissolution,in accordance with the provisions of
the Special District Act.In no event shall dissolution occur until the District
has provided for the payment or discharge of all of its outstanding Debt
and other financial obligations as required pursuant to state statutes.If
the District is responsible for ongoing operations and maintenance
functions under this Amended Service Plan (Long-Term District
Obligations),the District shall not be obligated to dissolve upon any such
BOCC determination. However, should the Long-Term District
Obligations be undertaken by the County or other governmental entity,or
should the District no longer be obligated to perform the Long-Term
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District Obligations, the District agrees to commence dissolution
proceedings as set forth above."
6. Based upon the information contained within the Service Plan and evidence
presented to the Board at the hearing as set forth above,the Service Plan is
hereby approved as submitted.
7. The Clerk to the Board be,and hereby is,directed to advise the Petitioners,in
writing,of this action and to attach a certified copy of this Resolution for the
purpose of filing the same with the District Court of Weld County.
8. All resolutions,or parts thereof,in conflict with the provisions hereof,are hereby
repealed to the extent of such conflict only.
9. This Resolution,immediately upon its passage,shall be authenticated by the
signatures of the Board of County Commissioners and the Clerk to the Board
and sealed with the corporate seal of the County.
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 6th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: ditita)
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`� Mike Freeman,Chair
Weld County Clerk to the Board a,ei,E (AYE)
• �l� Perry L.Bu ,Pro-Tem
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Deputy Clerk to the Board I (AYE)
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