HomeMy WebLinkAbout20233561.tiff EXHIBIT
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Before the Weld County , Colorado , Planning Commission
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Resolution of Recommendation to the Board of County Commissioners
Moved by Barney Hammond , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
Case Number: MET23-0001
Applicant: Anadarko E & P Onshore , LLC . do Kiteley Ranch Metropolitan District
Planner: Maxwell Nader
Request: Amended and Restated Service Plan for Kiteley Ranch Metropolitan District .
Legal Description : Lot B Recorded Exemption RE-843 , being part of the NW1 /4 of Section 27 .
Township 3 North , Range 68 West of the 6th P M . , Weld County , Colorado .
Location : South of and adjacent to Highway 66 : east of and adjacent to County Road 7 .
be recommended favorably to the Board of County Commissioners for the following reasons :
It is the opinion of the Planning Commission that the applicant has shown compliance with Title 32 of C . R . S .
and Chapter II , Article XIV of the Weld County Code as follows :
1 . Section 32- 1 -203 (2 ) states the Board of County Commissioners shall approve the Service Plan unless
evidence satisfactory to the Board of each of the following is presented :
(a) There is sufficient existing and projected need for organized service in the area to be serviced by the
proposed special district.
The 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 Park 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 service in the area to be served by the proposed special district is inadequate for present
and project 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 .
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 proposed special district is capable of providing economical and sufficient service to the area
within its proposed boundaries.
Resolution MET23-0001
Anadarko E&P Onshore,LLC,c/o Kiteley Ranch Metropolitan District
Page 2
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 sixty-five(65)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 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,will be eligible for reimbursement from debt
proceeds The first year's operating costs,estimated at$75,000,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 proposed special 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 Pattelh 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 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"
2 Section 32-1-203(2 5)states"the Board of County Commissioners may disapprove the service plan if
evidence satisfactory to the Board of any of the following, at the discretion of the Board,is not
permitted"
(a)Adequate service is not,or will not be,available to the area through the county or other existing
municipal or quasi-municipal corporations,including existing special districts,within a reasonable
time and on a comparable basis
The applicant has indicated in their application that there are no other governmental agencies in
existence within the area which have the legal and financial ability to undertake the financing,design,
and completion of the public improvements needed to serve the Kiteley Ranch Development
(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)
Service levels and facilities of the districts would likely match those of the County,though exact levels
of service are not precisely defined by the Plans or associated documentation
(c)The proposal is in substantial compliance with a masterplan adopted pursuant to Section 30-28-106
CRS
The proposed service plan is in conformance with Chapter 2 Article XIV of the Weld County Code
Resolution MET23-0001
Anadarko E&P Onshore,LLC,do Kiteley Ranch Metropolitan District
Page 3
(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 proposed special district will be in the best interests 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 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
3 Section 2-14-10 A 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"
(a)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(Section
2-14-10 B)
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
(b)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(Section 2-14-20 C)
As previously discussed,the need for urban-level services has been adequately demonstrated
(c)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(Section 2-14-20 D)
The proposed Service Plan explains that the District may be entered into with the Water District,
Sanitation District,other governmental entities,developers,the owners association and other
services 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 this Agreement
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 Metro District Longs Peak
Water District did not return a referral
The proposed Plan does state that any other intergovernmental agreements not mentioned in the
Services Plan shall require the approval of the County in compliance with Section 2-14-20 D of the
Weld County Code
Resolution MET23-0001
Anadarko E&P Onshore,LLC,c/o Kiteley Ranch Metropolitan District
Page 4
(d)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
(Section 2-14-10 E)
The proposed Plan states written notice will be provided to the County pursuant to Section 32-1-
207(3)(b(,C R S of any action or activity which the District believes is permitted by the Service plan
but which may be unclear or with may result in a material change of the Primary Infrastructure Plan
(PIP)pursuant to Section 2-14-20 E of the Weld County Code
(e)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(Section 2-14-20 F)
The Plan as proposed does not intend 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 externtorial services shall be considered a material modification of
the service plan
(f) 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
(Section 2-14-20 G)
The proposed Plan states that the District's exercise of the statutory power 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
(g)The Service Plan shall restrict the District's debt service mill levy authorization to fifty(50)mills(the
"Debt Service Mill Levy Cap")The Service Plan shall restrict the District's total aggregate mill levy
(debt service mill levy plus operations and maintenance mill levy)to sixty-five(65)mills(the
"Aggregate Mill Levy Cap")(Section 2-14-20 H)
The proposed Plan identifies a Mill Levy Cap that is no greater than 65 mills,with 50 mills maximum
for debt service and up to 15 mills for operations and maintenance costs
(h)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(Section 2-14-20 J)
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"
(I) It is the intent of the County that citizen/resident control of Districts be encouraged to occur as
early as possible(Section 2-14-40 A)
Resolution MET23-0001
Anadarko E&P Onshore,LLC,do Kiteley Ranch Metropolitan District
Page 5
As currently proposed,the Service 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
(j) 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(Section 2-14-50)
The Service Plan states the following,"The District will not be dissolved as long as it is providing
services and facilities and discharging its obligations in accordance with the provisions of the Service
Plan If all public improvements are transferred to the County or other governmental agencies or a
homeowner's association for operation and maintenance,and all bonds or other obligations of the
District are discharged,or payment is provided for the District will be dissolved pursuant to the Act
The District will not be dissolved,however,without first complying with the provisions of Section 2-14-
50 of the Weld County Code
Motion seconded by Pamela Edens
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizi
Shana Morgan
Virginia Guderjahn
Barney Hammond
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County,Colorado,adopted on November 7,2023
Dated the 7th of November,2023
Kristine Ranslem
Secretary
EXHIBIT
Summary of the Weld County Planning Commission Meeting 41-8
rnei23e Jl
Tuesday , November 7 , 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair
Elijah Hatch , at 1 : 30 p . m .
Roll Call .
Present: Elijah Hatch , Michael Wailes , Pamela Edens , Michael Palizzi , Shana Morgan , Barney
Hammond .
Absent : Skip Holland , Butch White , Virginia Guderjahn .
Also Present : Kim Ogle , Diana Aungst, Maxwell Nader, and Tom Parko , Department of Planning Services ,
Lauren Light, Department of Health , Karin McDougal and Bruce Barker, County Attorney , and Kris
Ranslem , Secretary .
Case Number: MET23-0001
Applicant: Anadarko E & P Onshore , LLC . do Kiteley Ranch Metropolitan District
Planner: Maxwell Nader
Request: Amended and Restated Service Plan for Kiteley Ranch Metropolitan District ,
Legal Description : Lot B Recorded Exemption RE -843 , being part of the NW1 /4 of Section 27 .
Township 3 North , Range 68 West of the 6th P . M . , Weld County , Colorado .
Location : South of and adjacent to Highway 66 ; east of and adjacent to County Road 7 .
Max Nader, Planning Services . presented Case MET23-0001 , reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application .
Jennifer Ivey , Icenogle Seaver Pogue , Legal Counsel for Kiteley Ranch Metropolitan District , 4725 South
Monaco Street . Denver, Colorado . Ms . Ivey stated that this is an existing Metropolitan District formed in
2006 and they are requesting to bring that service plan up to current standards . She added that the current
service plan debt limitations are not adequate to cover the increased costs . Ms . Ivey stated that there will
be no changes to the debt mill levy cap and no changes to the aggregate mill levy cap . There will be an
addition of a Special Improvement District to finance public improvements .
Commissioner Hammond asked what school district this site is located in . Mr. Nader said it is located in
the St . Vrain School District .
Motion : Forward Case MET23-0001 to the Board of County Commissioners along with the Planning
Commission ' s referral of support , Moved by Barry Hammond , Seconded by Pamela Edens .
Vote : Motion carried by unanimous roll call vote ( summary : Yes = 6 ) .
Yes : Barney Hammond , Elijah Hatch , Michael Palizzi , Michael Wailes , Pamela Edens , Shana Morgan .
Meeting adjourned at 6 : 01 p . m .
Respectfully submitted .
Pati/LALi 41,
Kristine Ranslem
Secretary
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