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HomeMy WebLinkAbout20233570.tiff HEARING CERTIFICATION DOCKET NO.2023-90 RE: AMENDED AND RESTATED SERVICE PLAN,MET23-0001, FOR KITELEY RANCH METROPOLITAN DISTRICT A public hearing was conducted on December 6,2023,at 10:00 a.m.,with the following present: Commissioner Mike Freeman,Chair Commissioner Perry L.Buck,Pro-Tem Commissioner Scott K.James Commissioner Kevin D.Ross Commissioner Lori Saine Also present: Clerk to the Board,Esther E.Gesick County Attorney,Bruce Barker Department of Planning Services representative,Maxwell Nader The following business was transacted: I hereby certify that pursuant to a notice dated November 13, 2023, and duly published November 15,2023,in the Greeley Tribune,a public hearing was conducted to consider the request of Icenogle Seaver Pogue,for consideration of Amended and Restated Service Plan of the Kiteley Ranch Metropolitan District.(Clerk's Note:Due to a clerical error,there is no audio recording for this hearing.) Bruce Barker,County Attorney,made this a matter of record by reading the notice,specifically noting the district is located entirely within Weld County, Colorado, and the property is approximately 131.878 acres and is generally located south of State Highway 66,and east of County Road 7,located in the NW1/4 of Section 27,Township 3 North,Range 68 West of the 6th P.M.,Weld County,Colorado.He further explained the request is to amend the service plan which was previously approved in 2006. Jennifer Ivey,Legal Counsel with Icenogle Seaver Pogue,represented the Metropolitan District and expressed her appreciation to the County staff for assisting them through a rather lengthy submittal and review process to ensure the new plan complies with statutory regulations and Weld County Code. She displayed a PowerPoint presentation, marked Exhibit D, and stated the metropolitan district Service Plan was originally approved in 2006,based on an estimated cost of $8.2 Million for public improvements to be constructed,along with a debt limit of$12 Million, generated by a capped 50 mills of debt service and 65 mills aggregate.Ms.Ivey explained the public improvement costs in today's economy are now estimated at$30 Million,thus the current mill levy limits are inadequate for development.Additionally,the Amended and Restated Service Plan accounts for changes in law and county regulations in Chapter 2 of Weld County Code for service plan models.She stated, in conjunction with review by the County Attorney and the Department of Finance,the Planning Commission heard the matter on November 7,2023,and forwarded a recommendation of approval.She confirmed the plan contains new transparency measures for the benefit of future residents of the district,explained there are additional limitations CC:PL(R/Kk),Pw(cH/pC/r /sa),c rI3(E6), 2023-3570 Cr(8BAO4),CR(cK/s)8occ(IcF), (RR/ ) SD0129 of/z9(24 HEARING CERTIFICATION-AMENDED AND RESTATED SERVICE PLAN(MET23-0001)- KITELEY RANCH METROPOLITAN DISTRICT PAGE 2 on taxes and fees,and confirmed there is no change to the aggregate mill levy cap.Ms.Ivey stated the existing plan is 17 years old;thus it is in need of a financial and regulatory refresh, which requires a public hearing.She presented the points of compliance with the statutory criteria as detailed in the presentation and recommendation forwarded by the Planning Commission; specifically,it will help address the demand for housing through the proposal of 279 single-family detached homes with public amenities and utilities,and the maintenance will not be accepted by the County or other governmental entities.She further stated there is inadequate existing service which this development will meet through perpetual maintenance in accordance with the financial plan. Commissioner Saine commented the Draft Resolution was received shortly before the meeting and inquired as to the nature of the proposed revisions.Ms.Ivey confirmed the purpose of this hearing is to meet the statutory requirements for making the requested changes to ensure adequate funding to meet current market demands.Responding to Commissioners James and Saine,Mr.Barker confirmed the plan,as presented,will bring it up to date and in compliance with the Colorado Revised Statutes and Chapter 2 of the Weld County Code. No public testimony was offered concerning this matter. Commissioner Saine reiterated her concern with the limited amount of time to review the Draft Resolution and asked for a brief postponement to later in the meeting,which Chair Freeman declined. Ms. Ivey explained most of the proposed edits are simply grammatical, and they removed the reference to the word"proposed"because the Kiteley Ranch Metropolitan District already exists.Additionally,they added clarifying procedural language to reinforce the statutory references and document the requested approval action.Commissioner Saine reiterated her request to delay the matter to allow time to review the document.Chair Freeman reiterated the drafted action is primarily for the purpose of bringing the requirements of the Service Plan up to date with current statutory and County Code regulations and policies,and Commissioners James and Buck concurred. Commissioner Ross moved to approve the request of Icenogle Seaver Pogue,concerning the Amended and Restated Service Plan of the Kiteley Ranch Metropolitan District,based on the review by County staff and subsequent recommendation of the Planning Commission.The motion was seconded by Commissioner James,and upon a roll call vote,the motion carried four(4)to one(1),with Commissioner Saine opposed due to the lack of time afforded to review the Draft Resolution.There being no further discussion,the hearing was completed at 10:18 a.m. 2023-3570 SD0129 HEARING CERTIFICATION-AMENDED AND RESTATED SERVICE PLAN(MET23-0001)- KITELEY RANCH METROPOLITAN DISTRICT PAGE 3 This Certification was approved on the 20th day of December,2023. 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