HomeMy WebLinkAbout20200311.tiffEXHIBIT INVENTORY CONTROL SHEET
CASE PUDZ18-0006 — ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC
Exhibit Submitted B
A. Planning Commission
Description
Resolution of Recommendation
B. Planning Commission Summary of Hearing (Minutes dated 1/21/2020)
C. Planning Services
D. Public Works
E. Planning Services
F. Applicant
J. Andrew Ausmus, City of Fort Lupton reply regarding Todd Creek Metro
G. Ausmus Law Firm, P.C. District (received 10/20/2020)
Todd Creek Village Sewer service will -serve commitment dated 10/21/2020
H. Metropolitan District (received 10/22/2020)
Will Serve letter for sewer service for Dry Creek North —
I. Applicant Phase 1 dated 10/19/2020 (received 10/28/2020)
Hi -Land Acres Sewer Service Boundary Map (received
J. Planning Service 10/28/2020)
PowerPoint Presentation
Proposed Condition #1.G (dated 1/29/2020)
Email from Applicant, dated 1/29/2020, with State
Engineer Comments
Letter of Withdrawal (dated 2/4/2020)
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EXHIBIT
MEMORANDUM
FROM: Mike McRoberts, P.E., Public Works
DATE: January 29, 2020
PUDZ18-0006 Todd Creek PUD — Phase 1
I
RUDZ18-0O3
Public Works is requesting the additional Condition of Approval:
fife
?therm � t�uei 2�ec.
G. Prior to recording the Change of Zone map, the applicant shall revise the site planto provide
intersection locations that meet the minimum access spacing requirements for arterial roads as
defined by Table 1 of the Weld County Code, Section 8-14-30.1, or intersection locations approved
by the Department of Public Works.
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Hi Selena,
Mike McRoberts
Wednesday, January 29, 2020 11:06 AM
Selena Baltierra
Esther Gesick
BOCC 1-29-20 Additional Condition of Approval
Public Works is requesting the additional Condition of Approval:
G. Prior to recording the Change of Zone map, the applicant shall revise the site plan within the development guide
to provide intersection locations that meet the minimum access spacing requirements for arterial roads as defined
by Table 1 of the Weld County Code. Section 8-14-30.I. or intersection locations approved by the Department of
Public Works.
Mike McRoberts, P.E.
Development Review Engineer
Weld County Public Works
1111 H Street, P.O. Box 758
Greeley, CO 80632
(970) 400-3798
•
z2a
1
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
Angela Snyder
Wednesday, January 29, 2020 9:21 AM
Esther Gesick; Bob Choate; Isabella Juanicorena; Tom Parko Jr.
FW: PUDZ18-0006 Updated Referral Request
Dry Creek East_Phase 1_2nd letter.pdf
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Thyne - DNR, Ailis <ailis.thyne@state.co.us>
Sent: Wednesday, January 29, 2020 8:34 AM
To: Angela Snyder <asnyder@weldgov.com>
Subject: Re: PUDZ18-0006 Updated Referral Request
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Ms. Snyder,
Please find attached comments from the State Engineers Office regarding Todd Creek North PUD (Dry Creek
East)
If you have questions, please contact me at 303-866-3581 ext. 8216.
Sincerely,
Ailis Thyne
Water Resource Engineer
1
a
4
COLORADO
Division of Water Resources
Department of Natural Resources
P 303.866.3581 x 8216
1313 Sherman Street, Room 818, Denver, CO 80203
ailis.thyne@state.co.us I www.colorado.gov/water
Forwarded message
From: Angela Snyder <asnyder@weldgov.com>
Date: Thu, Dec 19, 2019 at 10:15 AM
Subject: PUDZ18-0006 Updated Referral Request
To: Williams - DNR, Joanna <joanna.williams@state.co.us>, Brucker - DNR, Sarah <sarah.brucker@state.co.us>
Cc: Tom Parko Jr. <tparko@weldgov.com>, Bob Choate <bchoate@weldgov.com>
Joanna,
We received a an updated Water Supply Plan for the Todd Creek Village North PUD with 300 units that is much more
comprehensive. We are requesting a reconsideration of TCVMD's ability to provide water service to this development.
Let us know if you need any other information.
We understand that this is the holiday season, however, this case will be heard by our Planning Commission on January
7th with staff comments due December 31St. Any recommendations before then would be most appreciated.
Best Regards,
Angela
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
2
0 COLORADO
Division of Water Resources
Department of Natural Resources
January 29, 2020
Angela Snyder
Weld County Department of Building and Planning Services
Transmitted via email:
asnyder@weldgov.com
RE: ALF Todd Creek Village North, LLC/Dry Creek Village East Subdivision Phase 1
Case no. PUDZ18-0006
Part of the W ?/2 of the W '/2, Sec. 35, T1 N, R67W, 6th P.M.
Water Division 1, Water District 2
Dear Ms. Snyder,
We have reviewed the submittal documents related to case no. PUDZ18-0006 provided via
mail on October 28, 2019, concerning the above referenced proposal to change zone from
A (Agricultural) Zone District to PUD (Planned Unit Development) Zone District to create
300 lots and 13.1 acres of open space.
Water Supply Demand
According to a January 27, 2020 email from Gina Burke with Jehn Water Consultants, Inc.
the potable water demand is estimated at 90 acre-feet per year based on a potable demand
of 0.3 acre-feet per year per unit.
Source of Water Supply
District Water Supply Overview
The proposed water source is the Todd Creek Village Metropolitan District (District). A Water
and Sewer Service Agreement between the District and ALF Equinox Todd Creek Village North,
LLC dated September 17, 2008 was provided with application materials. However according
to the Todd Creek Village Metropolitan District Water Supply Plan dated December 17, 2019
and memorandum to the report dated January 20, 2020 ("Water Supply Report") the District
is not currently committed to serve the ALF Todd Creek Village North development since all
of the conditions in the Water and Sewer Service Agreement have not yet been satisfied.
This office recognizes that the District continues to develop its water portfolio and
infrastructure so that it can meet the needs of its customers. However, when this office
evaluates water supplies available to any water district or municipal provider for the
purpose of meeting permanent customer commitments it does not consider a district's
short-term contract supplies, Denver Basin water that has not been decreed, not
nontributary Denver Basin groundwater that has not been included in a court approved
augmentation plan or any other source of water that is not currently legally available for
municipal use. Short term contracts have the potential to be discontinued and water
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director
Dry Creek East, Phase 1
January 29, 2020
Page 2 of 7
supplies that require a water court decree prior to use have an uncertain yield until such
time as a water court decree is obtained. For these reasons, we have not historically
considered such supplies when evaluating the permanent water supplies available to a
district. This is consistent with the approach we have taken in previous letters to the county
regarding the District, including letters dated January 2. 2002, June 18, 2002, August 8,
2002, October 29, 2002, September 15, 2004, January 24, 2005, February 8, 2005, October
4, 2011 and November 17, 2016. In addition, to the extent that the applicant is claiming
junior water rights they must specify and provide support for the claimed annual firm yield
of the water rights.
District Water Supply Demands
According to information in this office, the District has implemented a dual pipeline system,
one for potable water and one for non -potable irrigation water. New subdivisions will be
required to have two taps and the existing subdivisions have been retrofitted with this system.
This office will focus on the potable residential and commercial water demands since the
Water Supply Report addresses the potable demands and Todd Creek has existing permanent
water supplies that will provide a firm yield to meet these demands and can supply potable
water separate from non -potable water as a result of their dual pipeline system.
The Water Supply Report estimates the District's potable water commitments to be
approximately 789.07 acre-feet annually, as shown in Table 1 below.
For the purposes of understanding the District's ability to satisfy the counties' water
allocation approaches for the previously approved subdivisions, water demand can also be
described by the total residential and commercial potable water demand over the 100 year
and 300 year allocation periods. The total potable water demand for residential and
commercial developments is 104,971.7 acre-feet. The potable water requirements of each
existing residential and commercial development are listed in Table 1.
Table 1: Potable Water Demands
Development Name
Number
of
Single
Family
Units
Assumed
Water
Requirement
per Lot
(AF/yr/lot)
Total Annual
In -House Use
Requirement
(AF/yr)
Water
Supply
Demand
Approach
Total In -
House Use
Requirement
(AF)
Residential
Todd Creek Farms Filing 1
54
0.269
14.53
100-yr
1452.6
Todd Creek Farms Filing 2
57
0.269
15.33
100-yr
1533.3
Todd Creek Farms Filing 3
62
0.269
16.68
100-yr
1667.8
Todd Creek Farms Filing 4
139
0.269
37.39
100-yr
3739.1
Foxridge
58
0.269
15.60
100-yr
1560.2
Todd Creek Farms Filing 5
160
0.269
43.04
100-yr
4304.0
Eagle Shadow I
185
0.269
49.77
100-yr
4976.5
Wheatland Estates
71
0.269
19.10
100-yr
1909.9
Todd Creek Meadows Phase I
78
0.269
20.98
100-yr
2098.2
Silver Springs
52
0.269
13.99
100-yr
1398.8
Hawk Ridge
47
0.269
12.64
100-yr
1264.3
Eagle Shadow II
191
0.269
51.38
100-yr
5137.9
Dry Creek East, Phase 1
January 29, 2020
Page 3 of 7
Heritage at Todd Creek
1277
0.269
343.51
100-yr
34351.3
Todd Creek Village -Bartley
179
0.300
53.70
300-yr
16110.0
Todd Creek Village -Shook
64
0.300
19.20
300-yr
5760.0
Baseline Lakes
54
0.269
14.53
300-yr
4357.8
Jogan Estates
3
0.300
0.9
300-yr
270
Baseline Lakes-Add'l
140
0.300
42.00
300-yr
12,600.0
Commercial
HTC Club/Maint
3.65
100-yr
365.0
TCVMD office
0.03
100-yr
3.0
NH Church
0.88
100-yr
88.0
Harvest Fellowship
0.24
100-yr
24.0
Total
2,871
789.07
104,971.7
District Water Supply Availability: Denver Basin Water
According to the District's Water Supply Report, the District has approximately 843 acre-feet
per year of currently decreed nontributary Laramie -Fox Hills ground water rights. The District
also has 39.2 acre-feet per year of not-nontributary Lower Arapahoe ground water rights that
are currently included in a plan for augmentation and 503.6 acre-feet per year of not-
nontributary Lower Arapahoe ground water rights that are currently not included in a plan for
augmentation. Once adjudicated, the District claims it will also have the right to withdraw
and use additional Laramie -Fox Hills aquifer water underlying lands in the District's
boundaries that is not currently adjudicated. Please note that these amounts are based on
the statutory 100 -year aquifer life allocation approach.
Based on this information, the District currently has a total of 88,220 acre-feet (882.2 acre-
feet per year for 100 years) of Denver Basin water supplies; the District is committed to
supplying a total of 104,971.7 acre-feet of potable water. If the Denver Basin water is
withdrawn over 100 years, it equates to 882.2 acre-feet of water per year, which is greater
than the yearly potable commitment of 789.07 acre-feet per year.
The proposed source of water for this subdivision includes bedrock aquifer ground water in
the Denver Basin. The State Engineer's Office does not have evidence regarding the length
of time for which this source will be a physically and economically viable source of water.
According to 37-90-137(4)(b)(I), C.R.S., "Permits issued pursuant to this subsection (4) shall
allow withdrawals on the basis of an aquifer life of one hundred years." Based on this
allocation approach, the annual amounts of water decreed by the District in the Denver
Basin are equal to one percent of the total amount, as determined by rules 8.A and 8.B of
the Statewide Nontributary Ground Water Rules, 2 CCR 402-7. Therefore, the water may
be withdrawn in those annual amounts for a maximum of 100 years.
In the Charter and Code of the County of Weld, Colorado, 2001, Sec. 27-2-170. Public water
provisions States:
"PUDs must be capable of meeting state drinking water regulations (Colorado Primary
Drinking Water Regulations) and have adequate provisions for a three -hundred -year supply
of water."
Dry Creek East, Phase 1
January 29, 2020
Page 4 of 7
The State Engineer's Office does not have evidence regarding the length of time for which
this source will provide a water supply.
District Water Supply Availability: Surface Water
According to the District's Water Supply Report, the District has surface water rights and
leased sources. Some of this water is limited to municipal or irrigation uses only, as outlined
in Table 2, below. Table 2 also outlines what sources this office considers secure permanent
supplies for the purposes of evaluating a subdivision water supply plan. This office does not
consider water subject to short-term leases or water not yet adjudicated by the Water Court
when evaluating the amount of permanent supplies available to supply residential
developments.
Regarding the District's use of Coors water, the following issues need to be addressed before
we can provide additional comments. The Coors effluent may have very limited yield since
the decrees under which the majority of the water rights were changed (case nos. W-8036,
W8256 and 89CW234) do not allow for reuse or successive use for municipal uses within the
District's boundaries or augmentation uses other than the Coors Operations contemplated in
the decrees. It appears that only a portion of the water included in case no. 99CW236,
specifically water previously changed in case no. 96CW1117, could be used within the
District's boundaries, subject to the terms and conditions of said decrees.
The District has obtained a decree in case no. 08CW165. The average historical consumptive
use decreed in that case for the Old Brantner shares of 130 acre-feet has been included as
a permanent supply as shown in Table 2.
Table 2: District's Surface Water Su lies
Water
Source
Contract/
Shares
Contract
End Date or
Decree/
SWSP
Proposed
Yield:
Municipal
(AF)
Proposed
Yield:
Irrigation
(AF)
Firm yield,
permanent
supply:
Municipal
(AF)
Firm yield,
permanent
supply:
Irrigation
(AF)
Notes
Old
Brantner
17 shares
08CW165
315.2
0
130
0
Adjudicated
March 10,
2015
New
Brantner
18.375
shares
0
312
0
312*
No
information
provided
Effluent
Coors- Aug
12/31/2016
(12/31/2026
w/
extensions)
200
0
0
0
Effluent not
decreed for
reuse or
successive
use
Reusable
Effluent
Consolidated
Mutual
Perpetual
500
0
462.1**
0
Excess
Credits
SACWSD
3/31/2018
500
0
0
0
Short term
lease
Dry Creek East, Phase 1
January 29, 2020
Page 5 of 7
*The New Brantner shares can continue to be used for the historical irrigation use. From the
information provided it could not be determined if the land proposed to be irrigated is included under
the originally decreed lands.
**The Consolidated Mutual contract water is typically released from the Metro Wastewater Facility; this
water travels downstream to the District. Due to transit losses associated with the water delivery, only
462.1 acre-feet of the 500 acre-feet contracted is realized by the District. This calculation is based on
the standard river transit loss rates; in a dry year the rate of transit loss could increase.
As shown in Table 2 above the District has approximately 592.1 acre-feet of potable surface
water and leased supplies that could be considered part of the permanent water supply.
The Applicant is also claiming that the junior surface and storage water rights decreed in
Division 1 Water Court case nos. 13CW3181 and 16CW3019 have a firm yield of 1,405 acre-
feet per year. This analysis is based on historical stream flow and call records for the period
of 2001 through 2018. According to the Water Supply Report the junior water rights decreed
in case nos. 13CW3181 and 16CW3019 will be used when available and the Denver Basin water
will be used as a backup supply during periods of drought or shortage.
District Water Supply Availability: Conclusions
The District's ability to regulate potable and irrigation water separately through their dual
pipeline system allows this office to evaluate potable water supply and irrigation water supply
independently. Therefore, this office's conclusions regarding the District's potable and
irrigation water are being addressed separately.
When the permanent supply of the District's municipal surface rights (592.1 acre-feet per
year) is combined with the District's Denver Basin water (882.2 acre-feet per year), the
District's total permanent potable water supply becomes 1,474.3 acre-feet per year
(assuming a 100 -year aquifer life). This amount is sufficient to meet the 879.07 acre-feet per
year potable residential and commercial demand which includes the existing District's
commitments, which is 789.07 acre-feet per year; and the 90 acre-feet per year required for
Dry Creek East Planned Development for 300 years.
As discussed above based on the 100 year and 300 year allocation approaches required for the
subdivisions the total water requirement for the District's current commitments is 104,971.7
acre-feet. The permanent water sources available to meet that demand is 882.2 acre-feet
per year of Denver Basin water (88,220 acre-feet total based on a 100 year allocation
approach) and 592.1 acre-feet of surface rights (177,630 acre-feet based on deliveries for 300
years). Therefore the total amount of permeant water supplies available over a 300 year
period would be 265,850 acre-feet which would be adequate to meet the demand over that
period of 104,971.7 acre-feet.
The recognized permanent surface irrigation supplies are 312 acre-feet per year available
from the New Brantner shares. Permanent potable water supply that is not needed for existing
residential and commercial commitments may be used as a source of permanent irrigation
water supply, however Denver Basin water used for that purpose would reduce the amount
available to meet future potable water demands.
Dry Creek East, Phase 1
January 29, 2020
Page 6 of 7
A review of our records found well permit no. 161587 is located on the subject property.
Permit no. 161587-A was issued pursuant to § 37-92-602 C.R.S. for the replacement of the
late registered well under permit no. 161587. Permit no. 161587-A was issued on the
condition that the original well is plugged and abandoned. A Well Abandonment Report was
not received for the original well therefore, it is unknown if the original well was plugged.
To ensure the original well was plugged, the well owner must submit a Well Abandonment
Report (Form GWS-09) available for download at:
http://water.state.co.us/DWRIPub/Documents/gws-09.pdf. Well permit no. 161587-A is
not located on the subject property. According to information received from the District if
well 161587 exists on the property it will either be plugged and abandoned in accordance
with the Water Well Construction Rules or re -permitted as a non-exempt well prior to
subdivision approval.
State Engineer's Office Opinion
As stated above, the District's dual pipeline system allows the District to control potable and
non -potable water supply separately. Based on the District's ability to maintain separate
potable and non -potable water supply systems, the information presented above, and
pursuant to Section 30-28-136(1)(h)(I) and Section 30-28-136(1)(h)(II), C.R.S., it is our opinion
that the proposed water supply is adequate for potable residential and commercial use and
can be provided without causing injury to decreed water rights so long as the District
commits to serve the development; and well 161587 is plugged and abandoned or re -
permitted as a non-exempt well, if such well exists on the property. This office offers no
formal opinion pursuant to the above referenced statutes regarding the non -potable
water supply for golf course or lawn and garden irrigation.
Our opinion that the potable water supply is adequate is based on our determination that
the amount of Denver Basin water required annually to serve the subdivision is currently
physically available, based on current estimated aquifer conditions.
Our opinion that the potable water supply can be provided without causing injury is based
on our determination that the amount of Denver Basin water that is legally available for the
proposed uses on an annual basis, according to the statutory allocation approach, plus the
permanent municipal supplies shown in Table 2, is greater than the annual amount of water
required to supply existing water commitments and the demands of the proposed subdivision.
Our opinion that the potable water supply can be provided without causing injury recognizes
that the District plans to use junior water rights to the extent available as the primary source
of water supply and intends to use the Denver Basin water as a backup supply during periods
of drought or shortage.
Our opinion is qualified by the following:
The Division 1 Water Court has retained jurisdiction over the final amount of water available
under the Denver Basin decrees reference by the District, pending actual geophysical data
from the aquifer.
The amounts of water in the Denver Basin aquifers, and identified in this letter, are
calculated based on estimated current aquifer conditions. For planning purposes the
Dry Creek East, Phase 1
January 29, 2020
Page 7 of 7
county should be aware that the economic life of a water supply based on wells in a
given Denver Basin aquifer may be less than the 100 or 300 years used for allocation
due to anticipated water level declines. We recommend that the county determine
whether it is appropriate to require development of renewable water resources for this
subdivision to provide for a long-term water supply.
Additionally, the Con Mutual water is subject to assessment of conveyance losses occurring
at the time of delivery as assessed by the water commissioner, currently 0.25% per mile during
November through March and 0.50% per mile during April through October on the South Platte
and 0.25% per mile on Clear Creek. Further, the Con Mutual water is dependent upon the
natural stream for delivery from the point made available by Con Mutual at the Metro
Wastewater Facility or other decreed source to the downstream location where Todd Creek
would divert or use. Todd Creek would be responsible for any structures to be constructed
or the use of existing structures that are required to bypass water past any structure that
physically sweeps the river.
The applicant should be aware that unless any storm water detention structure, can meet
the requirements of a "storm water detention and infiltration facility" as defined in Section
37-92-602(8), C.R.S., the structure may be subject to administration by this office. The
applicant should review the Division of Water Resources Administrative Statement
Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire
Facilities in Colorado, available on our website, to ensure that the notification,
construction and operation of the proposed structure meets statutory and administrative
requirements. The applicant is encouraged to use Colorado Stormwater Detention and
Infiltration Facility Notification Portal, located at
https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification
requirements.
Should you or the applicant have any questions, please contact Ailis Thyne at (303) 866-
3581 x8216.
Sincerely,
Aitit
Joanna Williams, P.E.
Water Resource Engineer
JMW/aat
Cc: Subdivision File 23205
Todd Creek Village Metro District File
Permit file 161587
February 4.2020
Ms. Angela Snyder
Weld County Planning Department
1555 N 17th Ave
Greeley, CO 80631
RE: Withdrawal of Applications for PUDZ 18-0006 and MET 19-0003
Dear Angela,
After careful consideration, we have decided to withdraw our applications for change of zone
PUDZ18-0006, and the service plan and district formation for MET19-0003. Please notify the
Clerk of the Board and any other county agencies of our decision. At this time we do plan on re-
submitting the applications once we have had enough time to re-evaluate and resolve any of the
outstanding issues. Thanks for your assistance with this project.
Sincerely,
Peter Martz
ALF Todd Creek Village North LLC
AUSMUS LAW FIRM, P.C.
6020 Greenwood Plaza Blvd., Suite 100
Greenwood Village, CO 80111
Telephone: 303-694-4248
Telefax: 303-694-4956
E-mail: andy(arausmuslaw. com
J. Andrew Ausmus
Adam R. Ausmus
Of Counsel
Christy K. Ausmus
Tricia McCarthy
October 19, 2020
Mr. Bob Choate, esq.
Weld County Attorney
1555 N. 17th Avenue
Greeley, CO 80631
Re: City of Ft. Lupton Reply regarding Todd Creek Metro Dist.
Case No. MET 19-0003
Dear Bob:
To reiterate, Fort Lupton's obligation to provide sewer services is contingent upon
conditions that currently do not exist under paragraph I (A) of the IGA. The City is not waiving
those conditions and therefore specifically reserves all rights under the current IGA.
With that said, the City of Fort Lupton has had very productive meetings with District
representatives and are working diligently towards a mutually acceptable amendment to the
current IGA. While the City reserves all rights it has under the existing IGA, the City of Fort
Lupton does not want to be an impediment to Weld County's review of the pending application.
Please do not hesitate to contact me with any questions.
Sincerely,
AUSMUS LAW FIRM, P.C.
J. Andrew Ausmus
Cc: City Administrator
City Planner
City Engineer
TODD CREEK VILLAGE METROPOLITAN DISTRICT
10450 E. 159th Court
Brighton, CO 80602
Tel: 303-637-0344
vvvwv.toddcreekvillage.org
toddcreek�toddcreekvillage.org
Revised - October 21, 2020
ALF Todd Creek Village North
Peter Martz - ,pmartzlrg@,comcast.net
PO BOX 50223
Colorado Springs, Co 80949
RE: Sewer Service Will -Serve Commitment for Proposed Development
Property in Weld County, Colorado, Township 1 North, Range 67 West,
Section 35
Dear Mr. Martz:
Please be advised that as requested by you on behalf of the Applicant, the Todd
Creek Village Metropolitan District (the "District") will serve the proposed
development property (the "Property") as described on ("Exhibit A") with sanitary
sewer service upon compliance with the terms and conditions outlined in this
letter.
The Property is within the District's authorized Service Area. This Service Area
has an approved 208 Plan for sanitary sewer treatment issued by the North Front
Range Water Quality Authority and any service provided to the Property will be
done in accordance with this 208 Plan.
The City of Fort Lupton (the "City") entered into an Intergovernmental Agreement
("IGA") with the District on August 9, 2006. Under the terms and conditions of
the IGA, the City agreed to provide sewer treatment services to the District's
Service Area and acknowledged that it had both unused sewer treatment
capacity and the legal and technical ability to seek expansion to its existing
treatment facility to provide said service.
In order to receive service from the District, the Applicant will be required to
negotiate and enter into with the District a Service and Tap Purchase Agreement
that further details the terms and conditions upon which service will be provided
to the Property. The District and ALF Equinox Todd Creek Village North, LLC
entered into that certain Water and Sewer Service Agreement (ALF Equinox) on
September 17, 2008 (the "ALF Service Agreement") whereby the Parties
established certain terms and conditions related to servicing the Property.
Subsequent to the execution of the ALF Service Agreement, the Parties engaged
in litigation in Weld County District Court under Case No. 2013 CV 30665. The
Court issued an Order After Trial (the "Order") regarding the effect of the ALF
Service Agreement. Any Service and Tap Purchase Agreement entered into
subsequent to this Letter shall comply, in its entirety, with the terms of that ALF
Service Agreement as well as the Order. To the extent there is any conflict
between this Letter or a subsequent Service and Tap Purchase Agreement and
the ALF Service Agreement or the Order, the ALF Service Agreement and the
Order shall control.
Once the Applicant has entered into a Service and Tap Purchase Agreement
with the District, The District will then be responsible for either establishing a
connection to the City, in accordance with the terms of the IGA. The District will
also be responsible for all costs associated with completing the infrastructure
and/or capacity expansions needed to complete such connection. The District
will work with the Applicant to complete the overall design of the infrastructure
necessary to make such connection and the District will be responsible for
securing and providing all easements in which the connection will be constructed.
It is understood that the Applicant may rely upon a special district to satisfy some
or all of the conditions precedent to receiving service. To the extent that a
special district will be created within the District's service area to assist the
Applicant with obtaining service, the District shall be permitted to review a draft of
the service plan associated with the proposed special district, prior to submittal to
Weld County, and the service plan must include the requirement of the ALF
Service Agreement that the proposed special district, following organization,
enter into an intergovernmental agreement with the District.
We appreciate the opportunity to provide the Property with sanitary sewer service
in the future. Should you have any questions or need additional information,
please contact us at your earliest convenience.
Sincerely,
R ised - October 21, 20
Don Summers, General Manager & Vice President
Todd Creek Village Metropolitan District
EXHIBIT
Pu%wzi; - 66O b
HI -LAND ACRES
WATER AND SANITATION DISTRICT
POST OFFICE BOX 2 1 8
BRIGHTON. COLORADO 30601
W W W. H I L A N D A C R E S W A T E R. O R G
October 19, 2020
Mr. Peter Martz
ALF Todd Creek Village North, LLC
PO Box 50223
Colorado Springs, CO 80949
Subject: "Will Serve" Letter for Sewer Service for Dry Creek North - Phase 1
Dear Mr. Martz:
The Hi -Land Acres Water & Sanitation District (the "District") has reviewed your request for sewer
service to the Dry Creek North — Phase I Planned Unit Development consisting of 300 dwelling units. The
District has an existing sewer system which connects into the Metro Reclamation District's North
Wastewater Plant. The District does have additional capacity in our system and can provide wastewater
service to the Dry Creek North Phase 1 PUD as proposed. Any and all costs associated with the sewer
main extension to the District main, acquisition of right of way and/or easements, administrative and
permitting costs, will be the responsibility of the developer of the PUD property.
Additionally, this letter is non -transferable.
If you have any question, please contact myself or the District Engineer, Xuehua Bai, PE, at (720) 474-
0941 (cell), or email at xbainbai-eng.com.
Sincerely,
Jim Roos, President
Treasurer
Cc: Xuehua Bai, District Engineer
Fred H. Brinkerhoff, Jim Roos, President
(pr,)
500
500
1000 Feet
CURRENT
FLOW[MGD]
AADF
0 035
MDF
0 052
PHF
0 175
BUILD -OUT I
FLOW[MGD]
AADF
0 088
MDF
0 25
PHF
0 44
Legend
O Hi -Land Acres SA (In -District)
Q Hi -Land Acres SA (Out -of -District)
Todd Creek Interceptor
Major Highway
Secondary Road
Residential Road
• Manholes
Wastewater Pipes
Hi -Land Acres Sewer Service Boundary Map
Adams County, Colorado
DRAFT
DATA SOURCES
Aerial Photography: National Agricultural Imagery Program (NAIP) 2015
Transportation: Open Street Map (January 2018)
Hydrology: National Hydrography Dataset
Wastewater Lines, Manholes, and Service Area Boundaries: Provided by client
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