HomeMy WebLinkAbout20194148.tiff MEMORANDUM
TO: Tom Parko, Director of Planning August 2, 2019
r-a j l FROM: Don Warden, Director of Finance and Administration
• SUBJECT: Review of Platte River Metropolitan District
In response to your referral concerning the service plan for the Platte River Metropolitan District I
have the following to offer as it relates to the financial plan of the service plan primarily to finance
public improvements with a debt limit of$200,000,000.
The financial plan submitted to justify the Total Debt Issuance Limit in the service plan for
$200,000,000 is adequate. The financial plan was prepared by RBC Capital Markets, which are
recognized experts in this financial area. Statements of significant assumptions seem
reasonable and the pro-forma financial plan prepared seems realistic and feasible, assuming the
build out of the district takes place as projected. No opinion is stated as to whether the build out
is realistic and feasible given the market conditions in the timeframe stated.
The financial plan calls for the Platte River Metropolitan District to have a maximum of 55 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 7.2% to allow a maximum debt mill levy of 55.277.
As proposed the financial plan has a reasonable debt mill levy and a reasonable debt tax burden
on all residential and commercial properties within the District(development).
The service plan calls for a maximum of 30 years for the length of bond debt, which conforms to
the county's metro district policy (County Code Section 2-14-30 B.) of a maximum of 30 years for
the length of bond debt. The financial plan shows a 20-year financing term. The district can
issue new debt with 15 years from the date of the district's first debt authorization election. Upon
written notice to the county, the district may issue debt after 15 years in order to provide service
provided in the service plan if development phasing is of a duration that makes it impractical to
issue all debt within the 15-year period.
The financial plan shows a 20-year financing term. The financial plan does note that if there is
significant amount of assessed valuation generated from oil/gas properties the financial term will
be shortened to ten years.
Th 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 7.2% to allow a maximum
debt mill levy of 55.277, plus 10 mills for operations and maintenance functions or 65.277 mills.
The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado
Funds other funds available from or through governmental or nonprofit entities for which the
county is eligible to apply, except pursuant to an intergovernmental agreement with the County.
The information presented regarding the statements of significant assumptions seem
reasonable and the pro-forma financial plan prepared seems realistic and feasible, assuming the
build out of the districts takes place as projected. 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$200,000,000, 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.
TO: Board of County Commissioners
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FROM: Bob Choate, Assistant County Attorney
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�� � DATE: September 17, 2019
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SUBJECT: Updated Review of Platte River Metropolitan District
This mcmorandum updates my previous rcvicw of thc Platte River Metropolitan District service plan, datcd August 15,
2019. Since that timc,the applicant has submitted additional material to address thc concerns stated in my prior review,
and additional information has become available from referral agencies and public comment.
ORIGINAL RECOMMENDATION
My original recommendation for disapproval was based upon two concerns. First,the submitted application did not contain
multiple items required by the Weld County Codc and relevant State statute. Specifically:
• The service plan dots not contain any engineering or architectural survey showing how the proposed services arc
to be provided, as required by C.R.S. §32-1-202(2)(c).
• The service plan does not contain a general description of the facilities to be constructed, nor how such facilities
arc compatible with County standards, as required by C.R.S. §32-1-202(2)(e).
• The service plan docs not contain a general description of thc estimated costs of these services,as required by C.R.S.
§32-1-202(2)(f).
• While the service plan includes a general description of thc Primary Infrastructure Plan (PIP), thc PIP does not
include any maps nor any description of the public improvements proposed to be built as required by C.R.S. §32-
1-202(2)(i) and Scction 2-14-20(L).
Second, my original recommendation for disapproval was based upon the service plan's reliance on tax funds from
underlying mineral interest owners(primarily oil and gas)who would receive little to no services from the proposed district.
NEW SUBMITTALS FROM THE APPLICANT
On September 12,2019,the applicant submitted a five-page report by Brad L. Hagen,P.E., of Civil Resources LLC,titled
"Platte River Metropolitan District Infrastructure Projects", and some supporting cnginccring design drawings. The report
begins as follows: "Platte River Metropolitan District("PRMD") intends to construct a series of infrastructure projects
including conveyance infrastructure,water storage facilities and recharge sites to product a reliable watcr rights program
to support Front Range development and the associated increase in water demands."The report then outlines four
proposed projects:
1) Section 25 Reservoir—This proposed reservoir would be constructed across most all of S25,T5N,R63 W, a
parcel which is outside of the initial district boundaries and is owncd by 70 Ranch LLC. A diagram of thc
proposed reservoir can be found in the Board's records at document number 20194146 at page 102. The reservoir
would be filled by the Riverside Canal and stored watcr would be delivered back to thc South Platte by pump
station and a series of pipes.
2) Milliken Diversion and Return Structure—This proposed diversion structure (located in S26,T4N,R67W, owned
by the United Milliken Reservoir LLC) would divert water from the South Platte River north to help fill the
"North Cell". An engineering diagram of the structure is found in the Board's records at document number
20194146 at page 99.
3) Drouhard Recharge Facility—The Drouhard Recharge facility would be located a few miles cast of the Milliken
Diversion and Return Structurc (S30,T4N,R66W, owned by Red Tierra Equities LLC), and would be connected
to it by pipeline. An overlay diagram of this proposed facility is found in the Board's records at document number
20194146 at page 98.
4) 70 Ranch Recharge—The fourth facility is described in full: "Large portions of 70 Ranch north of Riverside
Canal are sand hills with large valleys that could be used to recharge watcr and create accretion credits. These
arc as were evaluated and included in numerous recharge ponds with varying accrction times and rctiming wells
for control of the system."
Bascd on the updated documents and reports submitted by thc applicant,I believe that thc application includes all of the
minimum rcquircments set out by thc Wcld County Codc and relevant Statc statutes.
REFERRALS AND PUBLIC COMMENTS
1) Referral by North Wcld County Water District(NWCWD)
In her Septcmber 4,2019 referral (20194148,p. 11),NWCWD District Manager Leann Koons outlines thrcc statutory
rcquircmcnts that must be mct before the Platte Rivcr Metropolitan District Service Plan can be approved. Importantly,
Ms. Koons indicates that NWCWD docs not intcnd to consent to overlapping service areas as would be rcquired by of
C.R.S. §32-1-107(3)(b)(IV).
Upon initial review, it appears that some of the proposed"inclusion arca" as defined in the Service Plan would overlap
NWCWD's service arca. In ordcr to mcct this statutory requirement,the Board should require thc Scrvice Plan to be
amended to remove any property from thc inclusion area that is already within NWCWD's service arca.
2) Public Commcnt by Oil and Gas Produccrs
In a letter datcd September 12, 2019(20194149 page 1), attorney Kirk Mucllcr,David Graham& Stubbs, on behalf of
Bonanza Creek Energy Inc. and HighPoint Resources Corporation(fka Bill Barrett Corporation), objects to the creation of
thc proposcd district. Mr. Muellcr outlines four specific concerns:
First,the mincral intcrest owners did not rcccivc notice of the Board's hcaring on thc proposcd service plan,because the
notice only describes the directorate parccl (aka,the starting parcel), and docs not includc noticc of thc "inclusion area",
which would affcct the mincral intcrest holders on 70 Ranch. Second,the application dots not describe what services will
be provided as rcquired by statute. Third,the proposcd mil levy(50 mils) is too high. Fourth, "thc plans contemplate
cxportation of services (water,by way of example)produced and paid for by ad valorem taxes levied in Wcld County to
locations outside thc county."
Upon rcvicw I find that thc notice of this application meets the statutory requirements. However, it is accurate that mineral
intcrcst owners within the proposed inclusion area could be taxed without their approval or without furthcr approval by
thc Board of County Commissioncrs.
CONCLUSION
The application now mccts thc minimum requircments for approval by thc Board of County Commissioners. Howcvcr,
thc proposcd facilities still rely upon tax revenue from mincral intcrcst holders that do not havc the right to votc on their
inclusion into the district, and that would receive little to no benefit from the proposcd services.
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
-1/ DATE: August 15, 2019
V coUNTY �
SUBJECT: Review of Platte River Metropolitan District
I have reviewed the proposed service plan for the Platte River Metropolitan District, which is scheduled to be considered
on August 20,2019 by the Planning Commission, and thcn on September 18,2019 by the Board of County Commissioners.
Thc service plan is governed by the Special District Act, C.R.S. §32-1-101 et. seq., as well as Chapter 2, Article 14 of the
Weld County Code.
SUMMARY
This mcmorandum enumerates thc items required to be included in all special district service plans by State statute and the
Weld County Code, and describes multiple items that this proposed service plan has failed to include. It also describes the
criteria that the applicant is required to demonstrate, and additional criteria that the Board may consider. Based upon the
following analysis, 1 recommend the Board disapprove the service plan, for two primary reasons: 1) the proposed service
plan does not include all items required by statute and County codc, and 2) thc proposed financial plan relies heavily on tax
revenue from oil and gas owners that do not have thc right to vote for or against the crcation of thc district and who will not
receive any primary benefits from it.
ITEMS THAT ARE REQUIRED TO BE INCLUDED IN THE SERVICE PLAN
Pursuant to C.R.S. §32-1-202(2), thc service plan is required to contain the following:
(a)A description of the proposed services;
Section 1.A. of the service plan describes the intent to"provide water on a`wholesale'basis to other governments or entities
that provide water to individual users".
(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,-
The financial plan is provided in section VI of thc service plan,beginning on page 7. Weld County Director of Finance and
Administration Don Warden has reviewed thc financial plan for the district in his referral response dated August 2, 2019.
He concludes that"The information presented regarding thc statements of significant assumptions seem reasonable and the
pro-forma financial plan prepared seems realistic and feasible, assuming the build out of the districts takes place as
projected."He further states that he has "no objections in approval of the service plan".
(c)A preliminary engineering or architectural survey showing how the proposed services are to he provided,
Thc service plan does not contain any engineering or architectural survey showing how the proposed services arc 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;
Exhibit C-1 shows thc "Initial District Boundary Map",which is comprised of a single lot, approximately 54 acrcs in size.
Exhibit C-2 shows thc "Inclusion District Boundary Map",which is comprised of approximately 16,481 acres of land.This
map is defined to include "the property proposed for inclusion within thc District (if any) in thc future." Section IV of thc
service plan provides: "The current valuation of the Service Arca is assumed to be $887,060 for purposes of this Service
Plan." It appears that this figure is tied solely to the 54 acrc parcel which is shown in Exhibit C-1. (Scc parcel numbcr
147115400002).
(c) 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);
The service plan does not contain a general description of the facilities to be constructed, nor how such facilities are
compatible with County standards.
(f)A general description of the cstimatcd cost of acquiring land, engineering services,legal services, administrative
services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other
major expenses related to the organization and initial operation of the district;
The service plan dots not contain a general description of the cstimatcd costs of these services.
(g) A description of any arrangement or proposed agreement with any political subdivision for the performance of
any services bctwccn 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;
The service plan dots not contain any indication that an arrangement or proposed agreement with a political subdivision
has been reached.
ADDITIONAL REQUIREMENTS OF THE SERVICE PLAN
In accordance with C.R.S. §32-1-202(2)(i) and Section 2-14-20 of the Weld County Code, the service plan is also required
to contain the following:
C. 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 he approved in the
Service Plan.
The powers of the District arc provided in section V., subsection A. of the service plan. The scrvicc plan authorizes the
district to take any action authorized by law,with specific limitations. Generally,the District(1) is required to comply with
all jurisdictional construction standards,(2)must comply with specified limitations on the issuance of debt, (3) is precluded
from including property into the boundaries of the district if not otherwise identified in its service area, (4) is precluded
from applying for certain moneys for which it would be a competitor to the County, and(5)is precluded from consolidating
with other special districts without the County's written consent.
D. Any Intergovernmental Agreement which is required, or known at the time of formation of the District to likely
he required, to fulfill the purposes of the District, must he 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)(h), C.R.S.
The service plan dots not describe any intergovernmental agreements that are required or known at the time of formation.
Section IX of the service plan contains the limitations on intergovernmental agreements rcquircd by the County Code.
E. The Service Plan shall include the description of any planned inclusion into, or exclusion ofproperty 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 V.A.4 of the scrvicc plan contains these limitations. Exhibit C-2 contains the "Inclusion District Boundary Map",
which is defined to include "the property proposed for inclusion within the District(if any) in the future."
F. 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.
Thc service plan does not describe any extraterritorial service agreements that are required or known at thc time of formation.
Section IX of the service plan contains the limitations on extraterritorial service agreements required by the County Code.
G. 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 he 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 V.A.9. of the service plan limits the District's use of eminent domain as required by the County Code.
H. 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'). Although
the District's operations and maintenance mill levy may exceed fi fteen (15)mills as part of the Aggregate Mill Levy
Cap, the debt service mill levy may not exceed the Debt Service Mill Levy Cap. The Debt Service Mill Levy Cap
and the Aggregate Mill Levy Cap shall he adjustable from the base year of 2006,-provided, however, that in the
event the method of calculating assessed valuation is changed after the base year of 2006, the mill levy limitation
applicable to such debt may he increased or decreased to reflect such changes, such increases or decreases to he
determined by the District Board in good faith (such determination to he binding and final), so that to the extent
possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a
result of such changes.For purposes of thefbregoing, a change in the ratio of actual valuation to assessed valuation
shall he deemed to he a change in the method of calculating assessed valuation.
Thc financial plan is provided in section VI of thc service plan,beginning on page 7. Weld County Director of Finance and
Administration Don Warden has reviewed thc financial plan for the district in his referral response dated August 2, 2019.
Mr. Warden's referral indicates that thc service plan meets these limitations.
1. The Service Plan shall include financial projections prepared by an investment banking firm or financial advisor
qualified to make such projections. Said firm shall he listed in the Bond Buyers Marketplace as a provider of
financial projections.
Thc financial plan is provided in section VI of thc service plan,beginning on page 7. Weld County Director of Finance and
Administration Don Warden has reviewed thc financial plan for the district in his rcfcrral response dated August 2, 2019.
Mr. Warden's referral indicates that thc service plan meets these limitations.
J. The Service Plan shall require that, thirty(30) days prior to an election thereon, proposed ballot questions for a
formation election, debt authorization or dc-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 VI.1 of the service plan, Elections, includes this required language.
K.If; after the Service Plan is approved, the State Legislature includes additional powers or grants new or broader
powers for Special Districts by amendment of Section 32-1-1001 et seq., C.R.S., no such powers shall he available
to or exercised by an existing District unless the District publishes forty five-day notice and provides written notice
to the County pursuant to Section 32-1-207(3)(b), C.R.S. If; within forty five (45) days of the publication of such
notice, the County expresses to the District a written objection to the proposed action, then the proposed action
shall he considered a material modification of the Service Plan and shall he resolved only in accordance with
Section 31-1-207(2), C.R.S.
Section V.A. of the service plan includes these required limitations.
L. Every Service Plan shall include, in addition to all materials,plans and reports required by the Act, a Primary
Infrastructure Plan ("PIP') as defined in the Model Service Plan. This PIP shall include, at a minimum, a map or
maps (24"x .36'7 providing an illustration of public improvements proposed to he built, acquired or financed by
the District, along with a written narrative and description of those items and a general description of the District's
proposed role with regard to the same.
Thc service plan contains a general description of the Primary Infrastructure Plan(PIP) in section V.B.The PIP is described
in detail in Exhibit D. The PIP does not include any maps nor any description of the public improvements proposed to be
built. The proposed PIP only provides general cost estimates for facilities which arc likely to bc constructed by thc District.
Pursuant to Section 2-14-50 of thc Weld County Code, thc service plan is required to include provisions related to
thc dissolution of thc district:
The Service Plan shall provide for the dissolution of the District after the District.s debts and financial obligations
are fully defeased and the District has completed all opts operations and maintenance responsibilities.A District
with long-term, ongoing operations and maintenance will not he 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 he required to dissolve.
Dissolution of the District is described in section VIII of thc service plan. The terms of section VIII comply with these
requirements.
ACTIONS THE BOARD MAY TAKE ON REVIEW OF THE SERVICE PLAN
Pursuant to C.R.S. §32-1-203(1), thc Board of County Commissioners has thc following authority:
(a) To approve without condition or modification thc service plan submitted;
(b)To disapprove the service plan submitted;
(c) To conditionally approve thc service plan subject to thc submission of additional information relating to or the
modification of the proposed service plan.
CRITERIA FOR APPROVAL OR DISAPPROVAL OF THE SERVICE PLAN
REQUIRED CRITERIA. Pursuant to C.R.S. §32-1-203(2), thc applicant is required to show evidence of ALL of the
following criteria.
(a) Thcrc is sufficient existing and projected need for organized service in the area to bc serviced by the proposed
special district.
(b) The existing service in the arca to be served by the proposed special district is inadequate for present and
projected needs.
(c) Thc proposed special district is capable of providing economical and sufficient service to the arca within its
proposed boundaries.
(d) The arca to be included in the proposed special district has, or will have, the financial ability to discharge the
proposed indebtedness on a reasonable basis.
OPTIONAL CRITERIA. Pursuant to C.R.S. §32-1-203(2.5) and Scction 24-10.B of thc Weld County Codc,thc Board may
exercise discretion to disapprove the service plan if the applicant has not shown evidence of the following:
(a) Adequate service is not, or will not be, available to thc area through thc county or othcr 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 arc 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 arca.
(c) The creation of the proposed special district will be in the best interests of the arca proposed to be served.
RECOMMENDATION
While the service plan generally follows the model service plan found in Weld County Code Appendix 2-C, there arc
multiple required items which are not included. Specifically:
• The service plan does not contain any engineering or architectural survey showing how the proposed services arc
to be provided, as required by C.R.S. §32-1-202(2)(c).
• The service plan does not contain a general description of the facilities to be constructed, nor how such facilities
arc compatible with County standards, as required by C.R.S. §32-1-202(2)(e).
• The service plan does not contain a general description of the estimated costs of these services,as required by C.R.S.
§32-1-202(2)(f).
• While the service plan includes a general description of the Primary Infrastructure Plan (PIP), the PIP does not
include any maps nor any description of the public improvements proposed to be built as required by C.R.S. §32-
1-202(2)(i) and Section 2-14-20(L).
Further, as noted in Weld County Director of Finance and Administration Don Warden's referral response, the financial
plan for this special district relies heavily on tax revenue from the underlying mineral interest owners (primarily oil and
gas). Per Colorado law, these mineral interest owners arc not required to approve the inclusion of their property into the
district, but arc taxed nonetheless. It does not appear that the mineral interest owners will receive more than an ancillary
benefit from the services provided by the proposed district. Additionally, whether a special district has the authority to
collect taxes assessed against mineral interest holders is an issue currently being considered by the Colorado Supreme Court.
Based on the analysis above and for the reasons stated here, I rccommcnd you disapprove the proposed service plan.
Alternatively, should you decide to approve it, I suggest you condition the approval to require the applicant to amend the
service plan to address the enumerated items above, as permitted by C.R.S. §32-1-203(1)(c).
'°kJ "W'' ' WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
[VT. �`
u 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
coNTY --
Memorandum
To: Tom Parko Jr.
From: Lauren Light, Environmental Health Services
Date: August 9, 2019
Re: MET19-0002 70 Ranch LLC, c/o Platte River Metropolitan District
Environmental Health Services has reviewed the proposed Metropolitan District
application. The purpose of the Metro District is to finance the construction of public
improvements and to provide water on a wholesale basis to other governments or
entities that provide water to individual users; and, to provide ongoing maintenance of
the public improvements.
Environmental Health Services cannot address the formation or financial aspect of the
proposed District. However, Environmental Health Services will provide comments in
the future regarding land use items.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning &Response
lot:9/U 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-.304-6470 Tele:970-304-6470
Fax: 9/0-:301-64 I2 Fax: 9/0-304-64 I6 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6462 Public Health
Submit by Email
au Weld County Referral
. C Hr a=..
July 30,2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: 70 RANCH LLC,CIO PLATTE RIVER Case Number: MET19-0002
METROPOLITAN DISTRICT
Please Reply By: August 16, 2419 Planner:Tom Parko Jr.
Project:The purpose of the Metro District is to finance the construction of public improvements and to
provide water on a wholesale basis to other governments or entities that provide water to individual
users;and, to provide ongoing maintenance of the public improvements.
Location:The initial boundary is generally located near County Road 31 and County Road 8 and is
approximately 102 acres.The inclusive boundary is generally situated within the 70 Ranch, bounded by
CR 61 to the west; CR 81 to the east;CR 58.5 to the north and Highway 34 to the south. Inclusive
boundary is approx. 16,427 acres.
Parcel Number: Multiple Parcels
Legal: Part of SECTION 28,T6N, R64W; PART OF SECTION 36,T5N, R64W; PART OF SECTIONS 3,
15, 17, 18, 19,20, 21,29, 31,33,T5N, R62W; PART OF SECTIONS 3, 7,T4N, R62W; PART OF
SECTIONS 1, 3, 10,T4N, R63W; PART OF SECTIONS 22, 27, 13, 17, 20,21,22, 23, 24,25, 27, 31,
33, 34,35, 36, 23,T5N, R63W of the 6th P.M.,Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
OWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
EI
See attached letter.
8/16/19
Signature Date
Agency Central Weld County Water District
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)400-6100 (970)304-6498 fax
CrWe
CENTRAL WELD COUNTY WATER DISTRICT
August 16, 2019
Tom Parko Jr.
Weld County
Department of Planning Services
Dear Mr. Parko,
Thank you for referring projects MET19-0001 and MET19-0002 to Central Weld County Water District
(CWCWD) for review. Please note that some of the parcels identified in exhibit C-2 of both of the
service plan applications are already included in Central Weld's tax area.The Platte River Metropolitan
District application indicates that the purpose and intent include providing water on a"wholesale"basis
to other governments or entities that provide water to individual users. We feel that the service plans
lack enough additional detail for our office to make a determination that approval of the Metro Districts
will not be in conflict with our interests. We would appreciate an opportunity to address our concerns
with the applicant,and request that, at minimum,the County require modification to the language of the
service plans that indicates that the Metro Districts are not authorized to provide domestic water service
in any area petitioned into CWCWD. CWCWD will not consent to any overlapping special district
pursuant to CRS 32-1-107.
If you should need anything further,please contact the District.
Thank you,
V ti�r�
Kathy Naibauer
Central Weld County Water District
970-352-1284
kathy'ce'cwcwd.com
2235 2"d Avenue• Greeley, Colorado 8063I • Phone(970) 352-1284 • Fax(970)353-5865
Submit by Email
Weld County Referral
July 30, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: 70 RANCH LLC, CIO PLATTE RIVER Case Number: MET19-0002
METROPOLITAN DISTRICT
Please Reply By: August 16, 2019 Planner: Tom Parko Jr.
Project:The purpose of the Metro District is to finance the construction of public improvements and to
provide water on a wholesale basis to other governments or entities that provide water to individual
users; and, to provide ongoing maintenance of the public improvements.
Location:The initial boundary is generally located near County Road 31 and County Road 8 and is
approximately 102 acres. The inclusive boundary is generally situated within the 70 Ranch, bounded by
CR 61 to the west; CR 81 to the east; CR 58.5 to the north and Highway 34 to the south. Inclusive
boundary is approx. 16,427 acres.
Parcel Number: Multiple Parcels
Legal: Part of SECTION 28, T6N, R64W; PART OF SECTION 36, T5N, R64W; PART OF SECTIONS 3,
15, 17, 18, 19, 20, 21, 29, 31, 33, T5N, R62W; PART OF SECTIONS 3, 7, T4N, R62W; PART OF
SECTIONS 1, 3, 10, T4N, R63W; PART OF SECTIONS 22, 27, 13, 17, 20, 21, 22, 23, 24, 25, 27, 31,
33, 34, 35, 36, 23, T5N, R63W of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
[] We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
[] We have reviewed the request and find no conflicts with our interests.
I r See attached letter.
Signature c 21_! t `kcrertu. Date 09/12/2019
Agency North Weld County Water District
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
NORTH WELD COUNTY WATER DISTRICT
\'\\,,t;;\ 32825 CR 39 • LUCERNE, CO 80646
I I
c� P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
Yvf,re ° WWW.NWCWD.ORG • EMAIL:WATERPNWCWD.ORG
September 4, 2019
Weld County Planning Department
Attention: Tom Parko Jr.
1555 N. 17th Avenue
Greeley, CO 80631
Re: Weld County Referral
Applicant: 70 Ranch LLC, clo
Platte River Metropolitan District
Case No.: MET 19-0002
Dear Mr. Parko:
This letter is a follow up to the initial response by North Weld County Water District
("North Weld") for referral comments regarding the above matter.
The proposed Service Plan for the Platte River Metropolitan District("Metropolitan
District") states that the Metropolitan District will provide water on a wholesale basis to
governments or entities that provide water to individual users. Our review of the
Metropolitan District service area reveals that the boundaries of the proposed Metropolitan
District will overlap existing boundaries of North Weld.
As you know, C.R.S. 32-1-107 states that no special district may be organized
wholly or partly within an existing special district providing the same service unless certain
conditions are met, including the following:
1, The Metropolitan District Service Plan is approved by the Weld County
Commissioners; and
2. The improvements or facilities of the Metropolitan District will not duplicate
or interfere with improvements or facilities already constructed or planned to be
constructed by North Weld within the overlapping area; and
NORTH WELD COUNTY WATER DISTRICT
iZi ( ) ! ' 32825 CR 39 • LUCERNE, CO 80646
• )
P.O.
ham P.O. BOX 56 • BUS:970-356-3020 • FAX: 970-395-0997
w ' WWW.NWCWD.ORG • EMAIL: WATER@NWCWD.ORG
3. The Board of Directors of North Weld must consent to the Metropolitan
District providing the same service in the overlapping area.
Because the Metropolitan District is proposing to provide the same water service as
is provided by North Weld within the overlapping area.North Weld would request that the
County require modification of the Service Plan so that the Metropolitan District will not
be authorized to provide potable or non-potable water service in any area included within
the boundaries of North Weld.
At this time, North Weld does not intend to consent to the provision of potable or
non-potable water service by the Metropolitan District within the overlapping boundary
area,
If additional information or comments are required, please feel free to contact me.
Thank you.
Sincere
District Manager
Submit by Email
:�r ...'41
, •
Weld County Referral.. .trEi.. ; ,.1,rie
July 30, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: 70 RANCH LLC, CIO PLATTE RIVER Case Number: MET19-0002
METROPOLITAN DISTRICT
Please Reply By: August 16, 2019 Planner:Tom Parko Jr.
Project:The purpose of the Metro District is to finance the construction of public improvements and to
provide water on a wholesale basis to other governments or entities that provide water to individual
users; and, to provide ongoing maintenance of the public improvements.
Location:The initial boundary is generally located near County Road 31 and County Road 8 and is
approximately 102 acres. The inclusive boundary is generally situated within the 70 Ranch, bounded by
CR 61 to the west; CR 81 to the east; CR 58.5 to the north and Highway 34 to the south. Inclusive
boundary is approx. 16,427 acres.
Parcel Number: Multiple Parcels
Legal: Part of SECTION 28, T6N, R64W; PART OF SECTION 36, T5N, R64W; PART OF SECTIONS 3,
15, 17, 18, 19, 20, 21, 29, 31, 33, T5N, R62W; PART OF SECTIONS 3, 7, T4N, R62W; PART OF
SECTIONS 1, 3, 10, T4N, R63W; PART OF SECTIONS 22, 27, 13, 17, 20, 21, 22, 23, 24, 25, 27, 31,
33, 34, 35, 36, 23, T5N, R63W of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
ITWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
r See attached letter.
Signature 9itV22L ka-LC-cl, Date 08/16/2019
Agency North Weld County Water District
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
NORTH WELD COUNTY WATER DISTRICT
(2:°6(1 32825 CR 39 • LUCERNE, CO 80646
P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
VW.NWCWD.ORG • EMAIL: WATER@NWCWD.ORG
August 16, 2019
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: MET19-0002 Referral Comments from North Weld County Water District (NWCWD)
To Whom It May Concern;
Since some of the parcels contained within this plan are within the boundaries of NWCWD, we request
more information regarding the purpose of the proposed district in order to determine if we have any
conflicts. In particular, please provide more details for the following excerpt from the Conclusion:
5. Adequate service is not, and 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;
Please contact our office if you have any questions or concerns.
Thank you,
Jared Rauch
Inspector/ Field Engineer, NWCWD
jaredr@nwcwd.org
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