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HomeMy WebLinkAbout1.0 ApplicationOW 40/- 4449. !� zh-d 1 Ile a 1 '�-- �y1i�9rrr% - o�' lS� T+��nCt �`/6✓I - /.iG!d� ,�G.2ou.�S-dfi' �7207w✓!1T-"'L, . ._ Z,5�� -- sllilg-5- FA ROBERT DELANEY KENNETH SALCOMB JOHN A. THULSON EDWARD MULMALL. JR. ROBERT C. CUTTER SCOTT M. 9ALCOMS DAVID R. STURGES LAWRENCE R. GREEN SCOTT MCINNIS PAMELA H. PRESCOTT J DELANEY & BALCOMH, P. a ATTORNEYS AT LAW DRAWER 790 GT.S. ooD Sp8 as. COLUBAnp B10o2 February 7;. 1985 Board of County of Commissioners Courthouse 109 8th Street Glenwood Springs, CO 81601 RE: Landis Sanitation District Gentlemen: 918 COLORADO AVENUE 945-9546 TELEPHONE 945-2371 AREA CODE 303 Please find enclosed three (3) copies of Modifi- cation of Service Plan for the proposed Landis Sanitation District. These modifications were the result of a public hearing held by the Planning Commission of Garfield County on February 6, 1985, and as suggested by the proponent of the proposed sanitation district. Please accept the en- closure as an addition to the Service Plan heretofore filed with the Clerk and Recorder of Garfield County which shall be considered by you at your meeting on February 11, 1985. The enclosed modifications shall be deemed for all purposes to have been included in the Service Plan when first sub- mitted. Additional copies have been furnished to the Planning Department for distribution to the Planning Com- mission members and a copy has been furnished to the Clerk and Recorder. Very truly yours, DELANEY & BALCOMB, P.C. By �L�✓ Jiohn A. Thulson Attorneys for Spring Valley Hold- ing, Ltd. Proponent of the Landis Sanitation District MODIFICATION OF SERVICE PLAN FOR THE PROPOSED LANDIS SANITATION DISTRICT The following are hereby submitted as modifica- tions of the Service Plan of the proposed Landis Sanitation District pursuant to action taken by the Garfield County Planning Commission at a special meeting held by it on February 6, 1985, and as suggested by the proponent of the said proposed district. The modifications are: (1) All general obligation bonds issued to carry out the construction of the facilities for Phase I of the project shall be secured by an irrevocable letter of credit issued by a United States domestic banking institution federally chartered under United States banking regulations for the total amount of all bonds issued, together with an amount sufficient to repay no less than seven (7) months' accrued interest on the bonds so issued. (2) All general obligation bonds issued for the construction of facilities in all subsequent Phases shall be issued only through a reputable bonding firm. (3) The following shall pertain to the sewage treatment facilities: (a) The vegetation surrounding the plant shall be maintained at the cost of the District in a good and husband -like manner. (b) The plant shall be located within 250 yards of its presently depicted location unless made un- feasible due to severe engineering constraints. (c) The plant shall be operated in an odor - free manner, such operation to be demonstrated on final plant design. (4) The following additional -matters shall per- tain to annexation of other certain other properties to the District and the furnishing of services by the District to properties not included within the boundaries of the Dis- trict, to -wit: (a) Existing single-family residences in existence on date of the formation of the District but not within the boundaries of the District may contract for services with the District; provided, however, services to be provided shall be specifically spelled out in a contract which shall also require: (i) That the individual property owner pay for all sewage facilities leading to the connection with District facilities, but which facilities shall be con- structed under the supervision and inspection of the District,- (ii) istrict; (ii) That each property owner will pay the prevailing tap fee then being charged to residents of the District; -2- (iii) That each property owner shall pay service charges for operation and maintenance on the same schedule as residents of the District. (iv) That each property owner shall be subject to bylaws, rules and regulations of the District the same as if included in the boundaries of the District; provided, however, they shall not be required to pay ad valorem taxes assessed by the District. (b) Single-family residences in existence on the date of the formation of the District shall not be required to annex into the District; however, they may do so upon petition, review and acceptance. (c) Any residences coming into existence after the formation of the District shall receive service from the District only upon annexation into the District. SPRING VALLEY HOLDING, LTD. LVA Hal Terrell _ \ Agent and Owners' Representative Proponent of the Landis Sanitation District -3- GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING/ ENVIRONMENTAL HEALTH /BUILDING: 945-8212 TO: Steve Zwick, Assistant County Attorney FROM: Mark Bean, Planning Department Director/" DATE: February 8, 1985 RE: Conversation with Robert Flynn, regarding service plan provisions Mr. Flynn made the following general observations about the types of provisions that should be included in a "developer" special district. 1) Any provisions for securing bonds need only deal with the first series, since the "marKet" will take care of any subsequent bonds. 2) The irrevocable letter of credit should be issued to and on behalf of the actual district, with the initial cost being borne by the developer. The IAC should be for a term of at least 5 to 10 years. 3) To cover the concern regarding the raising of the mill levy, he suggested wording be contained in the letter of credit that allowed the District Board of Directors to call on the letter of credit if an "unreasonable" increase in the mill levy is necessary to cover the bonded indebtness. He said the term "unreasonable" is key in that it protects the District, yet allows for arbitration of what is or isn't reasonable when the proposed increase is compared with the prevailing trend in the area. This obviously assumes that the Board of Directors is not controlled by development interests. Whether or not residents of the District could challange this type of decision was unclear to me. 4) He said the proposed IAC to cover the full principal and 7 months interest was reasonable. Overall he said that special districts provide a valid function for the provision of public services and the financing of them. He said we have to evaluate the projections to determine whether or not tney are reasonable. GARFIELD COUNTY COURTHOUSE 109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81601 X m'2 , GIBSON 6 RENO • ARCHITECTS February 4, 1985 Mr. Robert Sternberg; Project Planner Mr. Hal Terrel; Authorized Agent Spring Valley Ranch 4000 115 Road Glenwood Springs, Colorado 81601 RE; LANDIS CREEK SANITATION FACILITY Dear Hal and Bob; Our Preliminary Design for the approximately 12,000 square foot Sanitary Facility is modeled on our Snowmass Sanitation Plant Design; with pre-treatment Digesters, Aeration Basins (2), Filtration, and Administration all enclosed and under roof, with an adjacent 120' x 150' outdoor Polishing Pond. Like Snowmass, it will be a bermed and partly subterranean concrete structure which should include the following features: 1. BERMS: At least 950/6 of the roofs and 80% of the walls would be bermed and irrigated. The berm profile should include a 2" crushed rock base and an 8" minimum top- soil finish layer. 2. VEGETATION: The Berms and surrounding Disturbed Areas should be seeded with a "pasture mix" of nature grasses composed of Crested Wheat (25%), Brome (25%), Perrenial Rye (25%), and Canadian Bluegrass (25%). An irrigation program for the Disturbed Areas should be instituted and continued throughout the first year, and reviewed thereafter to blend with surrounding meadowland growth patterns. 3. TIMING: When the concrete roof deck and waterproofing membrane are in place and inspected, placing of gravel, topsoil, irrigation pipe, and grass seed can proceed and should be completed within thirty days. With a three or four times daily irrigation program, a strong growth of grasses should emerge and take hold, depending upon time of year, in the next thirty days. I look forward to working with you on the realization of this exciting project. Yo Truly, ! David F. Gibson, A.I.A. DFG/fh 418 E. COOPER AVENUE #207 ASPEN, COLORADO a1611 303/9255968 — -12o zv-rte /�� 7 �-- i e,2- AA �.- GS .� ` ... Gi d42 dL�� 71 : �� L-- 2.5 .I`I%'I7/7��n1����(JY%�.... �w. II. PROJECT DESCRIPTION It is being proposed that a special dis rict be formed to provide sewage collection and treatment in the pring Valley area. The formation of the district would result n a quasi -municipal, non-profit corporation, having powers o management, taxation and condemnation. The District would be governed by an elected Board of Directors of five persons. The Landis anitation District facilities would be non -water exporting facilities that would provide cost effective service to the users accordin to the service plan. As presently proposed, the Landis Sanitation District boundaries would initially include approximately 6,060 a res of land owned by Spring Valley Holding, Ltd. The service plan ncludes an approximately 3500 acres of additional land, owned by othef parties, that have expressed an interest in eventually being served y the proposed district. Giving the district a total potential s rvice area of approximately 9600 acres of land. The service plan addresses the more im the Spring Valley Ranch P.U.D. and the following figures represent the approv both projects. Lake Springs Ranch Single Family 194 Multi -Family 16 Spring Valley Ranch Single Family 1150 Multi -Family 1620 Resort Hotel 300 rooms Retail Space 100,000 Sq, fee Office Space 50,000 Sq, fee adiate development potential of ,ake Springs Ranch P.U.D. The 1 P.U.D. development plans of By using the assumption that one dwelling unit with 2.8 persons will generate 250 gallons of wastewater per ay as the equivalent residential unit (EQR). The service pla notes a need for a treatment facility that can .treat 2580 EQR or app oximately 650,000 gallons per day to meet the needs of the previously mentioned developments. The population equivalent of this system is 7,000 persons. To meet the State water quality standards, the applicant analyzed alternative types of treatment facilities with the following objectives in mind; 1. Capable of meeting water qualitX objectives and standards. 2. In conformance with Federal, St to and Local regulations. 3. Compatible with site conditions, social and aesthetic values. 4. Practical, reliable, and easy t6 operate and maintain. 5. Cost effective. Three different systems were analyzed, ith the basic difference being the method of secondary treatment. Ove all, the entire system would have the following components: 1. Pretreatment - the removal of h rd and dense "grit" particles, the screening out or grinding up o larger components in the sewage and the measurement and rec rding of incoming flows. 2. Secondary treatment - the re mov 1 of carbonaceous biochemical demands (BOD) and suspended solids (sludge). - 2 - 0 3. Advanced waste treatment - the water. 4Sludge treatment, storage and disposal of solids (sludge) passi secondary treatment process. As noted previously, the major differ analyzed was the method of secondary secondary treatment analyzed were: 1. Conventional activated sludge 2. Relex (Sequential Batch 3. Rotating Biological Contractor basic disinfection of the waste isposal - the treatment and g through or produced by the ce in any of the systems eatment. The three methods of alternative ST -1). (alternative ST -2). (alternative ST -3). Technically a fourth alternative was ldoked at by the applicant, which was the use of the Spring Valley Sanitalltion District facilities.. This alternative has been ruled out due to he economic feasibility of extending sewage lines to and expanding of the facility and the inconsistency with the overall water resource management goal of the applicant. An analysis of the construction costs and operation and maintenance costs of the three systems was provided. The following costs were identified for an overall system based In the three secondary treatment alternatives: ST -1 S�r-2 ST -3 Construction & :9,300 onstruction $1,729,900 $1,39,400 $2,316,600 Maintenance 104,500 107,300 Based on the monetary costs of each sys em, alternative ST -2 (Rel ex is the least expensive to build and mai tain. The ST -2 alternative ws also determined to be the best system a ailable based on an engineering evaluation. Given the fact that both developments will be developed in a phased manner, it is proposed to develop the f cilities in a phased manner. The following is a summary of the phase : Stage 1 - Facilities for 800 EQR (200,b00 gal/day) at a cost of $450,000. These facilities Till meet the first five Year demand. Stage la- The addition of facilities t� meet initial course irrigation at $150,00, needs of golf Stage 2 - Facilities to increase capac ty to 1800 EQR (450,000 gal/ day) at a cost of $350,000. Projected to meet development demands through Year 10. Stage 3 - Facilities to increase capacity to 2600 EQR (650,000 gal/day) at a cost of $460,0 0. Included in the service plan was an ana ysis of the sewage transmission system and the winter stor ge euse of effluent. The sewage transmision lines are athe nd rmain trunkelinesgto serve the various areas proposed for de elopment. All neighborhood' service lines will be installed and pai for by the neighborhood building developers. The estimated total cost of the main trunk l is $2,186,000, which would be phased over a five year period. ines -3- The service plan notes that the expansion of the existing Spring Valley Sanitation District facilities aerated lagoons is not possible in an economic manner. It would also be necessary to have lift stations and pressure sewer pipelins to get service from the existing facility to the proposed district, according to the service plan. &loth of these reasons are identified as making economically comparable service available as infeasible. One option that has �o ben considered is the expa sin of the existing '� boundaries, but the develoopment of a new treatment` facility similar to what is being proposed and in the same location. 4. The proposed service district is incapable of providing economical and sufficint service to the area within its proposed boundarie The service plan inclu ed an evaluation of various alternative types of t eatment systems, which resulted in the selection of th� least costly to construct and maintain, yet be consistent with the engineering goals established. As proposed, the sewage treatment facility could treat 650,000 galons/day, which converts to 2600. EQR. It is projected hat the Lake Springs Ranch P.U.D. and Spring Vally Ranch P.U.D. would result in 2580 EQR's being utilied. One area, not included in the projected demand, is the potential for "caretaker" units within the DistriIct B, Low Density Residential, Golf Course area of the Spring Valley Ranch P.U.D. It would appear that some consideration of the potential �(S for "caretaker" units should be included in the calculated demand for service, since there are 585 lots that have the option of adding a "caretaker" unit to. the principal dwelling unit. It should be noted that the service plan does rot project any demand for the lands noted as being i the potential service area. It is stated in the servi a plan that properties annexing to the district will bq required to provide trunklines where necessary or share common trunk line costs on a pro -rata basis and pay equitable tap fees. It could be assumed, from the basis annexation policy, that the District will be respo Bible for any treatment facilities expansion as a result of the additional demand. 5. The area to be include in the proposed special district does not have, or will not have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Enclosed is a memo fro the Garfield County Assessor which notes that the assumptions of new base are incorrect, thus the projections for debt service are incorrect. He also st tes that the enclaves within the proposed special distr.ct will create administrative problems for the Count. It should also be note district's debt retire Valley Ranch P.U.D. an developed in phases. Ranch would oe the fir initial increase in th two years. Yet, Lake within the initial dis the proposed District area of the Spring Val require any service fr would seem appropriate P.U.D. in the district of the Spring Valley R that the proposed special ent is based on both Spring Lake Springs Ranch P.U.D. being t is assumed that Lake Springs t to develop and provide the assessed value for the first prings Ranch is not included rict boundaries. Included in oundaries is the Estate Lots ey Ranch P.U.D., which will not m the proposed district. It to include Lake Springs Ranch and exclude the Estate Lots area nch P.U.D. 6. The facility and servic� standards of the proposed special district are in ompatable with the facikity and service standards of adjacent municipalities. 7. While the proposed facilities and service standards are different than the spring Valley Sanitation Districts facility and service standards in some ways, they do not appear to be incompatible. The proposal is not in substantial compliance with 'a master plan adopted pursuant to section 30-28-108, C.R.S. . As noted previously, t Ranch P.U.D. did not d of special districts" a separate statuatory service plan was revie water resource managem separate sewage treatm entity would construct was left open to furth While it was generally that a new facility to the Landis Sanitation not been demonstrated Spring Valley Ranch P. P.U.D. cannot annex in District and build a s enlarged service area consistent with the wa philosophy of the Land proponents. The servi is uneconomical to ext existing treatment fac e approval of the Spring Valley al with the "non-proliferation ecause that issue was subject to eview. The then proposed ed in light of the proposed nt philosophy and the need for. nt plant facilities. What legal own and maintain the facilities r consideration. agreed at the P.U.D. approval ; ated in the area proposed to be istrict, is appropriate. It has n the service plan that the .D. and Lake Springs Ranch o the Spring Valley Sanitation parate facility to serve the n an economical manner and be er resource management s Sanitation District e plan only notes reasons why it nd service lines and expand the lities. The proposal is not inlcompliance with any duly adopted county, regional, or state long range water quality management plan for the area. In 1978, the Colorado L the Colorado West Area (CWACOG). When the CM Associated Governments formed. The associati< authority for waste tri date, the AGNC has had facilities proposed in Quality Control Commis: Plan as their guidance The service plan notes have to be approved by to obtain discharge pe. Control Division prior It cannot be stated at district is, or is not Plan. — 7— Vest Area 208 Plan was adopted by Council of Governments COG was dissolved, the of Northwest Colorado (AGNC) was �n retained the regional >atment planning agency. To a "no comment" position on the area. The State Water .ion has also adopted the 208 for the region. that a site application will the State. They will also have ,mit from the Water Quality to actual plant construction. this time that the proposed in compliance with the 208 PC 2/6/85 PROJECT INFORMATION AND STAFF COMMENTS PROJECT: Landis Sanitation District LOCATION: The proposed district is located in the W 1/2 SW 1/4 and SW 1/4 NW 1/4 Section 14; Section 15; Section 16 except the NE 1/4 NE 1/4; Section 20 except SW 1/4 SW 1/4 and portions of S 1/2 SE 1/4 SW 1/4; Section 21; Section 22; W 1/2 Section 23; W 1/2 Section 26; Section 27; Section 28; E 1/2 and portion W 1/2 Section 29; NE 1/4 NE 1/4 Section 32; a majority of the N 1/2 Section 33; all of the NW 1/4 NW 1/4; more practically described as an area located approximately 3 miles southeast of Glenwood Springs Off of County Road 115. I. RELATIONSHIP TO THE COMPREHENSIVE PLAN On July 2, 1984, the Board of County Commissioners approved the Spring Valley Ranch Planned Unit Development by Resolution No. 84-127. As a Part of the approval of the P.U.D., the Board and Planning Commission made a finding that the proposing zoning was in general compliance with the recommendations set forth in the Comprehensive Plan. Part of that finding was based upon a determination that the policy related to the non-proliferation of special districts was not relevant to the proposed re -zoning. It was determined that in the interest of proper water resource management, a new sewage treatment facility would be appropriate. Whether or not, the new facility would be the basis for a new sanitation district, was not deemed to be a relevant issue, since the Board and Planning Commission would have to review and approve a service plan for a district. Subsequent to the approval of the Spring Valley Ranch P.U.D., the Planning Commission revised the Comprehensive Plan. Contained within the revised plan is the following water and sewer services goal: Ensure the provisions of legal, adequate, dependable and cost effective sewer and water facilities and to encourage new development to locate in proximity to existing sewer and water facilities. The following goal objective and policy are relevant to the issue of special districts: Objective 5. Discourage the unnecessary proliferation of private water and sewer systems and special districts. Policy 5. The County will approve only those private water and sewer systems and/or special districts that meet a specific development need and where the development cannot obtain the same services from an adjacent or nearby system or district in an economically feasible manner. Whether or not a new special district should be formed is still a relevant issue and a finding of substantial compliance with the Comprehensive plan will have to be made by the Board of County Commissioners and Planning Commission according to C.R.S. 32-1-203. II. PROJECT DESCRIPTION It is being proposed that a special district be formed to provide sewage collection and treatment in the Spring Valley area. The formation of the district would result in a quasi -municipal, non-profit corporation, having powers of management, taxation and condemnation. The District would be governed by an elected Board of Directors of five persons. The Landis Sanitation District facilities would be non -water exporting facilities that would provide cost effective service to the users according to the service plan. As presently proposed, the Landis Sanitation District boundaries would initially include approximately 6,060 acres of land owned by Spring Valley Holding, Ltd. The service plan includes an approximately 3500 acres of additional land, owned by other parties, that have expressed an interest in eventually being served by the proposed district. Giving the district a total potential service area of approximately 9600 acres of land. The service plan addresses the the Spring Valley Ranch P.U.D. following figures represent the both projects. Lake Springs Ranch Single Family 194 Multi -Family 16 Spring _Valley Ranch more immediate development potential of and the Lake Springs Ranch P.U.D. The approved P.U.D. development plans of Single Family 1150 Multi -Family 1620 Resort Hotel 300 rooms Retail Space 100,000 Sq. feet Office Space 50,000 Sq. feet By using the assumption that one dwelling unit with 2.8 persons will generate 250 gallons of wastewater per day as the equivalent residential unit (EQR). The service plan notes a need for a treatment facility that can treat 2580 EQR or, approximately 650,000 gallons per day to meet the needs of the previously mentioned developments. The population equivalent of this system is 7,000 persons. To meet the State water quality standards, the applicant analyzed alternative types of treatment facilities with the following objectives in mind: 1. Capable of meeting water quality objectives and standards. 2. In conformance with Federal, State and Local regulations. 3. Compatible with site conditions, social and aesthetic values. 4. Practical, reliable, and easy to operate and maintain. 5. Cost effective. Three different systems were analyzed, with the basic difference beinc_ the method of secondary treatment. Overall, the entire system would have the following components: 1. Pretreatment - the removal of hard and dense "grit" particles, the screening out or grinding up of larger components in the sewage and the measurement and recording of incoming flows. 2. Secondary treatment - the removal of carbonaceous biochemical demands (BOD) and suspended solids (sludge). - 2 - 3. Advanced waste treatment - the basic disinfection of the waste water. 4. Sludge treatment, storage and disposal - the treatment and disposal of solids (sludge) secondary treatment process. passing through or produced by the As noted previously, the major difference in any of the systems analyzed was the method of secondary treatment. The three methods of secondary treatment analyzed were: 1. Conventional activated sludge (alternative ST -1). 2. Relex (Sequential Batch Reactor) (alternative ST -2). 3. Rotating Biological Contractors (alternative ST -3). Technically a fourth alternative was looked at by the applicant, which was the use of the Spring Valley Sanitation District facilities. This alternative has been ruled out due to the economic feasibility of extending sewage lines to and expanding of the facility and the inconsistency with the overall water resource management goal of the applicant. An analysis of the construction costs and operation and maintenance costs of the three systems was provided. The following costs were identified for an overall system based on the three secondary treatment alternatives: Construction Operation & Maintenance ST -1 $1,729,900 104,500 ST -2 $1,389,400 89,300 ST -3 $2,316,600 107,300 Based on the monetary costs of each system, alternative ST -2 (Relex) is the least expensive to build and maintain. The ST -2 alternative ws also determined to be the best system available based on an engineering evaluation. Given the fact that both developments will be developed in a phased manner, it is proposed to develop the facilities in a phased manner. The following is a summary of the phases: Stage 1 - Facilities for 800 EQR (200,000 gal/day) at a cost of $450,000. These facilities will meet the first five year demand. Stage la- The addition of facilities to meet initial needs of golf course irrigation at $150,000. Stage 2 - Facilities to increase capacity to 1800 EQR (450,000 gal/ day) at a cost of $350,000. Projected to meet development demands through Year 10. Stage 3 - Facilities to increase capacity to 2600 EQR (650,000 gal/day) at a cost of $460,000. Included in the service plan was an analysis of the sewage transmission system and the winter storage and reuse of the sewage effluent. The sewage transmision lines are the main trunk lines to serve the various areas proposed for development. All neighborhood service lines will be installed and paid for by the neighborhood building developers. The estimated total cost of the main trunk lines is $2,186,000, which would be phased over a five year period. -3- 11 Effluent reuse and winter storage will require a separate system of pipes and storage ponds. It is estimated, in the service plan, that spray irrigation use of the treated effluent could achieve a 653 recharge of the Spring Valley aquifer. To develop this system, it will be necessary to have a total storage capacity of 280 acre feet for the winter period when spray application is not possible. Overall, this part of the system is estimated to cost $1,140,500. It is proposed to dispose of the treated sludge by invectinq it into agricultural lands for fertilization. To finance the construction and basic operation and maintenance costs of the proposed system, a special district has been proposed. The Service Plan notes the following: Capital Requirements - Basic capital requirements would be funded by the issuance of general obligation bonds. For the analysis, it was assumed that the bonds would have an interest rate of 11.53 with an underwriting discount of 33. It was also estimated that the bonds would be repaid by a mill levy (10 mills) and sewer tap fees ($1,500/tap). Based on these assumptions and the phased construc- tion schedule, the following bonds would be issued: Series 1985 - $1,475,000 Series 1987 - 1,355,000 Series 1990 - 1,985,000 Series 1997 - 835,000 Total - $5,650,000 Service Charges Revenues would be generated in the following manner to pay debt service, and operation and maintenance costs: 1. Monthly Sewer Service Charge - It is estimated that this charge would be $10 to $15 per month per EQR. 2. Server Standby Charges - This fee would be contained in contracts between the Developer and land buyer, or may be guaranteed by the Developer. This fee would insure partial District income for debt service. 3. Connection Charge - This charge would be for the inspection of any hook-ups. It is assumed that outside builders and general contractors will take the responsibility for construction of specific neighborhood facilities and that these facilities will be turned over to the District when they are completed. III.COMMENTS 1. The formation of a special district requires the filing of a service plan with the County Clerk and Recorder and then action by the County Planning Commission and Board of County Commissioners. The Board of County Commissioners must take action within thirty (30) days of the regular meeting at which the service plan is presented to them. Within the thirty day period, the County Planning Commission is required to study the service plan and present its recommendation to the Board of County Commissioners. The Board can take any of the following actions: 1. Approve, without condition or modification, the service plan. 2. Disapprove the service plan. 3. Conditionally approve the service plan subject to additional information being submitted or the modi- fication of the proposed service plan. - �Z- Any action to disapprove the service plan can be based on any of the following: 1. There is insufficient, existing or projected, need for organized service in the area to be serviced by the proposed special district. 2. The existing service in the area to be served by the proposed special district is adequate for present and projected needs. 3. Adequate service is, or will be, available to the area through other existing municipal or quasi -municipal corporations witnin a reasonable time and on a comparable basis. 4. The proposed special district is incapable of providing economical and sufficient service to the area within its proposed boundaries. 5. The area to be included in the proposed special district does not have, or will not have, the financial ability to discharge the proposed indebtedness on a reasonable basis. 6. The facility and service standards of the proposed special district are incompatible with the facility and service standards of adjacent municipalities and special districts. 7. The proposal is not in substantial compliance with a master plan adopted pursuant to section 30-28-108, C.R.S. 8. The proposal is not in compliance with any duly adopted county, regional or state long range water quality management plan for the area. The above noted criteria for denial will be the basis for staff comments. The following comments will address each criteria separately: 1. There is insufficient existing and projected need for organized service in the area to be serviced by the special district. As noted previously, the Spring Valley Ranch P.U.D. and Lake Springs Ranch P.U.D. have received approval for 2980 dwelling units, a 300 room resort hotel and commercial retail and office space area. All of these uses will require the use of sanitary sewer facilities. It is reasonable to say there is a projected need for organized service. 2. The existing service in the area to be served by the proposed special district is adequate for present and projected needs. The existing Spring Valley Sanitation District facilities have an approximate capacity of 50,000 gallons/day. To accommodate the projected need of the Landis Sanitation District an additional 650,000 gallon/day capacity would have to be added to the existing facilities. 3. Adequate service is, or will be, available to the area through other existing municipal or quasi -municipal corporations within a reasonable time and on a comparable basis. i'C' The service plan notes that the expansion of the existing Spring Valley Sanitation District facilities aerated lagoons is not possible in an economic manner. It would also be necessary to have lift stations and pressure sewer pipelines to get service from the existing facility to the proposed district, according to the service plan. Both of these reasons are identified as making economically comparable service available as infeasible. One option that has no ben considered is the expansion of the existing boundaries, but the development of a new treatment facility similar to what is being proposed and in the same location. 4. The proposed service district is incapable of providing economical and sufficient service to the area within its proposed boundaries. The service plan included an evaluation of various alternative types of treatment systems, which resulted in the selection of the least costly to construct and maintain, yet be consistent with the engineering goals established. As proposed, the sewage treatment facility could treat 650,000 gallons/day, whicn converts to 2600 EQR. It is projected that the Lake Springs Ranch P.U.D. and Spring Valley Ranch P.U.D. would result in 2580 EQR's being utilized. One area, not included in the projected demand, is the potential for "caretaker" units within the District B, Low Density Residential, Golf Course area of the Spring Valley Ranch P.U.D. It would appear that some consideration of the potential �(5 for "caretaker" units should be included in the calculated demand for service, since there are 585 lots that have the option of adding a "caretaker" unit to the principal dwelling unit. It should be noted that the service plan does not project any demand for the lands noted as being in the potential service area. It is stated in the service plan that properties annexing to the district will be required to provide trunklines where necessary or share common trunk line costs on a pro -rata basis and pay equitable tap fees. It could be assumed, from the basis annexation policy, that the District will be responsible for any treatment facilities expansion as a result of the additional demand. 5. The area to be included in the proposed special district does not have, or will not have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Enclosed is a memo from the Garfield County Assessor which notes that the assumptions of new base are incorrect, thus the projections for debt service are incorrect. He also states that the enclaves within the proposed special district will create administrative problems for the County. It should also be noted that the proposed special district's debt retirement is based on both Spring Valley Ranch P.U.D. and Lake Springs Ranch P.U.D. being developed in phases. It is assumed that Lake Springs Ranch would oe the first to develop and provide the initial increase in the assessed value for the first two years. Yet, Lake Springs Ranch is not included within the initial district boundaries. Included in the proposed District boundaries is the Estate Lots area of the Spring Valley Ranch P.U.D., which will not require any service from the proposed district. It would seem appropriate to include Lake Springs ;ranch P.U.D. in the district and exclude the Estate Lots area of the Spring Valley Ranch P.U.D. 6. The facility and service standards of the proposed special district are incompatable with the facility and service standards of adjacent municipalities. While the proposed facilities and service standards are different than the Spring Valley Sanitation Districts facility and service standards in some ways, they do not appear to be incompatible. 7. The proposal is not in substantial compliance with a master plan adopted pursuant to section 30-28-108, C.R.S. As noted previously, the approval of the Spring Valley Ranch P.U.D. did not deal with the "non-proliferation of special districts" because that issue was subject to a separate statuatory review. The then proposed service plan was reviewed in light of the proposed water resource management philosophy and the need for separate sewage treatment plant facilities. What legal entity would construct, own and maintain the facilities was left open to further consideration. While it was generally agreed at the P.U.D. approval that a new facility located in the area proposed to be the Landis Sanitation District, is appropriate. It has not been demonstrated in the service plan that the Spring Valley Ranch P.U.D. and Lake Springs Ranch P.U.D. cannot annex into the Spring Valley Sanitation District and build a separate facility to serve the enlarged service area in an economical manner and be consistent with the water resource management philosophy of the Landis Sanitation District proponents. The service plan only notes reasons why it is uneconomical to extend service lines and expand the existing treatment facilities. 8. The proposal is not in compliance with any duly adopted county, regional, or state long range water quality management plan for the area. In 1978, the Colorado West Area 208 Plan was adopted by the Colorado West Area Council of Governments (CWACOG). When the CWACOG was dissolved, the Associated Governments of Northwest Colorado (AGNC) was formed. The association retained the regional authority for waste treatment planning agency. To date, the AGNC has had a "no comment" position on facilities proposed in the area. The State Water Quality Control Commission has also adopted the 208 Plan as their guidance for the region. The service plan notes that a site application will have to be approved by the State. They will also have to obtain discharge permit from the Water Quality Control Division prior to actual plant construction. It cannot be stated at this time that the proposed district is, or is not, in compliance with the 208 Plan. IV. SUGGESTED FINDINGS 1. The meeting before the Planning Commission was extensive and complete, that all pertine t facts, matters and issues were submitted, and that ai'i 41�� were heard at that meetin OL/).e"2"74 //r yr (�Z43 2. The Planning Commission has studied rtne proposed service plan and has authorized the Chairman of the Planning Commission to present its recommendation to the Board of County Commissioners 3. The Planning Commission has considered the criteria for disapproval contained in Part 2 of the Special District Control Act (32-1-101, et seq., C.R.S., as amended), and its recommendation is in conformance therewith. —IT-`— GARkELD COUNTY ASSESSOR LELAND H. (LEE) HUNTER Court House Phone 945-9134 109 8th Street Suite 207 Glenwood Springs, Colorado 81601 To: Mark Bean, Director Planning Department From: Lee Hunter, County Assessor Date: January 30, 1985 RE: Landis Sanitation District Service Plan I have reviewed the above referenced service plan and found it to be accurate except for the following item: In Table III, I refer to House Bill No. 1051 (copy attached) setting the next base year as 1985 to be implemented in 1987. This also affects other projection tables throughout the report. As a reminder, the assessed value for the land as it now exists is $45,550, and principally classified as agricultural. In accordance with C.R.S. 31-1-102 (1.6) (a) (b), the value will increase once the land is no longer used for the production of agriculture products. Once development has begun, the assessor's office should be notified in January of each year as to the amount of development completed during the previous year. This becomes development cost thereby causing an increase in the total value. We are governed by C.R.S. 39-1-110 which states that there exists a May 1 deadline for the formation of a special district to be in effect for the current year. In closing, I would like to state that due to the exceptions the work load for this office is affected considerably. There currently exists three separate areas that are excluded from the special district; but, within its proposed boundaries. These are listed below along with the owner's names and respective acreages: I. Cabrinha 4.74 Ac. Clarke 5.02 Ac. Franta 6.63 Ac. Williams 8.26 Ac. Klink 8.00 Ac. Total 32.00 Ac. In the event that the proposed areas would be formed into this special district, nine small parcels .could create another three taxing areas within its boundaries. This may seem minimal to some; but, it creates havoc with taxing districts, files, maps, and record keeping. Instances such as this have previously occurred in which taring areas are broken up by the creation of these special districts. I would like to see an all encompassing boundary which would, alleviate some of our problems. . II. McVey 10 Ac. Zito 6 Ac. Total 16 Ac. III. Carlson 40 Ac. In the event that the proposed areas would be formed into this special district, nine small parcels .could create another three taxing areas within its boundaries. This may seem minimal to some; but, it creates havoc with taxing districts, files, maps, and record keeping. Instances such as this have previously occurred in which taring areas are broken up by the creation of these special districts. I would like to see an all encompassing boundary which would, alleviate some of our problems. . C 1984 HOUSE-BILL_NO. 1051. BY REPRESENTATIVES Kirscht, Bath, Groff, Heim, Larson, Mielke, and -Neale;. also SENATORS Soash and Stewart. _... CONCERNING A ONE-YEAR EXTENSION OF THE IMPLEMENTATION DATES FOR THE NEXT REASSESSMENT -CYCLE -IN THE BASE YEAR CYCLE USED IN PROPERTY TAXATION. Be.i_t=enacted by the General: Assembly of the State of Colorado: SECTION .1. 39-1-104 (10), (10.1) (a), (12) (h), and the introductory portion to 39-1-104 (12.2) (a), and !!f.139-1-104 (12:2)-(b), Colorado Revised Statutes, 1982 Repl. Vol., as amended, are amended to read: _.- 39-1.104. Valuation for assessment. (10) (a) For the years 1983 through 1985 19 , the 19 level of value and the manuals and associated data published fortheyear 1977 by the ,-_a;administeator and: approved,_:by the advisory, committee to the administrator shall be utilized for determining actual value of: -real. pro perty..in.any county of: -the state as reflected in the abstract -of assesement.for;:each such year. - ._... -. (b) During -the .years 1983 through 3985 1986, in =-preparation for implementation in the year 1986 1987, the a ,,respective assessors shall.conduct revaluations of all taxable _a areal property utilizing -the 1984;1985 level of.value and the csmanuals_ and associated data published for the year 3984 1985 ._„by the.admi.nistrator and approved by -the advisory committee to _.:_::the administrator: e:;-- - (10.1) (a) Beginning with the property tax year which commences January 1, 3986 1987, a reassessment cycle shall be instituted with each cycle consisting of two full calendar years. At the beginning of each reassessment cycle, the base CapCap—itallletters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. year and level of value to be used during the reassessment cycle in the determination of actual value of real property in any county of the state as reflected in the abstract of assessment for each year in the reassessment cycle shall advance by two years over what was used in the previous reassessment cycle; except that the base year and the level of value to be used for the years 1986 -and -1987 1987 AND 1988 shall advance by seven•EIGHT years over what was used for the years 1983 through 3985 1986, so that for the years 3986 -and 1987 1987 AND 1988 the 1984 1985 level of value is used. (12) (h) For property tax years 1982 through 1985 1986, rail transportation property, as defined in section 39-4.1-102 (2), assessed pursuant to article 4.1 of this title. (12.1) Subsection (12) of this section and this subsection (12.1) are repealed, effective January 1, 1986 1987. (12.2) (a) For property tax years commencing on or after January 1, 1986 1987, the requirement 'stated in subsections (9) to (11) of this section that the actual value of real property be determined according to a specified year's level of value and manuals and associated data published by the administrator for said specified year and approved by the advisory committee to the administrator shall apply to the assessment of all classes of real property, including but not limited to the following classes of real property: (b) This subsection (12.2) shall take effect January 1, 3986 1987. SECTION 2. 39-4-101 (2.5) and (3), Colorado Revised Statutes, 1982 Repl. Vol., as amended, are amended to read: 39-4-101. Definitions. (2.5) "Public utility" means, for property tax years 1982 through 1985 1986, every sole proprietorship, firm, partnership, association, company, or corporation, and the trustees or receivers thereof, whether elected or appointed, which dors business in this state as an airline company, electric company, rural electric company, telephone company, telegraph company, gas company, gas pipeline carrier company, domestic water company selling at retail, pipeline company, or coal slurry pipeline. This subsection (2.5) is repealed, effective January 1, 1986 1987. (3) "Public utility" means, for property tax years commencing on or after January 1, 1986 1987, every sole proprietorship, firm, partnership, association, company, or corporation, and the trustees or receivers thereof, whether elected or appointed, which does business in this state as a railroad company, airline company, electric company, rural PAGE 2- HOUSE BILL NO. 1051 STATEMENT OF FLAVEN M. CERISE RE: SERVICE PLAN APPLICATION OF LANDIS SANITATION DISTRICT The purpose of this statement is to clarify what I have been previously quoted as saying on January 14, 1985 regarding the Service Plan Application for the Landis Sanitation District. This matter has been set for public hearing before this Board on February 11, 1985 as required by State - law. The Garfield County Planning Commission will review the application prior to that time and make its recommendations. It was and is inappropriate for me, as a member of the Board of County Commissioners, to comment on the merits of the proposal and of my decision on the entire application prior to or outside the scheduled public hearing. My comments of January 14, 1985 were intended to be a reference to the action of the previous Board of Commissioners in approving the rezoning for the Spring Valley Ranch Planned Unit Development. My statements were made to inform my fellow Commissioners regarding a matter of policy which I believed had been addressed in the rezoning approval. The applicant for the formation of the Landis Sanitation District is Spring Valley Holding, Ltd. They were also the applicant for the rezoning of the Spring Valley Ranch. It was my recollection on January 14, 1985 that conditions had been attached to the rezoning decision of the prior Board which had a direct bearing on the service plan -application of the Landis Sanitation District, as itwasdescribed to me by the County Staff. To the extent my earlier comments could be interpreted as indicating that I have made a final decision on the merits of the proposed service plan, I do now state that I have not done so. I am prepared to exercise my discretion, as a member of the Board of Commissioners, in reviewing the service plan application for the Landis Sanitation District in an impartial and unbiased manner and in accordance with Colorado law and the prior decisions of this Board. RECORD OF CONVERSATION DATE: OUTGOING: /C TIME:U //lJ • �S / / / INCOMING: FILE : L� i�S '5aly a7 /10 j X�;' CONTACT- COMMENTS: ONTACT_COMMENTS: FURTHER ACTION REQUIRED i