HomeMy WebLinkAbout3.0 BOCC Staff Report 09.12.2016Board of County Commissioners - September 12,2016
Exhibits - Roaring Fork Water and Sanitation District Service Plan Amendment
A Public Hearinq Notice lnformation, with attachments
B Colorado Revised Statutes
c Aoolication
D Staff Reoort
E Staff Presentation
F Plannino Commission Resolution PC 2016-06
G Draft Board Resolution
H Applicant notice requirements
I
J
K
L
M
N
EXHIBIT
D Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC SePtember t2,2OL6
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
EXIST]NG ZONING
COMPREHENSIVE PLAN
Service Plan Amendment Review and Recommendation
Various
Louis Meyer - SGM Engineering
South of the City of Glenwood Springs between SH 8? and
the Roaring Fork River at CR 154 I
PUD, Suburban and Rural
Urban Growth Area, Residential Medium Density,
Floodplain, City of Glenwood Springs Area of lnfluence
Special districts are quasi-municipal corporations and political subdivisions that are organized to act for a
particular purpose. The Roaring Fo1k Water and Sanitation District (RFWSD) was approved as water and
sanitation district in 1994 as Aspen Glen Water & Sanitation District. A subsequent name change and
change to a regional service provider has occurred since that time. RFWSD requests an amendment to
their district service boundary in order to provide water and wastewater services to properties north of
lronbridge, including Eastbank and the RE-l school.
An amendment to a special district entails obtaining review and approval from the local governmental
jurisdiction. The Garfield County 2013 Land Use and Development Code, as amended does not contain
specific provisions related to the review of service plans or amendments to service plans therefore the
process of submittal and review of the plans must be in compliance with statutory requirements
contained in Title 32 of the Colorado Revised Statutes. Those statutory requirements include submittal
of the service plans to the clerk for the board of county commissioners, referral of the plans to the
planning commission for review and recommendation to the board within thirty (30) days of plan
submittat, and a public hearing with the board to be held not more than thirty (30) days after setting the
public hearing date.
The Clerk and Recorder (Jean Alberico) received petition for review of a service plan amendment for the
Roaring Fork Water and Sanitation District on June 20,}OLG and a public meeting was set with the Board
of County Commissioners (the Board) on July 5,2OL6. At that meeting the Board discussed the review
process for the plan and joined in the referral to the Planning Commission for review and
recommendation. A recommendation was issued by the Planning Commission on July L3, z0tg
memorialized in Resolution PC 2015-06, Exhibit F. The Board subsequently scheduled the public hearing
on this action for Monday, September L2,20L5.
L
Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC SePtember 12, 2016
The purpose of amending the service plan is to expand the existing boundaries of the District by
approximately 170 acres. As shown in Figure 1, above, the current boundary encompasses an area from
lronbridge at the northern end of the district to Coryell Ranch at the south end. East to west the District
encompasses River Edge PUD up to SH 82 and west to the hillside on the west side of CR 109. The District
boundaries do not include Westbank or Westbank Ranch.
Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC SePtember 12, 2015
RFWSD seeks to expand the boundary to the north of lronbridge along CR 109 to CR 154 and the area
known as Eastbank, including Orrison Distributing and Jammaron property. This expansion is based upon
a pre-inclusion agreement between RFWSD and the Roaring Fork RE-1 School District regarding service to
the Eastbank School site. The red dotted line on the drawing below indicates that area to be included in
the District boundaries.
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potable Water - RFWSD has submitted information regarding the District's existing potable water service
infrastructure, including five (5) water wells, treatment facilities, storage tanks, transmission and
distribution lines as well as appurtenant facilities. The water wells have an existing capacity of 1,820
gallons per minute (GPM) and a full capacity of 3,340 GPM. There are also 4 additional locations within
Aspen Glen for water wells, and L1- additional locations within Coryell Ranch for future water supplies.
Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC September 12, 2016
RFWSD currently owns and operates four water storage tanks with a total capacity of capacity 1.5 million
gallons of water. Existing capacities appear to be sufficient to provide services to the school facilities.
Wastewater - lnformation has been submitted regarding existing regional wastewater facilities managed
by RFWSD including the wastewater treatment plant located along the Roaring Fork River at Aspen Glen
(below the gravel pit). This plant has a capacity of 0.107 million gallons per day (MGD) with planned
phases allowing for 0.321 MGD per day at build out. Conveyance of wastewater includes numerous lift
stations anp force mains necessary to provide adequate flow from areas within the District to the
wastewaterf treatment plant. Currently five (5) lifts stations exist within the district.
The School District and RFWSD entered into a Pre-lnclusion Agreement for the provision of wastewater
services equaling 70 EQR's. This includes the two proposed school as well as 16 units for possible future
affordable housing at the site. The provision of service to School District expanded service will require
the construction of additional infrastructure including a lift station and force mains along CR 109,
Hardwick Bridge, and CR 154. RFWSD will utilize 80 EQR'S for utility sizing criteria for the infrastructure.
Additional properties included in the Expanded Service area include those sites adjacent to the School
District parcel. lt has been determined that potential future development of this area may resulting up
to 285 EQR's.
The expansion area includes those properties
located north and west of the lronbridge PUD as
shown in Figure 3, left. The blue highlighted
parcel is the site of the RE-1 school. Area zoning
is primarily Rural to the north and west. The SH
82 corridor is to the east. The residential
community of West Bank is to the south and not
proposed to be located in the District boundary.
The Garfield County Comprehensive Plan
designates the Eastbank area as Urban Growth
Area for the City of Glenwood Springs. The FLUM
for areas east and west are Residential Medium
Density as shown in Figure 4, below.
Figure3-ZoningMap
Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC September 12,2016
Figure 4 - Future Land Use Map
Other designations on the FLUM include Greenway Trail (blue dotted line) and Floodplain for the
Roaring Fork River.
Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC September L2,2OL6
Based upon State Statute, the following section provides the review criteria to be
considered:
32-t-2O3. Action on service plan - criteria
(1) The board of county commissioners of each county which has territory included
within the proposed special district, other than a proposed special district which is
contained entirely within the boundaries of a municipality, shall constitute the
approving authority under this part 2 and shall review any service plan filed by the
petitioners of any proposed special district. With reference to the review of any
service plan, the board of county commissioners has the following authority:
(a) To approve without condition or modification the service plan submitted;
(b) To disapprove the service plan submitted;
(c) To conditionally approve the service plan subject to the submission of additional
information relating to or the modification of the proposed service plan.
Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC September L2,2076
(2) The board of county commissioners shall disapprove the service plan unless
evidence satisfactory to the board of each of the following is presented:
(a) There is sufficient existing and projected need for organized service in the area to
be serviced by the proposed special district.
Staff Comment: The application has adequately demonstrated that there is sufficient
need for expansion of the District boundary.
(b) The existing service in the area to be served by the proposed special district is
inadequate for present and projected needs.
Staff Comment: There is no water and sanitation service available to the area
proposed to be located within the RFWDS boundary.
(c) The proposed special district is capable of providing economical and sufficient
service to the area within its proposed boundaries.
Staff Comment: The District has sufficiently demonstrated that it is capable of
providing economical and sufficient service to the area.
(d) The area to be included in the proposed special district has, or will have, the
financial ability to discharge the proposed indebtedness on a reasonable basis.
Staff Comment: The application included sufficient information related to
indebtedness.
(2.5) The board of county commissioners may disapprove the service plan if
evidence satisfactory to the board of any of the following, at the discretion of the
board, is not presented:
(a) Adequate service is not, or will not be, available to the area through the county
or other existing municipal or quasi-municipal corporations, including existing special
districts, within a reasonable time and on a comparable basis.
(b) The facility and service standards of the proposed special district are compatible
with the facility and service standards of each county within which the proposed
special district is to be located and each municipality which is an interested party
under section 32-L-2O4 (L).
(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 area.
(e) The creation of the proposed special district will be in the best interests of the
7
Service Plan Amendment
Roaring Fork Water and Sanitation District
BOCC September t2,2OLG
area proposed to be served.
(3) The board of county commissioners may conditionally approve the service plan of
a proposed special district upon satisfactory evidence that it does not comply with
one or more of the criteria enumerated in subsection (2) of this section. Final
approval shall be contingent upon modification of the service plan to include such
changes or additional information as shall be specifically stated in the findings of the
board of county commissioners.
i
(3.5) (a) The board of county commissioners may exclude territory from a pfoposed
special district prior to approval of the service plan submitted by the petitioners of a
proposed special district. The petitioners shall have the burden of proving that the
exclusion of the property is not in the best interests of the proposed special district.
Any person owning property in the proposed special district who requests that his or
her property be excluded from the special district prior to approval of the service
plan shall submit the request to the board of county commissioners no later than ten
days prior to the hearing held under section 32-L-204, but the board of county
commissioners shall not be limited in its action with respect to exclusion of territory
based upon the request. Any request for exclusion shall be acted upon before final
action of the county commissioners under section 32-L-2O5.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (3.5), if the
service plan submitted by the petitioners of a proposed special district is for a health
service district or health assurance district, the board of county commissioners shall
not accept or act upon the request of a person owning property in the proposed
special district that his or her property be excluded from the special district.
(4) The findings of the board of county commissioners shall be based solely upon the
service plan and evidence presented at the hearing by the petitioners, planning
commission, and any interested party.
The Planning Commission considered this application at a hearing held on July 13, 2016 at which time
they unanimously recommended that the Board of County Commissioners approve the proposed
Service Plan Amendment. The Commission also authorized the Chair to sign the resolution to forward to
the Board of County Commissioners, Exhibit F. This resolution is a requirement of State Statute.
The Board is authorized to approve, approve with conditions or deny the application.
Should the Board approve the application Staff has included a Draft Resolution for consideration.
Gaffield Coulnty
PUBTIC HEARING NOTICE INFORMATION
Please check the approprtiate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
My application required written/mailed notice to adjacent property owners and mineral
owners.
X Mailed notice was compteted on.r,. l5 dav of tLu4/b? .rorr.T-
/ All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
fl* Orowners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means flistl
r Please attach proof of certified, return receipt requested mailed notice.
E My application required Published notice.
tr
y Notice was published on the Wday ot b4t?*b? ,zo$.
Please attach proof of publication in the nifle ciii..nlffi*
My application required Posting of Notice.
Notice was posted on the day of
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
Name:
Signature:
Date:
20L6.
STATE OF COLORADO, COUNTY OF GARFIELD
NOTICE OF PUBLIC IIEARING
IN RE THE AMENDMENT OF THE SERVICE PLAN FOR THE ROARING FORK WATER
AND SANITATION DISTRICT, COUNTY OF GARFIELD, STATE OF COLORADO
PUBLIC NOTICE IS HEREBY GMN that there has been filed with the County of Garfield,
Colorado (the'County''), a service plan amendment (the "service Plan Amendment") for the Roaring
Fork Water and Sanitation Distict (the "District"). The Service Plan Amendment is on file at the
County Clerk and Recorder's Office, I 09 8e Street, Suite 200, Colorado 8 I 60 I .
NOTICE IS IIEREBY FURTHER GfVEN ttrat the County Board of County Commissioners
will hold a public hearing commencing at 9:00 a.m. or soon thereafter, on Monday, the 12ft day of
Septenrber, 2016, at the Carbondale Town Hall, 511 Colorado Avenue, Carbondale, CO 81623 to
review the Service Plan Amendmelrt and to form a basis for a resolution approving, disapproving or
conditionally approving the Service Plan for the Distict.
The proposed Distict's boundaries are generally described as approximately located south of
the CityofGlenwood Springs from CRl14 and SH 82 south to the Coryell Ranch Subdivision
along CR 109. The Service Plan Amendment seeks to add approximately 170 acres
north of the existing boundary of the District including the property known as Eastbank,
County of Garfiel4 State of Colorado as shown on the map of the proposed Distict that is a part of the
Service Plan application.
The proposed Disfict has petitioned for Amended Service Plan to provide the services listed in
the Service Plan to the additional area proposed for inclusion in the District.
NOTICE IS FURTIIER GMN that pursuant to $ 32-l-203(3.5), C.R.S., as amendd an
owner of real properly within the proposed Distict may request of the Board of County Commissioners
that such real property be excluded from the Dishict. Such request shall be submitted to the Board of
County Commissioners no later than ten (10) days before the day fixed for the public hearing on the
Service Plan.
BY ORDER OF TTM GARFIELD COTINTY BOARD OF COLINTY COMMSSIONERS.
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August 18,2016
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Mon, Aug 15,2016
12316782
1008693
(970',)945-8212
TALLEN@GARFIELD-COU
Kathy Eastley
Ad Ticket #5
Name:
Address:
10:38:54
Garfield County Building
108 8th Street - Ste 401
Acct:
Phone:
E-Mail:
Client:
Galler:
_Receipt
City: Glenwood SPrings
State: CO Zip: 81601
Ad Name:
Editions:
Start:
Color:
Copyline:
123167824
8CT/
08/18/16
ct RFWSD Amend Service Plan
Origina! ld: 0
Glass: 0990
Stop: 08/18/16
lssue 1
Rgp ' Pl Legals
STAIE oF GOLoBADO, COLr'lTY OF G FFELO
rcICEGruBUCEMM
IN RE THE AMENOMENT OF frE SEBVICEPUN FOR ff ROARNG FOil WAER ADgANITATION DISTRICT. COUNTY OF OA*
FIED. STAG tr @LONADO
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approxrmal6ly 170 acrs9 @th ol lhe axrdlnobontury ol rhe Dsricl inclding lhe prqeily
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I{OTICE E FURfrER GIVEN IEI puEEil Io S
32.1 203(3.51. C.B.S.. s amedd. e omel d
red prwdy wlthrn lhe prffiad Odrbl may re.
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(1X16782\
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63Lines:
Depth: 5.19
Columns: 1
Discount: 0.00
Commission: 0.00
Net: 0.00
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Payment 0.00
Roaring Fork Water and
Sa n itatio n District Se rvice
PIan Amendment
BOCC
SEPTEMBER L2,201,6
Service Plan Amendment
RFWSD was approved in L994 as the Aspen Glen Water and Sanitation District. This District
subsequently amended the Service Plan boundary to become a regional water and sanitation
provider.
Service Plan Amendment
Expand the Service Plan area to the north of the current service boundary which
terminates at the northern edge of the lronbridge PUD to include the Eastbank
site and those intervening properties between the two sites for a total area of
expansion of a pproximately L70-acres.
RFWSD Service Plan Amendment
Req uest:
Applica nt:
Re p rese ntative:
Location:
Service Plan Amendment Pursuant to State Statute
Roaring Fork Water and Sanitation District
Louis Meyer; P.E., SGM Engineering
South of Glenwood Springs
Statutory Criteria
Section 32-L-203. Action on service plan - criteria:
(1) The board of county commissioners of each county which has territory included within the
proposed special distrii:t, other than a proposed specia! district which is contained entirely
wittrin the boundaries of a municipality, shall constitute the approving authority under this parl
2 and shall review any service plan filed by the petitioners of any proposed special district. With
reference to the review of any service plan, the board of county commissioners has the
following authority:
(a) To approve without condition or modification the service plan submitted;
(b) To disapprove the service plan submitted;
(c) To conditionatly approve the service plan subject to the submission of additional information
relating to or the modification of the proposed service plan.
Statutory Criteria
rztrsionersshal!disapprovetheserviceplanunlessevidencesati
itr'e board of each of the following is presented:
l?;l:t?,:rtJJ,jiientexistin8
and projected need for organized service in the area to be serviced bv the
Staff Comment: The application has adequately demonstrated that there is sufficient need for expansion of the District boundary.
ItJrTAf*:itrseryice
in the area to be served by the proposed special district is inadequate for present
StaffComment: There is no water and sanitation service available to the area proposed to be located within the RFWDS boundary.
(c) The proposed special district is capable of providing economical and sufficient service to the area
within its pioposed boundaries.
(d) The area to be included in the proposed special district has, or will have, the financial ability to
discharge the proposed indebtedriess on a re'asonable basis.
Staff Comment: The application included sufficient information related to indebtedness.
actory to
Staff Comment: The District has sufficiently demonstrated that it is capable of providing economical and sufficient service to the area.
Statutory Criteria
(2.5) The board of county commissioners mav disapprove the service plan if evidence satisfactory to the
boaid of any ofthe following, at the discretion of the board, is not presented:
(a) Adequate service is not, or will not be, available to the area through the county or other existing
inirnicipil or quasi-municiial corporations, including existing special districts, within a reasonable time and
on a comparable basis.
(b) The facility and service standards of the proposed specia.l district are compatible.with the fa.cility and
iei'vice standirds of each county within which ihe 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 area.
Statutory Criteria
(3) The board of county commissioners may conditionally approve the service plan of a proposed special
district upon satisfactory evidence that it does not comply with one or more of the criteria enumerated
in subseition (2) of this section. Final approval shall be contingent upon modification ofthe service plan
to include such changes or additional information as shall be specifically stated in the findings of the
board of county commissioners.
(4) The findings of the board of county commissioners shall be based solely upon the service plan and
evidence presented at the hearing by the petitioners, planning commission, and any interested party.
Planning Commission Recommendation
The Commission considered this application at a public meeting held on July !3,2OL6 at which
time they voted unanimously to recommend that the Board of County Commissioners approve
the proposed amendment.
Board Deliberation and Decision
(a) To approve without condition or modification the service plan submitted;
(b)To disapprove the service plan submitted;
(c)To conditionally approve the service plan subject to the submission of
additional information relating to or the modification of the proposed service
plan.
A resolution has been prepared based upon approval without condition or
modification of the service plan submitted. Authorization for the Chair to sign
should be included in any motion to recommend approval the Service Plan
Amendment.
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EXHIBIT
STATE OF COLORADO
County of Garfield
At aregular meeting of the Planning Commission forGarfield County, Colorado, heldinthe
Commissioners'Meeting Room, Garfield County Administration Building, in Glenwood Springs on
Wednesday the 25ft day of July A.D. 2012, there were present:
Bob Fullerton , Commission Chairman
Keith Lammey , Commissioner Vice-Chair
Stephen Damm , Commissioner Secretary
fti" noAA , Commissioner
Creg McKennis , Commissioner
Kasey Nispel , Commissioner
Michael Sullivan , Commissioner
Ir" O^*utt , Associate Commissioner
Mutt L**hottt , Associate Commissioner
)
)ss
)
Kelly Cave '
Becky Wheelersburg ,
when the following proceedings, among others were had and done, to-wit:
Assistant CountY AttorneY
Clerk to the Commission
RESOLUTION NO. PC 2O16.Ob
A RESOLUTION TO CORRECT A SCRIVENER ERROR ON RESOLUTION PC'20I6'
05 REGARDING THE PLANNING COMMISSION RECOMMENDATION TO TIIE
BOARD OF COUNTY COMMISSIONERS FOR THE SERVICE PLAN AMENDMENT
FOR THE ROARING FORK WATER AND SANITATION DISTRICT GARFIELD
COUNTY, COLORADO
PARCEL NO#
Recitals
Garfield County is a legal and political subdivision of the State of Colorado, for which the
Board of County Commissioners is authorized to act.
pursuant to law, the Board of County Commissioners of Garfield County (the "Board") has
appointed the Garfield County Planning Commission (the "Commission").
A.
B.
C.
D.
E.
F.
G.
H.
!##$#rd.i$*illi::;* *::: :: ::T' ', "
on June 20,2OL6 a service plan amendment for the Roaring Fork water and sanitation
District was submitted in Garfield County, Colorado to the Clerk and Recorder of Garfield
County, Colorado, ex-officio Clerk to ttre CameldBoard of CountyCommissioners' forthe
Board's consideration in accordance with the Colorado Revised Statutes, *32-l-2Dl et' seq''
the Colorado Special District Act, and the required processing fees were paid at that time;
The Board discussed the review schedule for the service plans at a public meeting held on
July I l,z)l3,at which time it joined in the clerk's required referral to the commission'
Pursuant to c.R.s. *32 -l-204 (2)(a) the county planning commission shall study such
service plan and present its recommendations consistent with this pafjt 2 to the board of
county commissioners within thirty days following the filing of the service plan with the
county clerk and recorder.
In accordance with state law, the Planning Commission has adopted a comprehensive plan,
currently the Garfield county comprehensive Plan 2030, as amended.
The Commission conducted a public meeting on July 13,2}l6upon the quetio-n of whether
the service plan meets the required and discretionary criteria contained in C.R'S' *32-l-2O3
and to make a recommendation of approval without condition, disapproval, or conditional
approval subject to the submission of additional information relating to or the modification
of the proposed service Plans.
Based upon evidence presented at the public meeting by staff, the applicant' and other
interested parties, including Exhibit B, Siaff Report, attached and incorporated herein by this
reference, the service plan Iubmitted for the proposed amendment to the Roaring ForkWater
and Sanitation District has adequately demonstrated the following:
832-r-203(2):
(a) That there is sufficient existing and projected need for organized service in the area to be
serviced by the proposed special districts;
(b) The existing service in the area to be served by the proposed special district is adequate
for present and Projected needs;
(c) The proposed special district is capable of providing economical and sufficient service to
the area within its boundaries;
(d) The area to be included in the proposed special district has, or will have the financial
ability to discharge the proposed indebtedness on a reasonable basis'
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A7 lZAl2A16 01 r 13:30 Pl'l Jean Alberico3 of 11 Rec Fee.$0.00 Doc Fee,o 00 GARFIELD couNTY C0
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Planning commission of Garfield county,
Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Planning Commission recorlmends that the Board of County Commissioners approve
the service plan.
C. The purpose of this Resolution is to memorialize the action taken on July 13,2016.
Dated this 13ft day of July, A.D. 2016.
ATTEST:GARFIELD COUNTY PLANNING
COMMISSION, GARFIELD COUNTY,
COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
Commission Chairman Bob Fullerton , AYe
Commissioner Vice-Chair Keith Lammey , Aye
Commissioner Secretary Stephen Damm , Aye
Commissioner Eric Rudd , AYe
Commissioner Greg McKennis , AYe
Commissioner Michael Sullivan , Aye
Commissioner Kasey Nispel ' AYe
Bob Fullerton, Chairman
Garfield County Planning Commission
Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2016
PROJECT INFORMATION AND STAFF COMMENTS
Service Plan Amendment Review and Recommendation
Various
Louis Meyer - SGM Engineering
South of the City of Glenwood Springs
the Roaring Fork River at CR 154
between SH 82 and
PUD and Suburban
Urban Growth Area, Residential Medium Density,
Floodplain, City of Glenwood Springs Area of lnfluence
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
EXISTING ZONING
COMPREHENSIVE PLAN
BACKGROUND
Special districts are quasi-municipal corporations and political subdivisions that are organized to act for a
particular purpose. The Roaring Fork water and,Sanitation District (RFWSD) was approved as water and
sanitation district in 1994 as Aspen Glen Water & Sanitation District. A subsequent name change and
change to a regional service provider has occurred since that time. RFWSD requests an amendment to
their district service boundary in order to provide water and wastewater services to properties north of
lronbridge, including Eastbank.
An amendment to a special district entails obtaining review and approval from the local governmental
jurisdiction. The Garfield County 2013 Land Use and Development Code, as amended does not contain
specific provisions related to the review of service plans or amendments therefore the process of
submittal and review of the plans must be in compliance with statutory requirements contained in Title
32 of the colorado Revised statutes. Those statutory requirements include submittal of the service plans
to the clerk for the board of county commissioners, referral of the plans to the planning commission for
review and recommendation to the board within thirty (30) days of plan submittal, and a public hearing
with the board to be held not more than thirty (30) days after setting the public hearing date.
II. GENERAT INFORMATION
The Clerk and Recorder (Jean Alberico) received petition for review of a service plan amendment for the
Roaring Fork Water and Sanitation District on June 20,2Ot6 and a public meeting was set with the Board
of County Commissioners (the Board) on July 5,20L6. At that meeting the Board discussed the review
process for the plan and joined in the referral to the commission for review and recommendation. The
public hearing required for Board review is to be scheduled at a public meeting to be held at least ten (10)
days after receipt of the ptanning Commission recommendation. The public hearing must then occur
within thirty (30) days of that meeting. Should a recommendation be issued by the Planning Commission
on July L3, ZO1:3,and a resolution to memorialize that recommendation completed, a public meeting will
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07 t2dt2016 01 : 13:30 Pltl Jean Albericoa'oi-tt-nec Fee $0.00 Doc Fee 0.00 GARFIELD CoUNTY C0
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Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2016
scheduled on August L5,2}t6with the Board of county commissioners with an anticipated public hearing
date on September 6,2OL6.
III. PLAN DESCRIPTION
The purpose of amending the service plan is to expand the existing boundaries of the District by
approximately 170 acres. As shown in Figure 1, above, the current boundary encompasses an area from
lronbridge at the northern end of the district to Coryell Ranch at the south end. East to west the District
2
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Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2015
encompasses River Edge pUD up to sH g2 and west to the hillside on the west side of cR 109' The District
boundaries do not include Westbank or Westbank Ranch'
RFWSD seeks to expand the boundary to the north of lronbridge along cR 109 to CR 154 and the area
known as Eastbank, including orrison Distributing and Jammaron property. This expansion is based upon
a pre-inclusion agreement between RFWSD.and the Roaring Fork RE-t school District regarding service to
the Eastbank school site. The red dotted line on the drawing below indicates that area to be iicluded in
the District boundaries.
iri.5 ri'; ? []
potable water - RFWSD has submitted information regarding the District's existing potable water service
infrastructure, including five (5) water wells, treatment facilities, storage tanks, transmission and
distribution lines as well as appurtenant facilities. The water wells have an existing capacity of 1,820
--.RE-1lnclude
l--1 erusc -ois*r r*tc*1
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Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2015
gallons per minute (GpM) and a full capacity of 3,340 GPM. There are also 4 additional locations within
Aspen Glen for water wells, and 1L additional locations within coryell Ranch for future water supplies.
RFW5D currently owns and operates four water storage tanks with a total capacity of capacity 1.5 million
gallons of water. Existing capacities appear to be sufficient to provide services to the school facilities.
wastewater - lnformation has been submitted regarding existing regional wastewater facilities managed
by RFWSD including the wastewater treatment plant located along the Roaring Fork River at Aspen Glen
(below tfte gravel pit). This plant has a capacity of 0.107 million gallons per day (MGD) with planned
pha$es allowine for 0.321 MGD per day at build out. conveyance of wastewater includes numerous lift
statlons lnd force mains necessary to provide adequate flow from areas within the District to the
wastewater treatment plant. Currently five (5) lifts stations eXist within the district.
The school District and RFWSD entered into a Pre-lnclusion Agreement for the provision of wastewater
services equaling 70 EQR,S. This includes the two proposed school as well as 16 units for possible future
affordable housing at the site. The provision of service to school District expanded service will require
the construction of additional infrastructure including a lift station and force mains along CR 109,
Hardwick Bridge, and cR 154. RFWSD will utilize 80 EQR's for utility sizing criteria for the infrastructure.
Additional properties included in the Expanded Service area include those sites adjacent to the School
District parcel. lt has been determined that potential future development of this area may resulting up
to 285 EQR'S.
The expansion area includes those properties
located north and west of the lronbridge PUD as
shown in Figure 3, left. The .blue highlighted
parcel is the site of the RE-1 school. Area zoning
is primarily Rural to the north and west. The SH
82 corridor is to the east. The residential
community of West Bank is to the south and not
proposed to be located in the District boundary'
The Garfield County Comprehensive Plan
designates the Eastbank area and north as Urban
GroMh Area for the City of Glenwood Springs.
The FLUM for areas east and west are Residential
Medium Density as shown in Figure 4, below.
Figure3-ZoningMaP
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Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2016
Figure 4 - Future Land Use MaP
Other designations on the FLUM include Greenway Trail (blue dotted line) and Floodplain for the
Roaring Fork River.
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4712812416 01:13:30 P[ Jean A]bericoI of 11 Rec Fee,g0.00 Doc Feer0.00 GARFIELO COUNTY CO
Plan Element for Water and Sanitation, Section 7:
Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2015
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REVIEW CRITERIA
Based upon State Statute, the following section provides the review criteria to be
considered:
32-7'203. Action on service plan - criteria
(1) The board of county commissioners of each county which has territory included
within the proposed special district, other than a proposed special district which is
contained entirely within the boundaries of a municipality, shall constitute the
approving authority under this part 2 and shall review any service plan filed by the
petitioners of any proposed special district. With reference to the review of any
service plan, the board of county commissioners has the following authority:
(a) To approve without condition or modification the service plan submitted;
(b) To disapprove the service plan submitted;
(c) To conditionally approve the service plan subject to the submission of additional
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information relating to or the modification of the proposed Service plan'
(2) The board of county commissioners shall disapprove the service plan unless
evidence satisfactory to the board of each of the following is presented:
(a) There is sufficient existing and projected need for organized service in the area to
be serviced by the proposed special district.
Staff Comment: The application has adequately demonstrated that there is sufficiqnt
need for expansion of th€ District boundary. I
(b) The existing service in the area to be served by the proposed special district is
inadequate for present and projected needs.
Staff Comment: There is no water and sanltation service available to the area
proposed to be located within the RFWDS boundary'
(c) The proposed special district is capable of providing economical and sufficient
service to the area within its proposed boundaries.
Staff Comment: The District has sufficiently demonstrated that it is capable of
providing economical and sufficient service to the area'
(d) The area to be included in the proposed special district has, or will have, the
financial ability to discharge the proposed indebtedness on a reasonable basis.
Staff Comment: The application included sufficient information related to
indebtedness.
(2.5) The board of county commissioners may disapprove the seruice plan if
evidence satisfactory to the board of any of the following, at the discretion of the
bciard, is not presented:
(a) Adequate service is not, or will not be, available to the area through the county
or other existing municipal or quasi-municipal corporations, including existing special
districts, within a reasonable time and on a comparable basis.
(b) The facility and service standards of the proposed special district are compatible
with the facility and service standards of each county within which the proposed
special district is to be located and each municipality which is an interested party
under section 32-t'204 (l).
(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 area'
7
Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2015
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Service Plan Amendment
Roaring Fork Water and Sanitation District
Planning Commission JulY 13, 2016
(e) The creation of the proposed special district will be in the best interests of the
area proposed to be served.
(3) The board of county commissioners may conditionally.approve the service plan of
a proposed special district upon satisfactory evidence that it does not comply with
one or more of the criteria enumerated in subsection (2) of this section' Final
approval shall be contingent upon modification of the service plan to include such
changes or additional information as shall be specifically stated in the findings of the
board of countY commissioners.
(3.5) (a) The board of county commissioners may exclude territory from a proposed
special district prior to approval of the service plan submitted by the petitioners of a
proposed special district. The petitioners shall have the burden of proving that the
exclusion of the property is not in the best interests of the proposed special district.
Any person owning property in the proposed special district who requests that his or
her property be excluded from the special district prior to approval of the service
plan shall submit the request to the board of county commissioners no later than ten
days prior to the hearing held under section 32-t'204, but the board of county
commissioners shall not be limited in its action with respect to exclusion of territory
based upon the request. Any request for exclusion shall be acted upon before final
action of the county commissioners under section 32'1'205'
(b) Notwithstanding the provisions of paragraph (a) of this subsection (3.5), if the
service plan submitted by the petitioners of a proposed special district is for a health
service district or health assurance district, the board of county commissioners shall
not accept or act upon the request of a person owning property in the proposed
special district that his or her property be excluded from the special district.
(4) The findings of the board of county commissioners shall be based solely upon the
service plan and evidence presented at the hearing by the petitioners, planning
commission, and any interested party.
Staff recommends that the Planning Commission approve the proposed Service Plan Amendment and
authorize the Chair to sign the proposed resolution to forward to the Board of County Commissioners.
STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Carbondale Town Hall, in the Town of Carbondale on Monday th e l2h day of September
A.D. 2016, there were present:
Iohn Martin , Commissioner Chairman
, Commissioner
, Commissioner
Mike Samson
Tom Jankovskv
Tari Williams , County Attorney
Kellv Cave , Assistant County Attomey
Jean Alberico Clerk of the Board
Kevin Batchelder , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2016.
A RESOLUTION TO MEMORIALIZE THE REVIEW AND DECISION REGARDING
THE PROPOSED SERVICE PLAN AMENDMENT FOR TIIE ROARING FORK
WATER AND SANITATION DISTRICT, GARFIELD COUNTY, COLORADO
Recitals
Garfield County is a legal and political subdivision of the State of Colorado, for which the
Board of County Commissioners is authorized to act.
Pursuant to law, the Board of County Commissioners of Garfield County (the "Board") has
appointed the Garfield County Planning Commission (the "Commission").
On June 20,2016 a service plan amendment for the Roaring Fork Water and Sanitation
District was submitted in Garfield County, Colorado to the Clerk and Recorder of Garfield
County, Colorado, ex-officio Clerk to the Garfield Board of County Commissioners, for the
Board's consideration in accordance with C.R.S. *32-l-201 et. seq.,the Special District Act,
and the required processing fees were paid at that time;
The Board discussed the review schedule for the service plans at a public meeting held on
July 5, 2}l6,at which time it joined in the Clerk's required referral to the Commission. The
Board fuither authorized Staff to complete the public notice requirements for the Board
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hearing which includes publication of the notice and mailing of the notice to the governing
bodies of the any existing municipalities and any special districts that have boundaries within
three miles of the proposed special district boundaries.
Pursuant to C.R.S. *32 -l-204 (2)(a) the Commission shall study such service plan and
present its recommendations to the Board within thirty days following the filing of the
service plan with the county clerk and recorder.
In abcordance with state law, the Planning Commission has adopted a comprehensive plan,
currently the Comprehensive Plan of 2030, as amended.
The Commission conducted a public meeting on July 13,2016 upon the question of whether
the service plan meets the required criteria contained in C.R.S. 932-l-203. A unanimous
decision to recommend approval of the service plan was reached at the public meeting.
Planning Commission Resolution No. PC 2016-06 attached hereto and incorporated herein as
Exhibit A (the "Resolution") was forwarded to the Board on August 15,2016. The
Resolution contained the Commission's recommendation and findings determined at the
public meeting.
At a public meeting held on Monday, August 15,2016, the Board set the date for the public
hearing to review the service plan for Monday, September 12,2016.
The Board conducted apublic hearing on September 12,2016 upon the question of whether
the service plan amendment meets the required criteria contained in C.R.S. *32-l-2O3.
As discussed during the public hearing and in accordance with Exhibit A, the service plan
amendment for the Roaring Fork Water and Sanitation District has adequately demonstrated
the following:
*32-r-203(2):(a) There is sufficient existing and projected need for organized service in the area to be
serviced by the proposed special districts.
(b) The existing service in the area to be served by the special district amendment is
inadequate for present and projected needs.
(c) The proposed special district is capable of providing economical and sufficient
service to the area within its proposed boundaries.
(d) The area to be included in the proposed special district has, or will have, the financial
ability to discharge the proposed indebtedness on a reasonable basis.
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RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Board of County Commissioners approves the $ervice plan amendment for the Roaring
Fork Water and Sanitation District.
C. The purpose of this Resolution is to memorialize the action taken on September 12,2016.
Dated this _ day of
ATTEST:GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO
County of Garfield
L , County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WIEREOF, I have hereunto set my hand and affixed the seal of said County,
A.D. 20_.
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at Glenwood Springs, this _ day of A.D. 20_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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