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Home My WebLink About1.0 ApplicationLOY ALE. LEAVENWORTH SANDER N. KARP DA YID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SA WYER TERESA L. HOCK JOSLYN V. WOOD* *Of Counsel LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 ndg@lklawfirm.com July 29, 2003 Board of County Commissioners Garfield County I 08 Eighth Street Glenwood Springs, CO 81601 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 W AZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspo11de11ce to our Glenwood Springs Office) Re: Cerise Ranch -Proposed Inclusion into Mid Valley Metropolitan District Dear Commissioners: Our office represents the Mid Valley Metropolitan District (the "District"). As you may know, the developer of the Cerise Ranch subdivision is requesting to include that property into the District. The Cerise Ranch is an approved subdivision located almost entirely in Garfield County (with the exception of an open space parcel located in Eagle County that is not proposed for inclusion into the District). In order for the inclusion to occur, the District requests a determination from the Board of County Commissioners (the "BOCC") that the proposed inclusion is not a major modification of the District's service plan. Without such a determination, the developer will withdraw its request for inclusion because too many lots within the subdivision will be sold and/or developed before the District could effectuate a service plan amendment and install the necessary improvements to the property, thereby making inclusion of the property financially unfeasible. Consideration of this issue is scheduled for the BOCC meeting on August 4, 2003. The provision of District water and sewer services to the Cerise Ranch subdivision will have significant benefits for the development and the community as a whole. First, the District is in the business of providing water and sanitary sewer services and will provide better operation, maintenance, and control over its systems than would a privately owned Property Owners Association that is not regularly in the business of providing those services. Second, the District is funding the project with available District cash. Third, the District is already partially located within Garfield County-in an area contiguous to the Cerise Ranch property proposed for inclusion -and provides water and sanitary sewer service within the County. Therefore, the current project would not be the first extension and use of District services in Garfield County, and the District will use some of its existing improvements within the County to serve the new development. Lastly, the community will receive significant fire flow and water quality benefits from use of the District's water and sewer systems. 1:12003\Clients\,\1VMD14ZZ-Cerise\Letters\GarCo BOCC-l . wpd LEAVENWORTH & KARP, P.C. Board of County Commissioners Page 2 July 29, 2003 Sixteen lots at the Cerise Ranch subdivision already have been sold, and six of those privately owned lots have improvements constructed on them, including individual sewage treatment systems ("ISTS"). Two of the developed lots are owned by the developer, who plans to include them into the District; the owners of the other four developed lots will have the option to include their properties into the District. The remainder of the Cerise Ranch property (excluding the open space parcel, but including the ten sold but unimproved lots) is proposed for inclusion into the District. If they choose to be included into the District, the private owners with existing ISTS will not be required to connect to the District's sewer system immediately upon the inclusion of their properties. Instead, they will be permitted to use their ISTS until it fails or requires repairs that cost in excess of the District's sewer tap fee, at which time they will be required to pay the sewer tap fee and connect to the District's system. Under this approach, those owners will not suffer a significant economic loss due to their recent ISTS purchase. In all, each Cerise Ranch lot owner would pay the District approximately $17,000 for inclusion into the District and connection to the District's water and sewer systems (including water and sewer tap fees). Comparatively, each lot owner would be required to pay approximately $13,000 to $15,000 for the ISTS alone. Therefore, the lot owners would pay only a few thousand dollars more in improvement fees for the security and reliability of public water and sewer utility service, and the community benefits from improved fire flow and water quality, as already mentioned. The proposed District sewer system for the Cerise Ranch subdivision is depicted on the enclosed map prepared by Inter-Mountain Engineering, Ltd. The system consists of two gravity flow lines to a lift station pump-back and forced main that will tie into and deliver the wastewater to existing District-owned sewer infrastructure that will then deliver it to the District's Wastewater Treatment Facility. Most, if not all of the sewer system improvements and tie-ins proposed for the project will be located in Garfield County. As discussed in the enclosed letter dated July 28, 2003 from Louis Meyer, P.E., District Engineer, the District can and will provide sewer service to the development through its Wastewater Treatment Facility. The District is in the process of constructing a new Wastewater Treatment Facility that is scheduled to be complete in October 2003, long before the Cerise Ranch subdivision is built- out. The new Wastewater Treatment Facility will have sufficient capacity to serve the new development at full build-out. Other improvements currently located at the Cerise Ranch include a potable water distribution system. As discussed in Louis Meyer's letter, if the subdivision is included into the District, the District will most likely take over ownership and operation of the potable water system, creating an interconnected District system. All of the existing and future lot owners will be connected to the interconnected water system and will receive water service from the District whether or not they choose to be included into the District. There is also a raw water system that will provide irrigation water to most of the lots within the subdivision. The Cerise Ranch Property Owners Association will maintain ownership and operation of the raw water system. [:\2003\Clients\MVM D\4ZZ-Cerise1Letters\GarCo BOCC-1. 1vpd LEAVENWORTH & KARP, P.C. Board of County Commissioners Page 3 July 29, 2003 We hope this information adequately explains the proposal for inclusion of the Cerise Ranch property into the District. As stated above, the District needs a determination from the Board of County Commissioners that the proposed inclusion of the Cerise Ranch is not a major modification of the District's Service Plan. The District concedes and will make it a condition of Garfield County's approval that the inclusion of the Cerise Ranch property sets no precedent for the County's position regarding any future proposed expansions of the District into Garfield County. Therefore, the County will not be bound by its current decision in the event of any future proposed District expansions into Garfield County. If the County Commissioners conclude that the inclusion is not a material modification of the District's Service Plan, then, pursuant to the request of County staff, the Cerise Ranch developer will submit a combined Amended Preliminary/Final Plan for the County's approval in October 2003. The Amended Preliminary/Final Plan will amend the Final Plan regarding the type of utilities (ISTS vs. District sewer improvements) to be installed at the site. Following a determination by the BOCC that the inclusion is not a material modification of the District's Service Plan, District will move forward with the inclusion process and commence construction of the water and sewer improvements prior to the County's approval of the Amended Preliminary/Final Plan. Such quick action is required because of the rate of lot sales and development within the subdivision. (Without existing District improvements, the lot owners will have to install ISTS for their sewer needs, thus making the extension ofDistrict facilities economically unfeasible.) If the County Commissioners determine that the proposed inclusion is a major modification of the District's Service Plan, then the project will be discontinued because, for the same reason stated above, there is not enough time for the District to amend its Service Plan prior to installing the necessary improvements to serve the subdivision. On behalf of the District, we appreciate your prompt consideration of this matter. We will attend the Board of County Commissioners meeting on August 4, 2003, and if you have any questions about this matter, we will be happy to answer them at that time. Enclosures cc: MVMD Board of Directors Kelly Mullane-Johnson Louis Meyer, P.E. Arthur Kleinstein Jeffery Spane!, P.E. Thomas Zancanella, P.E. 1:12003\Clients\MVMD\4ZZ-Cerise\Letters\GarCo BOCC-1. wpd Very truly yours, LEAVENWORTH & KARP, P.C. Loyal E. Leavenworth Nicole D. Garrimone 52 -~ -_J SOLD VACANT LOTS • COMPLETED HOMES • PERMITS FILED OR UNDER CONSTRUCTION Cerise Qanch SECTION 29 SECTION 28 39 lw-•w...._ ....... . •wwwwm '7 Mr:l'CAU' ltOAD PA 90X t1I AVON, CO l'M2ll PHI fJ'7t~ D'2 CO!'IC'll."'fl!llirl"l'AL DIVID£ ltD, SllJTE 117 urn..D0N. CO 11127 Pit. (Jl.1l)t6'1:11 37 35 34 33 32 // 31 OPEN SPACE