Jefferson County Planning Commissioners Hearing June 26, 2013 Case No SV Silver Leaf Metropolitan District Service Plan Case Manager: Russell D. Clark

Planning and Zoning Division Jefferson County Governmental entity with taxing authority approved by voters within the boundaries of the district. Provides a specific set of services to a specific area. Private property within a district boundary is subject to taxes and/or fees imposed by the district. Types of Special Districts: What is a Special District? Ambulance Fire Protection Health Assurance Health Service Metropolitan Park & Recreation Sanitation Water Water & Sanitation

Planning and Zoning Division Jefferson County Metropolitan Districts A Metropolitan District is a special district that provides two or more of the following services: Fire Protection Mosquito Control Parks & Recreation Safety Protection Sanitation Solid Waste Disposal Street Improvement Television Relay and Transmission Transportation Water Metropolitan districts are essentially a tax-exempt financing mechanism used for the installation, operation and maintenance of public infrastructure.

Planning and Zoning Division Jefferson County Metropolitan Districts A recent trend with Metro Districts is that they have taken over the function of the Homeowner’s Association (HOA). The Metro District will enforce covenants, and maintain common areas that used to be the duty of the HOA. The benefits to the homeowner of the Metro District functioning as the HOA are that HOA dues can then be included in the mill levy (property tax), so the dues are then tax deductable. The benefits to the ‘HOA’ are that the dues are paid on time, and no liens need to be filed for missing payments. Also, the ‘HOA’ then has tax-exempt status, as well as governmental immunity.

Planning and Zoning Division Jefferson County How are Special Districts Approved? Special districts submit Service Plans to the County. These Service Plans explain the services the district will provide, along with a Financial Plan that explains how the proposed services will be paid for. The County approves the Service Plan, not the Special District. Local voters need to approve the Special District.

Planning and Zoning Division Jefferson County What is in the Service Plan? Required by State Statute: Description of the proposed services Financial Plan Preliminary engineering survey Map of special district boundaries General description of facilities to be constructed General description of the estimated costs Description of arrangements of proposed agreements with other political subdivisions (other special districts, usually) Information satisfactory to establish that each criteria in the C.R.S. is being met Additional information required by BCC.

Planning and Zoning Division Jefferson County – Pre-filing : allowed under state statute – no time frame in C.R.S. – Formal Filing: very short review period – Planning Commission Hearing: within 30 days of formal filing – Preliminary Board of County Commissioners Hearing  1 st scheduled BCC hearing10 days after Planning Commission Hearing  Set formal hearing date only – Formal Board of County Commissioners Hearing  Within 30 days of preliminary Board of County Commissioners Hearing – District Court Hearing – Organizational Election Review Process Timeline:

Planning and Zoning Division Jefferson County Criteria in State Statutes: Statute says that denial of a service plan is required if the applicant does not satisfactorily establish: There is sufficient existing or projected need for organized service in the area to be serviced by the proposed special district; The existing service in the area to be served by the proposed special district is inadequate for present and projected needs; The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries; 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.

Planning and Zoning Division Jefferson County Criteria in State Statutes: Statute says that denial of a service plan may occur if the applicant does not satisfactorily establish: Adequate service is not, or will not be, available to the area through the county, other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 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; The proposal is in substantial compliance with the master plan; The proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area; The creation of the proposed special district will be in the best interests of the area proposed to be served.