HomeMy WebLinkAbout20132616SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 3, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Mark Lawley, at 1:30 pm.
Roll Call.
Present: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
Absent/Excused: Benjamin Hansford.
Also Present: Kim Ogle, Chris Gathman, and Michelle Martin, Department of Planning Services; Don
Carroll, Heidi Hansen, and Jennifer Petrik, Department of Public Works; Mary Evett and Troy Swain,
Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 20, 2013 Weld County Planning Commission minutes, Moved by
Jason Maxey, Seconded by Nick Berryman. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
USR13-0035
KERR-MCGEE GATHERING
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMITS FOR A NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY (24
INCH NATURAL GAS PIPELINE) IN THE A (AGRICULTURAL) ZONE
DISTRICT
THE PREFERRED PIPELINE COMMENCES AT THE VOLLMER
COMPRESSOR STATION IN SECTION 14, CROSSING SECTIONS 11, 12,
T2N, R67W ENTERING SECTION 7, T2N, R66W CROSSING SECTIONS 8, 9,
10, 11, 14, 15 AND 16 CONNECTING TO THE EXISING FORT LUPTON
COMPRESSOR STATION IN SECTION 14, T2N, R66W OF THE 6T" P.M.,
WELD COUNTY, COLORADO.
GENERALLY NORTH OF CR 20, EAST OF CR 21; SOUTH OF CR 22.5 AND
WEST OF CR 35, LAID PARALLEL TO EACH OTHER AND TO CR 22.
USR13-0036
KERR-MCGEE GATHERING
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMITS FOR A NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY (12
INCH CRUDE OIL PIPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: THE PREFERRED PIPELINE COMMENCES AT THE VOLLMER
COMPRESSOR STATION IN SECTION 14, CROSSING SECTIONS 11, 12,
T2N, R67W ENTERING SECTION 7, T2N, R66W CROSSING SECTIONS 8, 9,
10, 11, 14, 15 AND 16 CONNECTING TO THE EXISING FORT LUPTON
COMPRESSOR STATION IN SECTION 14, T2N, R66W OF THE 5TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: GENERALLY NORTH OF CR 20, EAST OF CR 21; SOUTH OF CR 22.5 AND
WEST OF CR 35, LAID PARALLEL TO EACH OTHER AND TO CR 22.
Kim Ogle, Planning Services, presented Cases USR13-0035 and USR13-0036, reading the
recommendations and comments into the record. The Department of Planning Services recommends
approval of these applications with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, designated floodplains and the
requirements on site.
Commissioner Maxey asked if the conflict with the future road has been resolved. Janet Carter, Public
Works, stated that there is flexibility with the alignment plan and they can adjust slightly one way or
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2013-2616
another to accommodate the future roadway plans and also their pipeline project. Although there was
originally a conflict with the alignment study they have made the corrections and both parties are in
agreement.
• M• ary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
• N• athan Keiser, Anadarko, 1099 18th Street, Suite 1800, Denver, Colorado, stated that he was here
to answer any questions regarding the routing of the pipelines.
The Chair asked if there was anyone in the audience who wished to speak for or against these
applications. No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval for both USR13-0035 and USR13-0036 and if they are in agreement with those. The applicant
replied that they are in agreement.
• Motion: Approve Case USR13-0035 along with the Conditions of Approval and Development
Standards, Moved by Jason Maxey, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
Commissioner Maxey stated that he appreciated the applicant working with staff for the alignment across
the Platte River in regard to the roadway alignment.
• Motion: Approve Case USR13-0036 along with the Conditions of Approval and Development
Standards, Moved by Nick Berryman, Seconded by Bret Elliott.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
CASE NUMBER
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR13-0040
POUDRE VALLEY REA
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON -1041, MAJOR FACILITY OF A PUBLIC UTILITY (ONE (1)
NEW 115-24.9 1W; TWO (2) 115 IW CIRCUIT SWITCHERS, TWO (2) 115 KV
DISCONNECTS; ONE (1) 115 KV BUS AND ASSOCIATED EQUIPMENT, ONE
(1) NEW EQUIPMENT ENCLOSURE AND THE ADDITION OF A SECOND
ACCESS TO THE SUBSTATION SITE (KERSEY ELECTRICAL SUBSTATION),
SUBJECT TO THE PROVISIONS OF SECTION 23-4-400, IN THE A
(AGRICULTURAL) ZONE DISTRICT
PART W2NW4 SECTION 27, T5N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 54; EAST OF AND ADJACENT TO CR 55.
Kim Ogle, Planning Services, presented Case USR13-0040, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
1O Don Carroll, Public Works, reported on the existing traffic, access, drainage, requirement of Right -of -
Way Permits, and the requirements on site.
• Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
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Curtis Miller, Tri-State Generation and Transmission, 2890 Brighton Boulevard, Denver, Colorado,
stated that they have talked with adjacent landowners and they have been supportive of this project.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
• Motion: Approve Case USR13-0040 along with the Conditions of Approval and Development
Standards, Moved by Jason Maxey, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR13-0033
ANADARKO E&P ONSHORE LLC
KIM OGLE
SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND
SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER
INJECTION FACILITY) AND ONE 70 FOOT IN HEIGHT COMMUNICATIONS
TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
LOTS A AND B REC EXEMPT RE -2407; PART SE4 SECTION 24, T2N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 49; SOUTH OF AND ADJACENT TO CR
47.5.
For the record, Commissioner Maxey noted that he drove by the site.
Kim Ogle, Planning Services, presented Case USR13-0033, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
• Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and
the requirements on site. Ms. Petrik suggested changing Condition of Approval 7.A to read "Accepted
construction drawings for and construction of the offsite roadway improvements are required prior to
operation".
Janet Carter, Public Works, reported that the access is better to be on the hill so you can see from both
directions. Additionally, the applicant will be making upgrades to County Road 18.5 by cutting down a
piece of that hill. Commissioner Sparrow asked if she was comfortable with the traffic going up the hill.
Ms. Carter replied yes and added that with the construction of the roadway it can be evened out and
lengthened so that there will be better site distance. In response to Commissioner Berryman's questions,
Ms. Carter said that there will be a deceleration lane as you are going south on County Road 49 to the
facility as well as an acceleration lane going south on County Road 49 and a deceleration lane heading
north to the facility as you turn onto County Road 18.5.
• Troy Swain, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Commissioner Maxey referred to Development Standard 16 and asked to clarify the portable toilets
because it seems that other facilities like this are required to have permanent sanitary facilities. Mr.
Swain said that there is 1 part-time employee and according to the Environmental Health Policy they are
allowed to utilize portable toilets when there is a certain number of visitors during a limited amount of
time.
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Commissioner Maxey asked Mr. Ogle to explain Development Standards 18 and 27 since they seem to
duplicate each other. Mr. Ogle stated that Development Standard 18 may be deleted.
Elizabeth Smith, Anadarko, 1099 18th St, Denver, Colorado, stated that they are proposing a
saltwater injection facility and a 70 foot communications tower. As Kerr McGee has increased the
number of oil and gas wells surrounding this proposed site the amount of produced water has increased
and this proposed facility is designed to dispose of the produced water via injection 8,000 to 12,000 feet
beneath the surface. The 70 foot communication tower will provide communication to and from the site to
their integrated operation center. Ms. Smith added that there is an existing tower adjacent to the
property; however because the proposed tower uses ethernet as its primary way of communication and
the maximum distance the ethernet cable can be run is 320 feet they are unable to use any other co -
located tower and are requesting that they build and utilize their own tower at this site.
Commissioner Maxey asked staff if screening is required. Mr. Ogle said that screening is not required.
Mr. Maxey asked the applicant if they are proposing any screening. Ms. Smith stated that they are not
proposing any screening or landscaping at this time. Commissioner Smock said that it would seem that
some landscaping would be done with a large facility like this. Ms. Smith said that they will not be having
a well so no landscaping could be irrigated.
E6' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Ellen Swieter, 25027 CR 18, Keenesburg, Colorado, stated that she is concerned that there has been no
public awareness of this application. She said that this facility will be located on a hill and wondered how
this well will not give way. Ms. Swieter expressed concern with traffic at the intersection of County Road
18.5 and County Road 49. She asked what impact studies have been done at other saltwater injection
facilities.
Commissioner Maxey asked what the length of the deceleration lane will be on the west side of the road.
Ms. Carter said that because the speed limit is 65 mph it will be approximately 0.5 miles long when you
add in the taper lengths. The layout will not be determined until the actual design. She added that they
have added a storage length.
I Alvin Dechant, 11521 CR 49, stated that they have property with 2 irrigation wells and a pipeline that
goes across to the east side of County Road 49. He stated that he just came today to get some answers
on what the plan is. Mr. Dechant expressed concern regarding the traffic as well.
Ms. Smith said that this facility is very highly regulated by the Colorado Oil and Gas Conservation
Commissioner (COGCC) and is not aware of any impact studies but is happy to get back with Ms.
Swieter.
Joe Aucoin, 1099 18th St, Denver, Colorado, said that before a permanent structure is placed on site they
will find any pipelines and work with the owner.
Commissioner Berryman asked about the contour of the hill and how it affects visibility as well as the
concern regarding the gulch. Ms. Carter said that there is a gulch adjacent to County Road 49 and they
will work on the drainage associated with that. She added that they are working with the applicant on
lowering the hills and correcting the site distance at the intersection of County Roads 18 and 49.
The Chair asked staff to explain the posting process. Mr. Ogle stated that according to Weld County
Code staff is required to post a sign prior to 10 days of the hearing. The sign for this facility was posted
on Aug. 7, 2013. The Chair added that surrounding property owners within 500 feet of the boundary of the
property are notified of the application as well.
Motion: Amend Condition of Approval 7.A as stated by Staff, Moved by Jason Maxey, Seconded
by Bret Elliott.
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Motion passed unanimously.
Motion: Delete Development Standard 18 per staff recommendation and renumber accordingly, Moved
by Jason Maxey, Seconded by Nick Berryman.
Motion passed unanimously.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
G Motion: Forward Case USR13-0033 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
The Chair called a recess at 2:53 pm reconvened the hearing at 3:06 pm.
I"5' CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR13-0030
70 RANCH LLC, CIO UNITED WATER AND SANITATION DISTRICT
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
ALL BLKS AKA LOTS C & D & ADJACENT DAVIES AVE & ADJ ALLEY - L1 TO
L9 BLK5 & ADJACENT CASTLE AV & ADJ ALLEY - L1 TO L15 BLK4 &
ADJACENT CASTLE AV & ADJACENT DAVIES AV & ADJ ALLEY; PART OF
SECTION 34; T5N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 67; SOUTH OF AND ADJACENT TO CR
380.
Chris Gathman, Planning Services, presented Case USR13-0030, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter was signed by a group of three (3) property
owners that outlined a number questions concerning how much traffic, where the water will come from
and the impact on adjacent wells, noise from the facility, lighting, enforcement of truck route and the
speeding and dust from the truck route. The applicant did respond to these questions and said that they
can provide signage and notification to trucking companies that they cannot go west on County Road
380. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. The site is located in a designated floodplain and the applicant has applied for and
has been conditionally approved for a Flood Hazard Development Permit.
Commissioner Lawley asked to clarify the haul route because Ms. Hansen said that 20% of the traffic will
be going west and the applicant said that they will not be traveling west out of the facility. Ms. Hansen
said that it is part of the improvements agreement negotiation and goes before the Board of County
Commissioners for approval.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
V Drew Damiano, United Water and Sanitation District, stated that they are proposing a water depot
for the use of oil and gas support. This site is approximately 500 feet from the nearest residence. They
do have a well that they test pumped in this area for approximately 48 hours at 3,000 gallons per minute
and saw it drawdown from anywhere between 0 to 10 inches. Mr. Damiano provided a visual slide of the
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designated haul route and stated that they will try to force the truck traffic to go east on County Road 380
to the paved County Road 69 roadway.
Mr. Damiano said that they did reply to the referral agency and surrounding property owner comments.
He said that at the maximum they could fill 12 trucks per hour in the future. The water depot will be open
24 hours a day but it is anticipated that the majority of the trucks will use the water depot during the day.
The traffic will come in the west entrance and will turn east away from the residences to help mitigate the
lights shining in the homes to the west. Commissioner Maxey asked if they have considered putting any
opaque screening on the west side. Mr. Damiano said that they would consider that to further protect the
residences.
Commissioner Smock asked if there is a reclamation plan. Mr. Damiano replied that they will reclaim the
site; however they always anticipate a need to utilize this site for oil and gas operations or for agricultural
activity. Mr. Gathman said that they could add this as a development standard.
Commissioner Elliott asked what recourse the surrounding landowners would have if their wells are
affected. Mr. Gathman said that the Division of Water Resources would be notified and the applicant
would be required to go through a state process.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Bryan Giggy, 33216 CR 380, Kersey, Colorado, said that he has a very shallow well (8 feet deep) and
asked what his recourse is after this depot starts and his well goes dry. Mr. Giggy said that they were told
that 100 percent of all traffic would go to the east and that they would make it impossible for the trucks to
turn west. He expressed concerned with the children playing in the area to the west of the site.
David Dechant, 8029 CR 39, Ft. Lupton, Colorado, asked if the applicant is 70 Ranch or United
Water and Sanitation. He was involved in a water court case that turned out very badly for him. The
Chair asked Mr. Dechant to state his concerns specific to this case. Mr. Dechant had no further
comment.
Mr. Damiano said that they will go through the Division of Water Resources to get the well permit.
After they drill the well they will have it test pumped to see what the drawdown is for this specific site and
then determine how much can actually be pumped out of that well. He added that they do not want to
adversely affect any of the adjacent landowners. Mr. Damiano indicated that the applicant does not
intend to exceed 75 round trips per day.
The Chair asked to clarify the number of truck trips. Mr. Gathman said that according to Development
Standard 17 they are allowed 75 truck round trips per day and any increase beyond that could lead to the
requirement for additional road improvements. If the applicants intend to go over the 75 trips per day they
will need to come back and request an amendment to the land use permit.
"' The Chair noted that there was some discussion of adding a development standard in regard to
reclamation. Mr. Gathman said that we can add a condition of approval to read "The applicant shall
submit a reclamation plan detailing how the site will be reclaimed in the event the use is abandoned."
Motion: Add Condition of Approval as stated by Staff, Moved by Jason Maxey, Seconded by Nick
Berryman.
Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
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Motion: Forward Case USR13-0030 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
Commissioner Maxey encouraged the applicant to talk with the residents and install screening to the west
if necessary.
Nvi> CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LOCATION:
MET13-0001
PLATTE VALLEY PARK AND RECREATION; C/O BRENT BUTZIN
MICHELLE MARTIN
A SERVICE PLAN FOR THE PLATTE VALLEY RECREATION DISTRICT
COEXTENSIVE WITH THE BOUNDARIES OF THE PLATTE VALLEY SCHOOL
DISTRICT WELD RE -7
Commissioner Maxey stated that he lives within the boundaries of this proposed district and has been
part of some conversations prior to knowing this was going to be heard by the Planning Commission. He
stated that he would like to recuse himself from this case.
Commissioner Sparrow said that he attended a meeting as an observer only. The Planning Commission
didn't have a problem with him hearing this case.
Commissioner Berryman said that he lives within the district and has some conversations about some
real estate listings he had a while ago. However, he added that he believes that he can be fair and
objective to this case. Commissioner Jemiola commented that he thought perhaps Mr. Berryman should
recuse himself if they had discussions in regard to real estate but deferred to the County Attorney.
Commissioner Berryman clarified that the conversation was for a real estate listing that he no longer has
and he does not represent the client. Brad Yatabe, County Attorney, stated that he understands Mr.
Berryman has no financial interest in this matter. Commissioner Jemiola stated that he understands and
believes that Mr. Berryman will be fair and impartial.
Michelle Martin, Planning Services, presented Case MET13-0001, reading the recommendation and
comments into the record. Ms. Martin noted that she provided copies of some letters that were received
today in regard to this case. The Department of Planning Services recommends approval of this
application. If this case is approved by the Board of County Commissioners this will need to go to the
election of the people in the district.
Commissioner Jemiola asked what the population is in this district. Ms. Martin was unsure of that answer
and deferred to the applicant.
Commissioner Wailes asked for a brief recess to review the handouts provided by Ms. Martin. The Chair
called a recess at 4:13 pm and reconvened the hearing at 4:21 p.m.
re Bill Ankele, White, Bear and Ankele, introduced Brent Butzin from his office as well and Dee
McDaniel who is part of the organizing committee.
Deanna McDaniel, 33389 CR 57, Gill Colorado, stated that they have held community meetings since
August 2012 to organize a recreation district. Additionally, they have met with the Town Board and
answered any concerns that they had. They have met with the School Board, Fire Board, Senior Citizens
group and have also collected surveys from parents within the school district.
Ms. McDaniel stated that they want to offer an environment not only for kids but for all adults and seniors
in the community and create an affordable facility to promote the active lifestyle. She added that a lot of
kids in this area have no way to participate in a facility like this because there is no transportation with
both parents are working.
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Ms. McDaniel pointed out that the High Plains Library District is excited about this facility as they are
looking to expand their offerings in the Kersey area. She said that there is a positive impact along with
this plan. She added that they plan to bring jobs in as well as additional business opportunities within the
Kersey and Gill areas.
In response to Commissioner Jemiola's question, Ms. McDaniel replied that there are 4,500 people within
the school district. Additionally, there were 1,600 notices that were sent to residences about this hearing.
Commissioner Lawley asked what the feedback is from the Town Board and various other boards that
they approached. Ms. McDaniel said that they have all given positive feedback to the organization.
Commissioner Berryman asked if they plan to build in phases or if the facility will be built immediately.
Ms. McDaniel stated that they don't have a footprint as to what the building would look like; however they
have included in the service plan what they envision it to be.
Mr. Ankele said that his office drafted the service plan based upon a Weld County model. Access to
low interest rate tax-exempt financing and improvements are paid for by property owners. The district is
governed from a 5 member board.
Mr. Ankele said that with this service plan agricultural property, of which is 40 acres or more, is not taxed.
He reiterated that surface estate is not subject to the district property taxes. In response to Commissioner
Jemiola's inquiry, Mr. Ankele said that the structures would not be taxed unless there was a separate
legal description for the home, etc. He said that upon research they have found some of the proposed
district overlays the Sand Hills Metro District; therefore they are not able to tax those areas and they will
be exempted out of the district.
Mr. Ankele stated that from the feedback that they have received they are actively looking at putting in a
lower mill levy cap for both debt service and for operations. No number has been settled yet and added
that if the mill levy is too low they will get hit with a penalty in interest rate. The estimated mill levy is 3
mills for the debt service and 3 mills for the operations. Therefore according to the value of a $200,000
home, the amount at 3 mills each for the debt service and the operation is approximately $4.00 per
month. Additionally, they will structure the debt so that they can prepay.
Mr. Ankele said that one of the requirements to organize the district is the signing of a petition that is
presented to the District Court which then calls an election to organize the district and to vote for the tax
and spending questions. In order to get to that process 200 signatures are required on a petition. Mr.
Ankele stated that to date they have received 220 signatures.
=` Commissioner Jemiola asked why they don't put a recreation center in Kersey to support the
residents of Kersey. Mr. Ankele said that they selected the district boundaries based on the school
district boundaries because the essential logic seemed to fit.
Commissioner Lawley asked if they have done any outreach beyond the 1,600 people and the Town of
Kersey. He further asked if the signatures that were collected were from in the Town of Kersey. Ms.
McDaniel said that they have not driven around to every house within the district. She lives 8 miles north
of Kersey and the people that she has been talking to are all coming into Kersey. She added that the
majority comes from Gill and attends practices for their children. They have been having the petition at
those practices and at the Kersey Days where there were residents and non-residents of Kersey.
Additionally, she has personally reached out to those not in the Kersey proper.
Commissioner Berryman asked if they will be receiving any revenues from the High Plains Library District
if they will be partnering with them. Mr. Ankele said that amount is to be negotiated; however the joint
use agreements that they have worked on for other jurisdictions tend to involve some payment for the
benefit of service.
Commissioner Lawley asked how much land the Sand Hills Metro District covers. Mr. Ankele said he
thought it was around 15,000 acres.
8
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Doug Meyer, 1409 44th Avenue Court, Greeley, Colorado, stated that he is here to represent the Ed
Meyer family who fives at 29975 CR 59. Mr. Meyer noted that their address is Greeley but they live 4.5
miles southeast of Gill or 9 miles east of Greeley. He stated that they submitted a letter to the Clerk to the
Board to request that as an owner of more than 40 acres of agriculturally zoned land that they be
excluded from the proposed Platte Valley Park and Recreation District including their surface and
subsurface property. They are opposing this proposal because they will not be using the facility and don't
feel they should have to pay for it.
Commissioner Sparrow understood that from the presentation that anything over 40 acres would be
exempt. Mr. Meyer stated that is what the plan states but when he contacted the Town Clerk of Kersey
he was told that they would be taxed.
V Connie Mizner, 28930 CR 62, stated that she lives in the district. She said that when it comes
down to providing for your community she feels it is their responsibility to volunteer. She stated that the
Town of Kersey has a 63.35 mill levy and outside in the agricultural areas it is 46.145 mills.
Commissioner Jemiola asked if she felt the facilities in Greeley are adequate. Ms. Misner replied yes. Mr.
Jemiola asked how far away she lived from Greeley. Ms. Misner said she lives 17 miles from the west
side of Greeley.
L'°- Timothy Phippard, 407 2nd St, Kersey, stated that he hasn't received a survey or any seen a notice
at the post office; however he did receive a letter for the hearing. He said that there are 1300 residents in
Kersey and believes that there is no need for it. He added that there is recreation through the school and
through the Town of Kersey.
Commissioner Jemiola asked if the recreational opportunities and facilities are adequate within the Town
of Kersey. Mr. Phippard replied yes.
t Don Loloff, 25461 CR 50, Kersey stated that he has been a resident for 54 years. He had heard of
this proposal for some time and added that he hasn't petitioned to be excluded from the district but
understands that he has 3 days to complete it and intends to. He is opposed to this proposal because he
believes it is a burden on the taxpayer.
Commissioner Jemiola asked if the recreational opportunities and facilities are adequate in his area. Mr.
Loloff replied yes. He added that he won't use it and feels that they should not have to pay if they will not
use it.
• Brian Giggy, 33216 CR 53, stated that he doesn't believe what is being proposed is necessary. He
asked if there will be an additional charge when you want to use the facility.
Commissioner Jemiola asked if the recreational opportunities and facilities are adequate in his area. Mr.
Giggy replied yes.
• Patricia Grisham, 23900 CR 34.5, stated that she lives on 8 acres. Ms. Grisham stated that she
agrees that if you want to use it you should pay for it.
• Mr. Ankele said that with regard to notices they followed Weld County Policy on issuing notices.
They also published notices in the Herald Voice and the Greeley Tribune. Additionally, they are following
the notice requirements set forth in State Statute as well as Weld County Policy for purposes of the
conduct of this hearing. He added that State Law requires that notice is required for the Board of County
Commissioners hearing and not the Planning Commission; however they felt that they would notice this
meeting as well.
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Mr. Ankele said that according to State Statute it says that any tract of land 40 acres or more in size that
is zoned agricultural is not included within the taxing boundaries of the district. The surface estate is not
included in the boundaries but the subsurface (oil and gas) is included within the taxing properties.
Property owners as well as any renters who are registered within the taxing district are able to vote. With
regard to the need of the facility, Mr. Ankele said that we have heard from varying views but we are
missing 220 petitioners that are not here today.
Brent Butzin clarified that they have worked closely with the County Assessor's office and they
understand that if you have 40 acres or more and it is used primarily for agriculture then you would not be
subject to taxes for this district.
Ms. McDaniel noted that they are also taxed for Aims Community College and at this point they do not
use it. However in the future it could possibly benefit her children or grandchildren. She stated that the
value of gas is $3.50 per gallon and added that going 9 miles going back and forth from Greeley to
Kersey is expensive. She added that they are only proposing $4 per month.
Ms. McDaniel emphasized that this will only raise the value of the property she currently owns and it will
hopefully encourage other people to come into this community. She added that they are trying to provide
more opportunities in the area.
Motion: Forward Case MET13-0001 to the Board of County Commissioners along with the Planning
Commission's recommendation of denial, Moved by Jordan Jemiola, Seconded by Bret Elliott.
Included in Commissioner Jemiola's motion, he stated that he believes there is currently a sufficient
organized service in the area based on the proximity of the Greeley Recreation Center being 9.5 miles
away as well as statements made today that the Town of Kersey does have a recreation program.
Included in Commissioner Elliott's motion, he said that he believes that if Kersey wants a recreation
center then the residents should pay for it since they will be the primary beneficiary. If it was important to
the 220 people who signed the petition then we should have heard from them today.
Commissioner Smock felt that if she is going to use something she should pay for it but if she is not going
to use it then she should not have to pay for it.
Commissioner Berryman said that with 220 petitioners it is significant enough to allow them the
opportunity to put this on the ballot for the people in the district.
Commissioner Wailes said that he feels it is important for a recreation district to be established to provide
activities that aren't already being provided so he would love to see a compromise where we are not
discussing the construction of a facility but the establishment of an organization that can facilitate
programs for the area. He is torn on this matter because he doesn't necessarily want to be taxed for
something that he might not use but if he can pay a little bit to provide a program for a senior citizen or a
child who may not be able to get into the bigger cities to participate he is in favor for that. He would like to
see the formation of the district make it to the ballot.
Commissioner Sparrow said that he is torn on this issue as well. He added that we have heard from the
opposition but they haven't heard from anyone passionate enough to come and speak in support of it and
wished that they would have come to speak on that behalf.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Bret Elliott, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley.
No: Michael Wailes, Nick Berryman.
Absent: Jason Maxey.
Commissioner Lawley agreed that there are services available and added that the district is a very large
district with several people who will get taxed and won't use those services.
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The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 6:12 pm.
Respectfully submitted,
/ (����// "� Digitally signed by Kristine Ranslem
�r p\i696 `1�k�I"L�K-tn,t. Date: 2013.09.0914:00:19-06'00'
Kristine Ranslem
Secretary
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