HomeMy WebLinkAbout20132867.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MET13-0002
APPLICANT: EATON AREA PARK AND RECREATION DISTRICT ORGANIZING COMMITTEE
PLANNER: MICHELLE MARTIN
REQUEST: A SERVICE PLAN FOR A PARK AND RECREATION SPECIAL DISTRICT
LEGAL: A PARCEL OF LAND BEING PART OF THE SW1/4 OF SECTION 36, TOWNSHIP
7 NORTH, RANGE 66 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 36 AND
ASSUMING THE WEST LINE OF SAID SW1/4 AS BEARING NORTH 03
DEGREES 54 MINUTES 25 SECONDS EAST, BEING A GRID BEARING OF THE
COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH
AMERICAN DATUM 1983/92, A DISTANCE OF 2664.11 FEET WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO FROM SAID
SOUTHWEST CORNER THE SOUTH QUARTER CORNER OF SAID SECTION 36
BEARS NORTH 88 DEGREES 37 MINUTES 54 SECONDS EAST A DISTANCE
OF 2891.80 FEET; THENCE NORTH 03 DEGREES 54 MINUTES 25 SECONDS
EAST ALONG SAID WEST LINE A DISTANCE OF 2583.78 FEET TO A POINT 80
FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID SW1/4; THENCE NORTH 88 DEGREES 42 MINUTES 34
SECONDS EAST ALONG A LINE 80 FEET SOUTHERLY OF AS MEASURED AT
RIGHT ANGLES TO THE NORTH LINE OF SAID SW1/4 A DISTANCE OF 1628.17
FEET TO THE WEST LINE OF NORTHWEST SUBDIVISION THIRD FILING
(NSTF) AS RECORDED SEPTEMBER 13; 1977 IN BOOK 808 AS RECEPTION
NUMBER 1730237 OF THE RECORDS OF THE WELD COUNTY CLERK AND
RECORDER (WCCR); THENCE SOUTH 01 DEGREES 23 MINUTES 41
SECONDS EAST ALONG THE WEST LINE OF SAID NSTF AND THE WEST LINE
OF CENTENNIAL SUBDIVISION AS RECORDED OCTOBER 20, 1992 IN BOOK
1355 AS RECEPTION NUMBER 02307384 OF THE RECORDS OF THE WCCR A
DISTANCE OF 2570.63 FEET TO THE SOUTH LINE OF SAID SW1/4; THENCE
SOUTH 88 DEGREES 37 MINUTES 54 SECONDS WEST ALONG SAID SOUTH
LINE A DISTANCE OF 1866.90 FEET TO THE POINT OF BEGINNING, COUNTY
OF WELD, STATE OF COLORADO.
LOCATION: COEXTENSIVE WITH THE BOUNDARIES OF THE WELD COUNTY SCHOOL
DISTRICT RE -2.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
The Planning Commission stated that there are existing services available and struggles with taxing everyone
when some will not use those services. They added that they are concerned that because most of the
population of the district lives in Eaton it does not represent the district as a whole.
Motion seconded by Bret Elliott.
VOTE:
For Denial
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Mark Lawley
Against Denial Absent
Jason Maxey
Michael Wailes
Nick Berryman
2013-2867
RESOLUTION MET13-0002
EATON AREA PARK AND RECREATION DISTRICT ORGANIZING COMMITTEE
PAGE 2
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 17, 2013.
Dated the 17th of September, 2013.
Digitally signed by Kristine Ranslem
Date: 2013.09.23 08:53:08 -06'00'
Kristine Ranslem
Secretary
PC manu,m q//7//3
Motion: Add Condition of Approval 1.J.9 as stated by staff, Moved by Jason Maxey, Seconded by
Benjamin Hansford.
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.
Motion: Forward Case USR13-0042 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0041
APPLICANT: UNITED SURFACE AND MINERALS LLC; C/O SELECT ENERGY SERVICES
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND WATER
RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND
TRUCK TANKER WASHOUT FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: W2 SECTION 35, T8N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 88 SECTION LINE; EAST OF AND
ADJACENT TO CR 105.
For the record, Commissioner Maxey noted that he drove by the site today.
Kim Ogle, Planning Services, presented Case USR13-0041, 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.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Jim Goddard, Select Energy Services, 3031 1st Avenue, Greeley, Colorado said that they are proposing a
Class II Water Disposal facility with future recycling of the water on location.
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: Forward Case USR13-0041 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 Jason Maxey, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: MET13-0002
EXHIBIT
-00N-
APPLICANT: EATON AREA PARK AND RECREATION DISTRICT ORGANIZING
COMMITTEE
PLANNER: MICHELLE MARTIN
REQUEST: A SERVICE PLAN FOR A PARK AND RECREATION SPECIAL DISTRICT
LEGAL: A PARCEL OF LAND BEING PART OF THE SW1/4 OF SECTION 36,
TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P. M., COUNTY
OF WELD, STATE OF COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID SECTION 36 AND ASSUMING THE
WEST LINE OF SAID SW1/4 AS BEARING NORTH 03 DEGREES 54
MINUTES 25 SECONDS EAST, BEING A GRID BEARING OF THE
COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE,
NORTH AMERICAN DATUM 1983/92, A DISTANCE OF 2664.11 FEET
WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO FROM SAID SOUTHWEST CORNER THE SOUTH
QUARTER CORNER OF SAID SECTION 36 BEARS NORTH 88
DEGREES 37 MINUTES 54 SECONDS EAST A DISTANCE OF 2891.80
FEET; THENCE NORTH 03 DEGREES 54 MINUTES 25 SECONDS
EAST ALONG SAID WEST LINE A DISTANCE OF 2583.78 FEET TO A
POINT 80 FEET SOUTHERLY OF AS MEASURED AT RIGHT ANGLES
TO THE NORTH LINE OF SAID SW1/4; THENCE NORTH 88
DEGREES 42 MINUTES 34 SECONDS EAST ALONG A LINE 80 FEET
SOUTHERLY OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID SW1/4 A DISTANCE OF 1628.17 FEET TO THE WEST
LINE OF NORTHWEST SUBDIVISION THIRD FILING (NSTF) AS
RECORDED SEPTEMBER 13; 1977 IN BOOK 808 AS RECEPTION
NUMBER 1730237 OF THE RECORDS OF THE WELD COUNTY
CLERK AND RECORDER (WCCR); THENCE SOUTH 01 DEGREES 23
MINUTES 41 SECONDS EAST ALONG THE WEST LINE OF SAID
NSTF AND THE WEST LINE OF CENTENNIAL SUBDIVISION AS
RECORDED OCTOBER 20, 1992 IN BOOK 1355 AS RECEPTION
NUMBER 02307384 OF THE RECORDS OF THE WCCR A DISTANCE
OF 2570.63 FEET TO THE SOUTH LINE OF SAID SW1/4; THENCE
SOUTH 88 DEGREES 37 MINUTES 54 SECONDS WEST ALONG SAID
SOUTH LINE A DISTANCE OF 1866.90 FEET TO THE POINT OF
BEGINNING, COUNTY OF WELD, STATE OF COLORADO.
LOCATION: COEXTENSIVE WITH THE BOUNDARIES OF THE WELD COUNTY SCHOOL
DISTRICT RE -2.
The Chair called a recess at 4:09 pm and reconvened the hearing at 4:18 pm.
Michelle Martin, Planning Services, presented Case MET13-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application.
Commissioner Sparrow asked how many square miles this district covers. Ms. Martin stated that it covers
230 square miles.
Don Warden, County Finance Director, said that this district is asking for 3.924 mill debt service over a 25
year period and 3 mils for operations and added that the 25 years is reasonable as far as the debt service
is concerned. The feasibility of this is really very dependent upon the fact that 74 percent of the assessed
value is oil and gas. He cautioned that oil and gas has a lot of volatility either by price or by production
and added that with the 25 year period with what is going on in the county right now it is a reasonable
assumption to assume that that assessed value will hold during that 25 year period. Mr. Warden stated
that he would like to leave the caveat open that if there was a movement of large property owners to
exclude their surface and mineral owners they would need to review the financial feasibility of this.
Commissioner Smock clarified if the landowners can exclude their surface and mineral rights as well. Mr.
Yatabe said that there is an ability with special districts for owners of both surface estate and the mineral
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rights to petition for exclusion. The burden is on the applicant to come before the Board of County
Commissioners to prove the exclusion of the property is not in the best interest of the special district.
Mr. Yatabe explained that if a parcel is 40 acres or more in size with agricultural zoning that parcel is
automatically excluded. This does not include subsurface mineral rights. He emphasized that this
mineral interest notice is not discussed in the state statute. He added that if you have a 40 acre parcel
with a residence on that then it would not be taxed separately; however if it was on a smaller parcel then
it would be taxed.
In response to Commissioner Jemiola's inquiry, Ms. Martin said that it is approximately 20 miles from the
farthest point of the school district to the Town of Eaton.
Randy Miller, Superintendent of RE -2 School District, 1165 (inaudible) Road, stated that 3,385 notices
were sent out to the district. He added that the bonding company is estimating $3.50 per month for
property worth $100,000 in value.
They had a company do a survey of the school district buildings and how close we are at capacity. He
added that if they were going to expand what would be the best possible move to expansion. From the
results from this survey they have identified an area west of Eaton. The School district said that it made
sense to purchase the 100 acres for future school growth with the proposed recreational center on
approximately 30 acres of the site.
Mr. Miller said that one of the issues is that the facilities at the school are used all day long and the
recreation facility would allow the school district to utilize the facility. After sending a survey out to the
community, they felt that this recreation facility is needed for more than just sports and found that they
would like to have rooms that would accommodate meetings, weddings, etc. They intend to have this on
the ballot for vote in May.
Commissioner Jemiola asked what the population of Eaton is.
Scott Moser, Mayor of Eaton, 100 Walnut Ave, Eaton, Colorado, said that the 2010 census showed 4,500
in the Town of Eaton with the proposed district serving 8,300 people. Commissioner Jemiola showed
9,600 for the school district.
Commissioner Jemiola said that the Greeley recreation center is 7.5 miles from Eaton and said that would
be closer than the 20 miles from the furthest point of the school district to the Town of Eaton. Mr. Jemiola
added that he doesn't think that this proposed facility can service any more adequately than what is
already being serviced. Mr. Moser said that these people are already coming to Town and use the
recreation facilities and programs. He added that the current recreation facilities consist of a multi -use
room that is shared with the police department. Mr. Moser said that they would like to accommodate the
youth service clubs, meetings and weddings that are needed. Mr. Miller said that the kids are already in
Eaton and go into a recreation program after school and it would make sense that it would be located in
Town.
Commissioner Maxey asked if there was a petition drive to see the interest for this within the school
district. Mr. Miller replied no.
Commissioner Lawley said that surveys were sent out and asked who that included. Mr. Miller said that
he would defer to the recreation committee to answer that. Mr. Moser added that there was a facebook
page set up for this for people to comment.
Commissioner Smock said that according to her calculations the surveys show a response of less than
3% and asked what they thought of it. Mr. Miller said that historically they just don't have the community
response.
Commissioner Hansford asked if there is any transportation for any of those people from the farthest point
in the district to the facility. Mr. Moser said that the Town of Eaton does not provide transportation. Mr.
Moser said that to centrally locate the facility would not be feasible.
S
Commissioner Wailes said that through the school district and the municipality you have the power to
construct this facility through your own mechanisms and asked why are you seeking to form a special
district rather than just building it for the Town of Eaton. Mr. Moser said that want to offer it for people
outside of the town limits because they have so many people that come in and utilize those programs.
Mr. Miller said that they may be going to a vote in the next 5 years for a new school and they can only
have so much debt. Mr. Wailes understood the debt limit and asked why the Town of Eaton doesn't
pursue this. Mr. Moser said that they would never be able to build this with just the tax dollars that come
in from Eaton.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Greg Bell, Town Attorney for Severance and Ault, said that he sent in a response to a referral. He said
that Eaton and Severance have a long working history together however the Severance Board of
Trustees were chagrined to find out that a significant portion of eastern Severance is included in this
district and nobody had talked to them at all. Severance has indicated some desire to have its own
recreation district in its boundaries. The Board has not directed him at this point to have this land
excluded from the service plan but they just have not had this communication with the proposed district.
Commissioner Sparrow asked how far Severance is from Eaton. Mr. Bell said that it would be about 4 or
5 miles and added that this facility would be equal distance to the Windsor facility.
Jenny Kennedy, 3213 Grandview Drive, stated that she lives between Greeley and Eaton. She is
concerned that as a homeowner she is opening up herself to financial risk with a mil level of 6.94 but
authorizing up to 50 mils. She supports the idea but is concerned with the financial impact. She lives
equal distance between Greeley and Eaton but the appeal to her is that her kids attend the schools in
Eaton and would be going there.
Kathy French, 38020 CR 45, stated that she lives 6 miles northeast of Eaton and 5 miles northwest of
Galeton. She is concerned that she just received notice on Saturday for the hearing today and doesn't
believe that there was adequate notice to the patrons of the district. She commented that there are
currently boys and girls clubs that use the Galeton facilities. She believes it takes more studies and
interest. She does not feel that it is fair to put the whole 6.94 mils on the back of the landowners. She
added that 30 acres is a lot of land to designate for a recreation district.
Commissioner Jemiola asked if she feels the existing recreation facilities are close enough and adequate
to meet her needs. Ms. French said that she thinks they are but understands that they are pushed to the
limit.
Commissioner Maxey asked what her thoughts are on it going to a vote of the people. Ms. French said
that should have been done in the beginning and feels that there are a lot more answers that need to be
given.
Pat Kindvall, 38012 CR 47, Eaton, Colorado stated that she has worked at the Galeton School so unless
that school closes the buses do not take the kids to Eaton. She wonders how many families could
economically bring their kids into the facility because their parents work. She added that they have had
some after school programs within the last 2 years in Galeton as well. Ms. Kindvall asked if there was a
deadline for land to be exempted. Mr. Yatabe said that the request for land to be excluded needs to be
into the County 10 days prior to the County Commissioner meeting.
Duane Truax, 645 Red Tail Drive, stated that he is a Town Trustee and also serves on the Recreation
Board and is a parent of 2 children who have used the Greeley Recreation Program. He said that
although the Greeley Center is 7 miles away it is not convenient for him to bring his kids into Greeley to
use. There are enough kids in their district to support this proposed facility.
Commissioner Smock asked who will take on the operation of this facility. Mr. Truax said that the
Recreation Board will handle the operation of the facility.
Juliana Coalson, 35735 CR 59, stated that she is on the Board of Education and is a parent as well. With
regard to the Board of Education she said that it was unanimous to support this District and added that it
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was closely looked at and they had lengthy discussions. As a parent from the eastern portion of the
district, she said that access to these facilities in Town will be great. She said that cancelled practices
and double booking is an issue because of the limited facilities. She said most times her 7th grader is up
early for practice before school and added that this facility would be a tremendous benefit for parents.
The Chair called a recess at 6:16 pm and reconvened the hearing at 6:26 pm
Jamie Riggs, 323 Park Avenue, Eaton, Colorado stated that she has witnessed growth and a lot of
change in Eaton. She supports the recreation district and believes the Eaton area has the opportunity to
establish this in an efficient way. She said that although the Greeley recreation center is over 7 miles
away you cannot get there in 15 to 20 minutes. She added that she doesn't have 30 minutes to travel
one way for her kids to be involved in activities.
Kevin Ross, Town Board Member of Eaton, said that he feels this project is worthy. He also has children
that are active in sports. He said that they have enough kids to support this facility and added that they
don't have anything in place right now for the senior citizens to have dinners and congregate and believes
that this facility will give Eaton a place to hold graduations, weddings, etc. He sees this as a most
efficient way for tax dollars and meeting the needs of the community.
Commissioner Maxey struggles with how he can justify someone to pay a permanent tax that may never
use this facility and asked for his opinion. Mr. Ross said that it is a fair question and said that some may
never use that facility but then again some may never use the fire department and hospital. Therefore he
looks at it as an intergovernmental agreement between the School District and the Town.
The Chair asked the applicant to address the questions and concerns from the public comments.
Mr. Moser said that in reference to any grant applications they cannot apply for grants until this district is
established. He added that they see a tremendous need for this facility to serve their citizens need.
Mr. Miller said that communication could have been done differently but they are looking for a May ballot
so that they can hold public meetings and have time to answer more questions.
Commissioner Maxey asked about the difference of 7 to 50 mils and asked about putting a ceiling on that.
Sam Holmberg, 800 (inaudible) Drive, Eaton, Colorado, stated that he is part of the finance subcommittee
of the recreation district and added that there is a full bond amortization schedule in the service plan. The
50 mils is a state statute limit on the total levy. It doesn't mean that this will go up to that as the vote will
actually determine the mil levy.
Commissioner Elliott asked why the letters went out so late. Mr. Holmberg said that according to state
statute there are legal restrictions on when they can send notices out to the public. He added that there
was a large ad in the (inaudible) newspaper.
Commissioner Wailes asked if there will be a use fee to use the facility. Mr. Moser replied yes and added
that they went to several facilities to look at their models.
Motion: Forward Case MET13-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards 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 doesn't believe the recreation center will
adequately service folks to the north and that there are sufficient opportunities such as a swimming pool
and softball and recreation director and other programs available to the citizens of Eaton. He added that
it is a great idea if Eaton wanted to do something like this in their Town.
Commissioner Elliott said that if Eaton wants a recreation center then they should look at something less
ambitious. He supports recreation but feels that this is a grab trying to get somebody else to pay for what
you want.
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Commissioner Sparrow is concerned that there is enough of the population in Eaton to pass this but
everyone in the district would be taxed.
Commissioner Wailes said that he has always been a fan of the recreation districts because they can
provide a value to a community. He added that he would like to see a recreation district established and
trust built within the community with the donations coming forward.
Commissioner Maxey said that he is struggling with charging everyone a tax when they might not have
any benefit from it. He believes in a sense of community and added that if it was in his community he
would use that facility. Additionally, he believes this would spur economic development. In conclusion,
he believes this should be brought to a vote of the people.
Commissioner Berryman said that it comes down to if the service plan is adequate and if it demonstrates
a need for the facility and believes that it comes down to a vote of the people.
Commissioner Smock said that this has been very well thought out but is concerned with the long term of
this taxing district.
Vote: Motion passed (summary: Yes = 6, No = 3, Abstain = 0).
Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley.
No: Jason Maxey, Michael Wailes, Nick Berryman.
The Chair asked the public if there were other items of business that they would like to discuss. Mr.
Truax appreciated the vote and the time this took.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 7:19 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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