HomeMy WebLinkAbout20132578.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: MET13-0001
APPLICANT: PLATTE VALLEY PARK AND RECREATION; C/O BRENT BUTZIN
PLANNER: MICHELLE MARTIN
REQUEST: A SERVICE PLAN FOR THE PLATTE VALLEY RECREATION DISTRICT
LOCATION: COEXTENSIVE WITH THE BOUNDARIES OF THE PLATTE VALLEY SCHOOL
DISTRICT WELD RE -7
be recommended unfavorably to the Board of County Commissioners for the following reasons:
The Planning Commission stated that there are services available and added that the district is a very large
district with several people who will get taxed and will not use those services.
Motion seconded by Bret Elliott.
VOTE:
For Denial
Bret Elliott
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Mark Lawley
Against Denial Absent
Michael Wailes
Nick Berryman
Benjamin Hansford
Jason Maxey
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 3, 2013.
Dated the 3r° offSeX�t Dintnt, September, 2013.
Digitally signed by Kristine
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Ranslem
Date: 2013.09.10 07:16:40 -06'00'
Kristine Ranslem
Secretary
EXHIBIT
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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.
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.
CASE NUMBER: MET13-0001
APPLICANT: PLATTE VALLEY PARK AND RECREATION; C/O BRENT BUTZIN
PLANNER: MICHELLE MARTIN
REQUEST: A SERVICE PLAN FOR THE PLATTE VALLEY RECREATION DISTRICT
LOCATION: COEXTENSIVE WITH THE BOUNDARIES OF THE PLATTE VALLEY SCHOOL
DISTRICT WELD RE -7
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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.
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.
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.
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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.
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 lives 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.
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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.
Timothy Phippard, 407 2n° 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.
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.
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.
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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.
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,
Kristine Ranslem
Secretary
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