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Home My WebLink About20132868.tiffDEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us EMAIL: mmartin@co.weld.co.us PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 September 8, 2013 Eaton Area Park and Recreation District Service Plan Go Dr. Randy Miller 200 Park Avenue Eaton, CO 80615 Subject: Eaton Area Park and Recreation District Service Plan Boundaries: Approximately 230 square miles which are coextensive with the boundaries of the Weld County RE -2 School District Boundaries. Dear Dr. Miller: The Department of Planning Services has reviewed the request for comments in regard to the submitted Metropolitan District Service Plan application. Please consider these comments as an unified response to the Special District Provisions. This request is scheduled before the Weld County Planning Commission on September 17, 2013, at 1:30 p.m and a Board of County Commissioner hearing on October 14, 2013 at 9:00 a.m. Both hearings will take place at the Weld County Administration Building at 1150 O Street, Greeley, CO 80631. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Metropolitan District are listed in Section 32-1-203(2) and Section 32-1- 203(2.5), C.R.S. and Section 2-14-20 through Section 2-14-70 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: With Comment: • Weld County Department of Finance, referral dated 7/26/13 • Weld County Department of Public Health & Environment, referral dated 8/15/13 • Weld County Attorney, referral dated 8/15/13 III) age Without Comment: • Greeley/Western Hills Fire Protection District, referral dated 7/22/13 • West Greeley Soil Conservation District, referral dated 7/18/13 < High Plains Library District, referral dated 7/22/13 < Weld County Sheriffs Office, referral dated 7/18/13 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado Department of Local Affairs • Weld County Department of Public Works • AIMS Community College • Weld County Office of Emergency Management • Eaton Fire Protection District • Weld County Assessor's Office • State of Colorado Oil and Gas Conservation Commission • Ault Fire Protection District • Nunn Fire Protection District • Galeton Fire Protection District • Town of Eaton • Weld County School District RE -2 • Town of Ault • City of Greeley • Town of Severance • Windsor/Severance Fire Protection District The Department of Planning Services in conjunction with the Weld County Attorney's Office and Weld County Finance Department recommend that the Planning Commission approve the attached Service Plan for the Eaton Area Park and Recreation District for the following reasons: It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Title 32 of C.R.S. and Chapter II, Article XIV of the Weld County Code as follows: Section 32-1-203(2) states the Board of County Commissioners shall disapprove the Service Plan unless evidence satisfactory to the Board of each of the following is presented: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district. The proposal identifies that the objective of the District will be to enhance the quality of life and wellness of the Eaton community residents and visitors by providing access to affordable and quality recreational services. The community has expressed the need for a recreation center to expand options for recreation availability, complementing the current school facilities and aiding in the expansion of recreation opportunities. In December of 2012, a survey was conducted by the organizing committee of the district and 249 surveys were completed by residents of the Town of Eaton and surrounding area. The results of the survey indicated that a multi -faceted community/recreation center was desired by the residents. (b) The existing service in the area to be served by the proposed special district is inadequate for present and projected needs. The proposal identifies that there are currently no other governmental entities, including 2IPage the County, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, development and financing of the Public Improvement. (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. The referral dated July 26, 2013 addresses the concerns of Don Warden, Director of Budget and Management Analysis, Mr. Warden states, "The financial portion of the service plan is adequate. George K. Baum & Company, statements of significant assumptions seem reasonable and the pro -forma financial plan prepared seems realistic and feasible. If anything the assessed value assumptions are conservative, but since the proposed district is 74% reliant upon the assessed value of oil and gas production the conservative nature of the estimates are prudent" Mr. Warden continues, "George K. Baum & Company is listed as a bond dealer/underwriter in the Bond Buyers Marketplace Red Book, so they are qualified under the county code to make the financial presentation for the service plan and the data can be relied upon based upon their professional credentials." Mr. Warden also states, "... although the District under state statute is eligible to receive 50% of the per capita amount from the Conservation Trust Fund allocation each year, the District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other funds available from or through governmental or nonprofit entities for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the County. As a result the County will not see any reduction in the County's Conservation Trust Fund allocation, because of the creation of the Eaton Recreation District." (d) 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. The referral dated July 26, 2013 addresses the concerns of Don Warden, Director of Budget and Management Analysis, Mr. Warden states, "The financial portion of the service plan is adequate. George K. Baum & Company, statements of significant assumptions seem reasonable and the pro -forma financial plan prepared seems realistic and feasible. If anything the assessed value assumptions are conservative, but since the proposed district is 74% reliant upon the assessed value of oil and gas production the conservative nature of the estimates are prudent." In the conclusion of Mr. Warden referral he states, "The information presented regarding the statements of significant assumptions seem reasonable and the pro -forma financial plan prepared seems realistic and feasible. Therefore, from review of the service plans I would recommend approval of the service plan based upon my conclusion that the financial matters in the service plans appear to be in conformance with the county's district policies. The financial portion of the service plan is adequate. The main risk financially for this district is its heavy reliance upon oil and gas assessed valuation for property tax revenues to service the debt and generate operating revenues. Because of this fact conservative revenue assumptions are appropriate." Section 32-1-203(2.5) states "the Board of County Commissioners may disapprove the service plan if evidence satisfactory to the Board of any of the following, at the discretion of the Board, is not permitted:" 3 Page (a) Adequate service is not, or will not be, available to the area through the county or other existing municipal or quasi -municipal corporations, including existing special districts, within a reasonable time and on a comparable basis. The proposal identifies that there are currently no other governmental entities including the County, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, development and financing of the Public Improvement. (b) 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 and each municipality which is an interested party under Section 32-1- 204(1). The service plan is in substantial compliance with the Weld County Code with one exception regarding the mill levy limit. But the referral dated July 26, 2013 addresses the concerns of Don Warden, Director of Budget and Management Analysis, Mr. Warden states, "The concerns for the maximum mill levy and debt limits are not as important for a Recreation District. The Eaton Recreation District is only anticipating 3.924 mills for debt and 3 mills for operations in their financial model, which seems realistic. The limits in the county code were for metro districts and really are not applicable here because the limits are much higher than a recreation district would use. That said the financial plan calls for mill levies well within the limits allowed in the code, so I do not see any problem. The duration of the debt is 25 years, which conforms to the county code." The Weld County Department of Planning Services did not receive a referral response from the following municipalities: Towns of Eaton, Ault, Severance and the City of Greeley. (c) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-106, C.R.S. The proposed Service Plan is in conformance with Chapter 22, Article XIV of the Weld County Code. (d) The proposal is in substantial compliance with any duly adopted county, regional, or state long range water quality management plan for the area. The proposed special district will not have an appreciable impact on the water quality. (e) The creation of the proposed special district will be in the best interests of the area proposed to be served. The Weld County Department of Environmental Health in their referral dated August 15, 2013 states, "While Environmental Health cannot address the formation or financial aspect of the proposed District we do support the objective of the District to provide access to affordable and quality recreational services. The draft of the Weld County Department of Public Health and Environment 2012 — 2015 Strategic Plan includes goals and objectives related to improving the health of the community. For example, Goal 3 states: To lessen adverse public health impacts of disease (through prevention). Department -wide objectives from CHIP (Community Health Improvement Plan): By 2015, reduce risks for chronic disease and help residents maintain a healthy body weight through: a. increased access and consumption of healthy and affordable foods in (high need Weld) communities; b. increased access and participation in physical activity among less active adults and children in Weld County; c. Mental health objectives too. The Environmental Health Department encourages active lifestyles. Physical inactivity has contributed to the obesity epidemic in America and is a risk factor in high blood pressure, heart disease, some types of cancer, type 2 diabetes, gallbladder disease, stroke, osteoarthritis, high cholesterol, and other chronic ailments. The proposed District will potentially include; an indoor recreational pool, a large gymnasium(with three volleyball/basketball courts), multi -purpose meeting/group rooms, a competitive swim and dive pool to host high school and swim club meets and practices. Cardio and weight lifting equipment and indoor walking/running track. A kitchen/concession area will be available for programming use. The outdoor facility grounds will potentially include a splash park, walking/biking trails, gazebos, parks and volleyball pits, a youth soccer/lacrosse field and two youth baseball/softball fields. The proposed Eaton Park and Recreation District will promote healthy lifestyles and may reduce health care costs by providing opportunities for regular exercise. 3. Section 2-14-10 of the Weld County Codes states, "The County establishes the following as its policy for the review and approval or disapproval of Service Plans, including any amendment thereof, for Metropolitan Districts and other Title 32 Special Districts. The County generally accepts the formation of the Districts where it is demonstrated that the formation of a District is needed to provide public services or facilities to local development and will result in benefits to existing or future or business owners of the County and the District" (a) Districts will be permitted to conduct ongoing operations and maintenance activities where it can be demonstrated that having the District provide operations and maintenance is in the best interest of the County and the existing or future residents and taxpayers of the District. The purpose of the District is to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate and maintain the Public Improvements and providing corresponding services and programs for the recreation center. (b) For Districts whose primary revenue source is property taxes, District formation will not be favorably received where the future assessed value of all property within the District at full build -out is projected to be less than two million dollars ($2,000,000.00). The two - million -dollar assessed valuation threshold for Districts whose primary revenue source is property taxes will increase biennially to adjust for inflation as depicted in Appendix 2-D. Special circumstances and special cause must be demonstrated for exceptions to be granted. The proposal states, "The Service Area consists of approximately 230 square miles of land. The current assessed valuation of the Service Area is assumed to be $350,000,000 for purposes of this Service Plan and is sufficient to reasonably discharge the Debt as demonstrated in the Financial Plan." (c) Districts, when properly structured, can enhance the quality of growth in the County. The County is receptive to District formation as an instrument to provide competitive financing for projects, build better and enhanced infrastructure, and, where needed, create a quasi- 5lPage governmental entity to provide essential and beneficial services which are otherwise not available and could not be provided by the County or any other existing municipal or quasi -municipal entity, including existing special districts, within a reasonable time and on a comparable basis. It is not the intent of the County to create multiple entities which could be construed as "competing governments. The proposal identifies that the objective of the District will be to enhance the quality of life and wellness of the Eaton community residents and visitors by providing access to affordable and quality recreational services. The community is growing and there are no current resources available in the district for after school programs and summer programs. Senior citizens are also another key component of the community and the current facility and programs are very restrictive due to limited resources. This Service Plan would allow a safe environment for all ages to participate in recreational activities. Additional Comments: The applicant will need to adhere to the Weld County Regulations in term of the Recorded Exemption Process before they acquire the land. The applicant will also need to adhere to all other applicable Weld County requirements for the development of the facility. As discussed, the Special District request is scheduled to be heard by the Planning Commission on September 17, 2013 at 1:30 p.m and by the Board of County Commissioners on October 14, 2013 at 9:00 a.m. Both hearings will take place at the Weld County Administration Building at 1150 O Street, Greeley, CO 80631 This letter and recommendation will be forwarded to the Weld County Planning Commission as the basis of their deliberation. If you have any questions about this staff analysis or County comments, please do not hesitate to call me at 970-353-6100, ext. 3540. Sincerely, Michelle Martin Planning Manager 6 PagC July 18, 2013 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3571 FAX: (970) 304-6498 DR. RANDY MILLER 200 PARK AVE EATON CO 80615 Subject: MET13-0002 - A Service Plan for the Eaton Park and Recreation District Dear Applicant: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s) for their review and comments: Ault at Phone Number 970-834-2844 Eaton at Phone Number 970-454-3338 Severance at Phone Number 970-686-1218 Greeley at Phone Number 970-350-9741 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.07.18 08:50:05 -06'00' Michelle Martin Planner Hello