HomeMy WebLinkAbout20132579.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
August 25, 2013
Platte Valley Park and Recreation District Service Plan
do Brent E. Butzin. Esq.
White Bear Ankele Professional Corporation Attorneys at Law
2154 E. Commons Ave, Suite 2000
Centennial, CO 80122
Subject: Platte Valley Park and Recreation District Service Plan
Boundaries: Approximately 182,897 acres which are coextensive with the boundaries of the Platte Valley
School District Weld RE -7.
Dear Mr. Butzin:
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 3, 2013, at 1:30 p.m and a Board of County Commissioner hearing on
September 16, 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 7/16/13
• Weld County Department of Public Health & Environment, referral dated 8/13/13
• Weld County Attorney, referral dated 7/31/13
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Without Comment:
• Platte Valley Fire Protection District, referral dated 7/17/13
• West Greeley Soil Conservation District, referral dated 7/18/13
• High Plains Library District, referral dated 7/22/13
• Town of Kersey, referral dated 8/14/13
• Weld County School District RE -7, referral dated 7/25/13
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriff's Office
• State of Colorado Department of Local Affairs
• Weld County Department of Public Works
• AIMS Community College
• Weld County Office Emergency Management
• LaSalle Fire Protection District
• Weld County Assessor's Office
• State of Colorado Oil and Gas Conservation Commission
• Southeast Weld Fire Protection District
• Briggsdale Fire Protection District
• Galeton 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 Platte Valley 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:
1. 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 Platte Valley 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.
(b) The existing service in the area to be served by the proposed special district is
inadequate for present and project needs.
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.
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(c) The proposed special district is capable of providing economical and sufficient service to
the area within its proposed boundaries.
The referral dated July 16, 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. D.A. Davidson & Co., 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 90% reliant upon the assessed value of oil and gas production the conservative
nature of the estimates are prudent."
Mr. Warden continues, "D.A. Davidson & Co. is listed as a bond dealer/underwriter in the
Spring 2013 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 Platte Valley
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 16, 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. D.A. Davidson & Co., 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 90% reliant upon the assessed value of oil and gas production the conservative
nature of the estimates are prudent."
In 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.
2. 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:"
(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.
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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 16, 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 Platte Valley Recreation District is only anticipating 3 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 30 years, which conforms to the county code."
In a referral dated 8/14/2013 the Town of Kersey has indicated they have no conflicts
with the proposed service plan.
(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.
The Platte Valley Park and Recreation District Building will be served by an 8 inch water
tap.
(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 13,
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 include; gymnasiums, walking track, cardio/weight facilities, community rooms,
childcare/preschool space, senior area, locker facilities, and indoor pool, associated
outdoor facilities.
The proposed Platte Valley Recreation District will promote healthy lifestyles and may
reduce health care costs by providing opportunities for regular exercise."
The proposed service plan states, "currently the childhood obesity rate in the Platte
Valley community is greater than 40% and rising. The goal of the district will be to purse
the growth of the current programs and create new programs offerings in the Northern
Colorado Region with the intention of promoting health, fitness, and an active lifestyle for
all community members and visitors."
The proposed Service Plan and special district will be in the best interests of the area
proposed to be served and are in the interest of Weld County.
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 proposal states, "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."
(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 182,897 acres of land.
The current assessed valuation of the Service Area is assumed to be $413,000,000 for
purposes of this Service Plan (which is less than the 2012 certified assessed valuation of
$729,670,500, to account for fluctuations in assessment of mineral interests), and is
sufficient to reasonably discharge the Debt as demonstrated in the Financial Plan."
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(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 -
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 Platte Valley 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.
As discussed, the Special District request is scheduled to be heard by the Planning Commission on
September 3, 2013 at 1:30 p.m and a Board of County Commissioner hearing on September 16, 2013 at
9:00 a.m. Both hearing 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
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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
July 16, 2013
BRENT BUTZIN
WHITE, BEAR & ANKELE
2154 E COMMONS AVE STE 2000
CENTENNIAL CO 80122
Subject: MET13-0001 - A Service Plan for the Platte Valley Recreation District
Dear Applicants:
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:
Kersey at Phone Number 970-353-1681
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,
Michelle Martin
Planner
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