HomeMy WebLinkAbout20110652.tiff 362
RE-RECORDING WITH CORRECT ATTACHMENT
A Corrected Resolution was recorded in the Weld County Clerk and Recorder's Office on
August 17, 2011, under Reception Number 3786555 ("Corrected Resolution"). The
Corrected Resolution contained an incorrect version the attachment labeled "NIOBRARA
ENERGY PARK PUC —ALLOWED COMMERCIAL AND INDUSTRIAL USES". The
Corrected Resolution is now being re-recorded to show the correct version of the said
attachment, as authorized by the Weld County Commissioners on August 16, 2011.
AHD 11111111111111111111111111111111111111111
3789362 08/30/2011 03:39P Weld County, CO
1 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
&C/A L O
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CORRECTED RESOLUTION
(Corrected to state the terms and conditions of the original
approval of Change of Zone, PZ-1158)
RE: GRANT CHANGE OF ZONE, PZ#1158, FROM A(AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH C-3 (BUSINESS
COMMERCIAL)AND I-3(INDUSTRIAL)USES,FOR NINE(9)PARCELS OF 35 ACRES IN
SIZE OR GREATER, OPEN SPACE,AND CONTINUING OIL AND GAS PRODUCTION-
RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 16th day of March, 2011, at 10:00 a.m.,for the
purpose of hearing the application of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC, c/o
Craig Harrison, 2725 Rocky Mountain Avenue, Suite 400, Loveland, Colorado 80538, requesting
Change of Zone, PZ#1158, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District with C-3 (Business Commercial) and 1-3 (Industrial) uses, having
nine (9) parcels of 35 acres in size or greater, open space, and continuing oil and gas production—
Niobrara Energy Park, for a parcel of land located on the following described real estate, to-wit:
All of Section 19, Township 11 North, Range 66 West
of the 6th P.M., Weld County, Colorado, and
WHEREAS, the applicant was present and represented by Fred Otis, 1812 56th Avenue,
Greeley, CO 80634,
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
— d said Change of Zone, and
S WHEREAS,the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld County
o c Planning Commission and, having been fully informed, finds that this request shall be approved for
i the following reasons:
�3� 1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
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=1
- C 2. The request is in conformance with Section 27-6-120.D as follows:
o
o a. Section 27-6-120.D.5.a - The proposal is consistent with any
co Intergovernmental Agreement in effect influencing the PUD,and Chapter 19
•• cc (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
N Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use
-CO m N Development)of the Weld County Code. The proposed site is not influenced
o by an Intergovernmental Agreement (IGA), nor is it located within an Urban
M w Growth Boundary. The proposal is consistent with the aforementioned
documents as follows:
I 1111 1111 111111 tit lIIIIII 1119,1111 1111
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3786555 08/17/2011 01:21P Weld County, CO -aa- I I /g-Si -II 2011-0652
1 0l 25 R 0.00 13 0.00 Steve Moreno Clerk& Recorder PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 2
1) Section 22-2-20.G (A.Goal 7) states, "County land use regulations
should protect the individual property owner's right to request a land
use change." Further, Section 22-2-20.G.1 (A.Policy 7.1), states
"County land use regulations should support commercial and
industrial uses . . . when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The application states
the development is proposed to utilize commercial exempt wells
on 35 acres, and greater tracts of land with expanses of open space
to accommodate the existing topography and the Little Owl Creek
Drainage basin. The proposed development has the support of
public and private research institutions, research foundations,
privately held technology companies, the Northern Colorado
Economic Development Corporation, and Upstate Colorado
Economic Development Organization.
2) Section 22-2-80.F (I.Goal 6) states, "Minimize the incompatibilities
that occur between industrial uses and surrounding properties." The
application states the development is proposed to address the new
energy economy utilizing current and technological advancement
unforeseen in 2011. The tract of land under review is an entire
section that borders State and private lands. All of the adjacent
property owners have been contacted by the applicant; and to the
applicant's best knowledge, the majority lend their full support for the
proposed development as evidenced by signed affidavits in the
application. The applicant acknowledges that permitting of the
development at the final plat application stage will require resolution
of transportation, drainage, utility, waste issues, site specific design
- oc and development of each parcel of land created through the PUD
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a s Final Plat application process.
0 3) Section 22-4-30.F(WA.Goal 6)states,"Development should occur in
•-. 3 d areas where adequate water quantity and quality is currently
- available or reasonably obtainable." Further, Section 22-4-30.F.1
44 2
(WA.Policy 6.1) states, "Applications for proposed development
should fully assess proposed water sources as being adequate in
� terms of the quantity, dependability and quality needed for the
O o proposed use." The Weld County Code indicates applications should
also describe whether the proposed water is currently available for
use or reasonably obtainable. An electronic mail transmission,dated
—oo January 24, 2011, from the County Attorney's office indicates the
requirement of providing adequate water has been satisfied for the
°C purposes of the Change of Zone (COZ). In addition, the application
04 co c materials include evidence that the applicant has a one-half water
5 share of Cache la Poudre Reservoir Company. The referral
mmmMM response dated February 2, 2011, from the Office of the State
Engineer - Division of Water Resources, indicates the submitted
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 3
materials do not qualify as a "subdivision" as defined in
Section 30-28-101(10)(a) Colorado Revised Statutes (C.R.S.). The
proposed source of water for the property is four (4) commercial
exempt wells, permit numbers: 284364, 284365, 284366,
and 284367, which have yet to be constructed. The use of water
from these wells is limited to drinking and sanitary facilities for a
commercial business, and may not be used for domestic, industrial,
landscape irrigation or any other outside purpose. The referral
response dated February 17, 2011, from the Weld County
Department of Public Health and Environment states that Chapter 27
of the Weld County Code has been satisfied in regards to Individual
Sewage Disposal Systems (I.S.D.S.).
4) Section 22-3-60.C (T.Goal 3)states, "Promote a unified,functionally
integrated and coordinated County-wide street and highway system
that moves people and goods in a safe, economical and efficient
manner." Further, Section 22-3-60.C.4(T.Policy 3.4)states, "Ensure
that all road, street and highway facilities are developed, constructed
and maintained in accordance with adopted County standards or
approved alternate development standards. Ensure that road,street
and highway rights-of-way are dedicated or reserved for the public
use." Section 22-3-60.C.5 (T.Policy 3.5) states, "Recognize U.S.
Highway 85 as a key roadway into the County and support its
improvement. Support adjacent commercial and industrial uses in a
s o functional and attractive manner in order to preserve jobs and take
advantage of existing infrastructure." Traffic generated by the
s re proposed development will conform to the recommendations and
o va
requirements of the Weld County Department of Public Works and
�� the Colorado Department of Transportation (CDOT). The referral
0 response dated January 28, 2011,from CDOT states,"CDOT has no
MEN9 w comment regarding the zoning request, but as development moves
o d forward, there will be traffic impacts to U.S. Highway 85 and
3 am potentially Interstate 25. Traffic impacts will need to be identified in a
us ,, traffic impact study and the applicant responsible for their
construction. CDOT looks forward to reviewing that document."
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0
•
5) Section 22-5-120.A (NR.Goal 1) states, "Support efforts to expand
o the responsible use of other natural resources in the County."
o Section 22-5-130 addresses alternative energy resources: "Due to
si o the volatility of traditional energy resources, the County supports and
encourages development and use of alternative energy resources.
CD N Alternative energy sources do not replace the traditional sources of
is 52.5
energy; rather, expanding global energy demands require a "new
energy economy"that supports and enhances traditional sources of
energy."
6) Section 22-5-140 addresses alternative energy resources Goals and
Policies, specifically; Section 22-5-140.A(AE.Goal 1)addresses the
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 4
policy of support and research, development and use of alternative
energy resources. This goal addresses AE.Policy 1.1 through 1.6
paraphrased here: 1.1) attract and encourage alternative energy
support industries that are involved in manufacturing, distribution or
research; 1.2) support the development of biofuels; 1.3)support the
commercial development of wind and solar energy, and 1.4-1.6)
support the development and use of other alternative energy
resources.
7) Section 22-6-20.6.2 (ECON.Policy 2.2) states, "Foster a good
working relationship between the public and private sectors,
recognizing that such a relationship supports economic
development." Section 22-6-20.C.1 (ECON.Policy 3.1) states,
"County activities and regulation should protect the rights of private
property owners and the public health, safety and welfare,
recognizing that these basic rights and protections allow the free
market to prosper and grow the local economy." The application
states the development is proposed to address the new energy
economy utilizing current and technological advancement. Multiple
new technology/green energy commercial applications are being
courted for this proposed energy park. The proposed development
has the support of public and private research institutions, research
foundations, privately held technology companies, the Northern
Colorado Economic Development Corporation, and the Upstate
a 15
Colorado Economic Development Organization, to name a few. All
d letters of support are included in the application materials.
a cc
alas� b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
attisPUD will conform to the Performance Standards of the PUD Zone District
g o contained in Chapter 27, Article II, of the Weld County Code.
U
G, 1) Section 27-2-40, Bulk requirements -- The applicant intends to
adhere to the Commercial (C-3) and Industrial (1-3) Zoning
9.-= requirements, in regards to bulk standards and lot sizes, unless
rti ter,; otherwise specified on the plat. The applicant is seeking latitude to
_ construct facilities that may be similar in use, as defined in the
Business Commercial (C-3)and Industrial(1-3)Zone Districts, and as
c9 o delineated on the Niobrara Energy Park PUD Allowed Uses Table. In
o addition to the specific uses allowed by the Weld County Code, the
za o uses identified herein, considered to be a part of the Colorado New
Energy Economy, are included as an allowed use. The commercial
=m c' component seeks to provide a range of activities and professional
� services, including: stores and shops furnishing services and
rr' merchandise to the general public, and professional offices; data
centers; research laboratories associated with educational
institutions; and microwave, commercial radio, television or
communications transmission or relay towers. The industrial
component is directly related to the production of energy, i.e., wind,
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 5
solar, co-generation, gas, gathering and processing and alternative
energy creation, manufacturing storage and distribution technologies
including a smart grid facility. All uses located within the Commercial
or Industrial Zone Districts will be subject to a Site Plan Review, at a
minimum, and, in some instances, a 1041 Use by Special Review
Permit, as outlined in the Weld County Code or as otherwise
described on the Change of Zone plat land use summary list.
2) Section 27-2-70. Compatibility -- The property is adjoining a large
rangeland and a large-scale energy corridor which includes two (2)
major high-voltage sets of lines, three (3) large-scale high-pressure
gas lines, and one (1) oil pipeline flanks the easternmost property
line. Within 4,000 feet to the east, there exists a national "fiber
highway" of large-scale fiber optic backbone infrastructure. The
Poudre Valley REA has a substation to the south adjacent to the
Western Area Power Administration (WAPA)/Tri-State Generation
and Transmission Line. County Road 126 follows the topography,
high to the east, sloping to the west, and rising again at the curve to
the west towards the Townsite of Carr, Colorado. Carr Townsite is
two(2) miles to the west and the Pawnee grasslands are one(1) mile
to the east. The Cheyenne HUB is two (2) miles to the north-
northeast. The proposed PUD is uniquely located in the near vicinity
of a rapidly expanding oilfield and renewable energy area; near utility
corridors and transportation networks, including the Interstate 25 and
U.S. Highway 85 corridors; and in a strategic location to target energy
a E related industries, support services and an educated workforce of
d public and private researchers, government agency personnel, and
°C industry representatives. This proposed PUD has the potential to
Y enable the "new energy economy" to expand to meet the regional
p energy demands of Weld County, the Northern Front Range, and
n Colorado, while enhancing traditional sources of energy to meet the
" d needs of the present.
g 3) Section 27-6-90, Signage -- The identification sign will meet the
��' height and size requirements of the Weld County Code. Planned
fn
Unit Development signs adhere to the size standards of signs for
=G Commercial and Industrial uses,which is 150 square feet at a height
no greater than twenty-five (25) feet, per Section 23-4-80 and
N Appendix 23-C and 23-D of the Weld County Code. The applicant
— has not specified if entryway signage will be utilized at the two (2)
o proposed points of ingress and egress.
ANN
=c`Q c. Section 27-6-120.D.5.c — The uses which will be permitted shall be
S compatible with the existing or future development of the surrounding area,
as permitted by the existing zoning, and with the future development, as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed PUD is not located within the three(3)
mile referral area or coordinated planning area of any municipality. It is
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
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PAGE 6
located within three (3) miles of the Townsite of Carr, Colorado. The site is
located between Interstate 25 and U.S. Highway 85 on County Road 126,
which is the only paved road connecting two major transportation corridors.
The proposed development is located two (2) miles south of the Cheyenne
HUB and adjacent to two (2) transmission lines and pipeline corridors with
sufficient electrical service from the Poudre Valley REA presently sited on the
south side of County Road 126. Large tracts of rangeland owned by private
and state interests dominate.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards, Article II, of the Weld County Code.
1) Section 27-2-210 -- Water Provisions states, "A PUD Zone District
shall be serviced by an adequate water supply. All PUDs shall be
served by a public water system as defined in this Chapter. An
exception may be granted for nine (9) lots or less when public water
is not available and the PUD results in an intensity of development
that preserves and enhances agricultural lands and production. A
PUD applying for an exception to the public water requirement must
be considered a non-urban scale development as defined in this
Chapter." Note a non-urban scale PUD is nine (9) lots or less, as
defined in the Weld County Code. The Weld County Attorney's
Office has indicated in a referral response, dated January 24, 2011,
that with the safekeeping of the one-half water share of Cache la
D Poudre Reservoir Company, the water is sufficient for the purposes
g of the Change of Zone. The Weld County Department of Public
mim
a Health and Environment has indicated, in a referral response dated
cc
S �0 February 17, 2011, that Chapter 27 of the Weld County Code has
—"= been satisfied in regards to Individual Sewage Disposal Systems
mmi 0°° a.a (I.S.D.S). The Office of the State Engineer — Division of Water
U C
Ug Resources, in the referral response, dated February 2, 2011, stated
°' that "We have reviewed the application for a Planned Unit
.15
War. d -3 Development Change of Zone for a business park on 644 acres
ma.-wg aa. providing land uses that support and expand the development of
-3 a) g energy resources in Weld County. The submitted material does not
ar.0— moo qualify as a "subdivision" as defined in Section 30-28-101(10)(a)
,� C.R.S." Further referrals will be sent to the Division of Water
-moo o Resources during the final plat process, which could require water
�' -$o supply and augmentation plans. The Division of Water Resources
No Imo
o previously commented on the Planned Unit Development Sketch
n oimm o¢ Plan for this property in a letter dated December 8, 2010. Based on
o C cy CO N the additional information provided in this submittal,the applicant will
� not divide the property into less than 35-acre parcels. The proposed
au,oN ilmom_Fe. 0 source of water for the property is four(4)commercial exempt wells,
a;c —"r. permit numbers 284364, 284365, 284366, and 284367, which have
—07 CO yet to be constructed. The use of water from these wells is limited to
drinking and sanitary facilities for a commercial business, and may
2011-0652
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 7
not be used for domestic, industrial, landscape irrigation or any other
outside purpose. If constructed, these wells must be operated in
accordance with their permitted terms and conditions. The applicant
has indicated that they will comply with the requirements of
commercial exempt wells. Section 37-92-602(3)(b)(III), C.R.S.,
requires that the cumulative effect of all wells in a subdivision be
considered when evaluating material injury to decreed water rights,
and Section 30-28-101(10)(b), C.R.S., states, "The terms
'subdivision' and 'subdivided land', as defined in paragraph(a)of this
subsection (10) shall not apply to any division of land which creates
parcels of land each of which comprises thirty-five(35)or more acres
of land and none of which is intended for use by multiple owners."
The applicant has been made aware that if any of the proposed
parcels in the development is less than thirty-five(35)acres,all of the
parcels are considered to be part of a subdivision. However, so long
as all parcels in the development are thirty-five (35) acres, or more,
the proposed wells (permit numbers 284364, 284365, 284366,
and 284367) may be constructed and operated in accordance with
their permitted conditions. The ability of the applicant to obtain new
well permits will be evaluated at the time that additional well permit
applications are submitted. The environmental impact plan
(Section 27-6-40) adequately addresses all environmental impacts.
e. Section 27-6-120.D.5.e-Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. County Road 126 is a collector road and requires an 80-foot a 1
right-of-way at full buildout. There is presently a 60-foot right-of-way. This = I
road is maintained by Weld County. Pursuant to the definition of setback, — C
E outlined in Section 23-1-90 of the Weld County Code,the required setback is -8:
measured from the future right-of-way line. The Colorado Department of =a:
— rc Transportation (CDOT) states in the electronic referral dated — =`
0 Y January 28, 2011, "CDOT has no comment regarding the zoning request, but — ;
a cU as development moves forward, there will be traffic impacts to U.S. a d:
o o Highway 85 and potentially Interstate 25. Traffic impacts will need to be 3
S C3 d identified in a traffic impact study and the applicant responsible for their 'a!
o construction. CDOT looks forward to reviewing that document." The mice,',?
-
a 3 d applicant shall obtain an Access Permit for all PUD access(es) onto County =o
Er=d Road 126. a c
NIN -rC
a a+
moo f. Section 27-6-120.D.5.f - The applicant shall submit an Improvements =oc
Farm o Agreement According to Policy Regarding Collateral for On-site Private Road C 0
a o� Maintenance with the Final Plan application. This agreement must be L e o
o reviewed by the Department of Public Works and shall be approved by the =M
mo
a Board of County Commissioners prior to recording any Final Plat. The =021
al applicant shall submit Improvement Agreements according to Policy =M0
�in N Regarding Collateral for Off-site Public Road Maintenance with the Final
�CD�o Plan application. This agreement must be reviewed by Public Works and
__.M1.
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DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 8
shall be approved by the Board of County Commissioners prior to recording
any Final Plat. The anticipated roadway and drainage improvements will be
to the adjacent and surrounding roadway network, as well as improvements
related directly to the proposed Niobrara Energy Park PUD Development.
g. Section 27-6-120.D.5.g — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The applicant will submit a preliminary Geotechnical
Engineering Report for the Niobrara Energy Park PUD with the Final Plat
application. Furthermore,the applicant has also deferred the submittal of the
Master Drainage Report and Stormwater Management Guide for the
Niobrara Energy Park PUD with the Final Plat application. The Weld County
Department of Public Works requires, for Final Plat approval of each Phase
of the Niobrara Energy Park PUD, that the applicant submit the appropriate
documentation including the Final Drainage Report and Final Construction
Drawings and Plans.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District(s) uses and the Conceptual Development Guide. The submitted
Development Guide does reflect portions of the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously. The applicant is requesting that this Change of Zone be
approved and that it be reviewed administratively at the Final Plat stage for
each parcel created within the PUD.
d
o WHEREAS, this Corrected Resolution is necessary to correctly state the terms and
c2 conditions of the original approval of Change of Zone PZ-1158.
Joey
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
—tt, County, Colorado, that the application of Rawah Resources, LLC, do Niobrara Energy Park, LLC,
g for Change of Zone, PZ #1158, from the A (Agricultural) Zone District to the PUD (Planned Unit
mi=-0 `o Development) Zone District, with Business Commercial (C-3) and Industrial (1-3) uses, having
-3 d nine (9) parcels of 35 acres in size or greater, open space and continuing oil and gas production
I (Niobrara Energy Park PUD). The Commercial and Industrial uses shall comply with all bulk
85 standards of each Zone District conditional upon the following:
Mo
_ 0 1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended, as follows:
o
o x 1) All sheets of the plat shall be labeled PZ-1158.
—NN
-�,� 2) The applicant shall adhere to the plat requirements in preparation of
M the Change of Zone plat, per Section 27-9-20 of the Weld County
Code.
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
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3) The applicant shall request vacation of the sixty (60) foot wide
right-of-way, per Book 417, page 122. County Road 126 does not
exist in this location and there is no recorded document that has
been found which vacates this right-of-way. This referenced
right-of-way shall be removed from the plat.
4) The applicant shall request vacation of the thirty (30) foot wide
right-of-way, per Book 86, page 273, north of the centerline and west
of the northwesterly radius of the centerline for the new alignment of
County Road 126. County Road 126 does not exist in this location
and there is no recorded document that has been found which
vacates this right-of-way. This referenced right-of-way shall be
removed from the plat.
5) County Road 126 is designated on the Weld County Road
Classification Plan as a Collector Road, which requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
An additional 10 feet shall be delineated on the plat as future County
Road 126 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County. All rights-of-way and easements shall be dimensioned and
referenced by Book and Page, and reception number(s) on the
Change of Zone plat.
� 9
� O
6) The plat shall delineate the gas drilling envelope locations, per State
statute.
o mm V
N
z.r3 7) The Niobrara Energy Park PUD—Allowed Commercial and Industrial
Use Table stipulating the Allowed Land Use, the Land Use
8 Application process, and a Definition of stated Allowed Land Use
a d 2 shall be placed on any recorded plat.
g ar.3
N o •v 8) "Weld County's Right to Farm" statement, as provided in
Appendix 22-E of the Weld County Code shall be placed on any
=moo recorded plat.
la c
$o B. The applicant shall submit three (3) paper copies of the plat, for preliminary
m d• approval, to the Weld County Department of Planning Services.
socc
mi. co 2. The Change of Zone is conditional upon the following notes being added to the
0.1
- Change of Zone plat prior to recording:
o
or.gg(-Jr A. Change of Zone, PZ#1158, is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development)Zone District, with Business Commercial
(C-3) and Industrial (1-3) uses, having nine (9) parcels of 35 acres in size or
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
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PAGE 10
greater, open space and continuing oil and gas production (Niobrara Energy
Park). The Commercial and Industrial uses shall comply with the bulk
standards of each Zone District.
B. A Commercial-Industrial Owner's Association shall be established prior to the
sale of any lot. Membership in the Association is mandatory for each parcel
owner. The Association is responsible for liability insurance, taxes and
maintenance of open space, streets, private utilities, and other facilities.
Open space restrictions are permanent.
C. Weld County's Right to Farm statement as delineated on this plat shall be
recognized at all times.
D. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code. These requirements shall apply to all temporary and permanent signs.
E. Water service shall be obtained from four(4) individual commercial exempt
wells, permit numbers 284364, 284365, 284366, and 284367, to be located
on property greater than 35 acres, and permitted for commercial uses. The
use of water from these wells is limited to drinking and sanitary facilities for a
commercial business, and may not be used for domestic, industrial,
landscape irrigation or any other outside purpose. Additional wells may be
obtained.
F. This PUD is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Weld County Code in effect at the m
time of construction, repair, replacement, or modification of the system.
r, Oy
G. A Stormwater Discharge Permit may be required for a U a
development/redevelopment/construction site where a contiguous or non- _g
sr.3 Y contiguous land disturbance is greater than, or equal to, one(1)acre in area. $ `p
The applicant shall contact the Water Quality Control Division of the =-9i
g o Colorado Department of Public Health and Environment, at a
Wa no dwww.cdphe.state.co.us/wq/permitsunit, for more information.
st
3 H. During development of the site, all land disturbances shall be conducted so _o c
— y that nuisance conditions are not created. If dust emissions create nuisance _T
conditions, at the request of the Weld County Department of Public Health m
o o and Environment, a Fugitive Dust Control Plan must be submitted. —N
_- o =m�
r I. In accordance with the Regulations of the Colorado Air Quality Control o
Commission, any development that disturbs more than five(5)acres of land fa`
must incorporate all available and practical methods that are technologically
;5=
°C en
feasible and economically reasonable in order to minimize dust emissions. — ;
a in
In
to S J. If land development creates more than a 25-acre contiguous disturbance, or
mom exceeds six (6) months in duration, the responsible party shall prepare a
2011-0652
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 11
Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
K. Activities such as construction (i.e., auxiliary structures, dirt mounds,
etcetera) activities are expressly prohibited in the designated septic system
absorption field site.
L. Building permits shall be obtained prior to the construction of any structure.
M. Necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be granted
access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Conditions of Approval
stated herein and all applicable Weld County regulations.
N. The site shall maintain compliance, at all times, with the requirements of the
Weld County Government and the adopted Weld County Code and Policies.
O. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
P. Development within the Niobrara Energy Park PUD is subject to additional
land use permitting, as delineated in the allowed commercial and industrial — .
use table as shown on the plat for the Niobrara Energy Park PUD. A Site
Plan Review application is required on all items except those that require
a 1031 Permit, as shown on the attached Niobrara Energy Park PUD - a
Allowed Commercial and Industrial Uses. ac
ill Q. The Board of County Commissioners finds that separate review of the o
— o following items is not necessary under the 1041 Regulations pursuant to M..—.0C-3 Z
c Section 21-2-20.D.2 of the Weld County Code. d
a
�`�'d 1) Building new or relocation and expansion of the existing substation ��
o to 115 KV or greater inside the PUD; or
.=
ly
— C
V
_I, 0 2) Utility lines inside the PUD including, but not limited to, gas and arc
a3 electric lines that exceed the minimum requirements to require �N=
d a 1041; or =Ma
o
aro 3) One natural gas fired power plant up to but not exceeding 200 �,,N
0
o megawatts. —C -
�o �rn e
v.,o R. The applicant shall comply with Section 27-8-50 of the Weld County Code,
=��•
as follows: Failure to submit a Planned Unit Development Final Plan - If a
o x PUD Final Plan application is not submitted within three(3)years of the date
�N of the approval of the PUD Zone District, the Board of County
r3,-
2011-0652
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 12
Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submission of the PUD Final Plan. The Board may extend the date for the
submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the
Board determines that conditions or statements made supporting the original
approval of the PUD Zone District have changed, or that the landowner
cannot implement the PUD Final Plan, the Board of County Commissioners
may, at a public hearing, revoke the PUD Zone District and order the
recorded PUD Zone District reverted to the original Zone District.
S. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
T. Final Plan landscaping requirements found in Chapter 27 of the Weld County
Code shall be considered in light of: 1) current wells associated with the
development cannot be used for irrigation or any outdoor consumption;
and 2)the site is better suited to retain the natural and physical landscapes.
Any landscaping requirements found in Chapter 27of the Weld County Code
that are inconsistent with the foregoing findings shall be waived for this PUD.
U. Each Lot may have multiple primary uses as defined by this Change of Zone
r ' Plat.
a o
V. Uses 13, 14, 16 and 19 typically require a 1041 process. The Board of
o County Commissioners finds that separate review of these uses is not
necessary under the 1041 regulations, pursuant to Section 21-2-20.D.2 of
Uthe Weld County Code.
d2 W. The non-urban PUD 80-acre open space requirement was waived per
resolution of the Weld County Commissioners approving PZ-1158. The
a y Commissioners find, in view of the location and the 35-acre minimum lot size
requirement, that this PUD shall not be required to comply with the 80-acre
Emm
_co. minimum Outlot requirement, pursuant to Section 27-2-210 of the Weld
T c County Code.
sNO
— o X. On-site landscape requirements for PUD's have been waived, per Resolution
zacc of the Weld County Commissioners approving PZ-1158.The Commissioners
fo find, in view of the location, that this PUD shall not be required to submit a
landscaping plan, pursuant to Section 27-6-30.C of the Weld County Code.
a) o
M Y. A Sales Trailer, as defined by Section 23-1-90 of the Weld County Code is
allowed within the PUD, so long as the requirements specified therein are
met.
I 11111111111 111111 11111 111111 11111 11111 III 111111 III 101
3786555 08/17/2011 01:21P Weld County, CO
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PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 13
3. The Change of Zone plat map shall be submitted to the Weld County Department of
Planning Services for recording within sixty (60) days of approval by the Board of
County Commissioners. With the Change of Zone plat map, the applicant shall
submit a digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for images is.tif(Group 4). (Group 6 is not acceptable). This digital
file may be sent to maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance#2005-7, approved June 1, 2005,
should the plat not be recorded within the required sixty (60) days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3)month period.
5. At the time of Final Plan application submittal:
A. This Change of Zone application shall be considered to be a "Specific
Development Guide" for the purposes of Sections 27-6-20.B.2. and
Section 27-7-40.B.2 of the Weld County Code, but because certain materials
required in the Specific Development Guide were not appropriate at the time
the Change of Zone application was filed, the applicant shall, at the time of
submission of an application for final plan, supply the remaining submittal
requirements, including, at a minimum, the materials required by
Sections 27-6-30 through 27-6-110 of the Weld County Code ("Additional
Materials"). Upon submission of the said Additional Materials,the application
mon P_ will be reviewed under the Specific Guide Criteria as specified in
d Sections 27-6-20 and§27-7-40.B.2 of the Weld County Code. Accordingly, if
the Department of Planning Services determines that the final plan submittal
MIMI o Y is consistent with the previous sketch plan and change of zone submittals,
War, � the Department of Planning Services shall send out referrals pursuant to
Section 27-7-40.B.2.a and further, if the applicant has demonstrated
a0 d compliance with Section 27-7-40.C.1 through C.8, the Director of Planning
Services may approve or conditionally approve the final plan application,
without a public hearing.
_dN
Wig; B. Section 27-5-30.J requires a copy of an existing easement or dedicated
o right-of-way when it is contiguous to an easement or right-of-way of the
fr
proposed Planned Unit Development.
o
-oo C. Section 27-5-70.B.5 requires a description of the functional classification,
—�,C width and structural capacity of the street, and highway facilities which
o provide access to the PUD Zone District. If the street or highway facilities
4.0
ANN providing access to the PUD Zone District are not adequate to meet the
-czno requirements of the proposed district, the applicant shall supply information
—M,cr which demonstrates the willingness and financial capability to upgrade the
street or highway facilities in conformance with Sections 22-3-60
through 22-3-190 of the Weld County Code.
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 14
D. Section 27-5-70.6.8 requires a description and statement from the
representative of the provider of the utilities which demonstrates that there
are adequate utility provisions available to serve the development.
E. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations, and
dimensioned on the final plat. Easements shall follow rear and side lot lines
and shall have a minimum total width of twenty(20)feet apportioned equally
on abutting properties. Where front line easements are required, a minimum
of fifteen (15) feet shall be allocated as a utility easement.
F. The applicant shall provide the Weld County Department of Planning
Services with three (3) copies of the Bylaws and Articles of Incorporation for
the Commercial-Industrial Owner's Association; including three(3)copies of
the Restrictive Covenants for Niobrara Energy Park PUD for review by the
Weld County Attorney's Office. Any changes requested by the Weld County
Attorney's Office shall be incorporated.
G. The applicant shall submit development Covenants for Niobrara Energy Park
PUD. The Covenants shall state, "Activities such as construction activities
(i.e., auxiliary structures, dirt mounds, etcetera) are expressly prohibited in
the designated absorption field site." The Covenants shall also address
signage requirements and refer to the Weld County Code.
H. The applicant shall provide the Weld County Department of Public Works
9 with stamped, signed, and dated final plat drawings and
0 roadway/construction and grading plan drawings for review. Construction
— cc details must be included.
• °e
o
The applicant shall submit the road layout, including the road name
�� nomenclature, for review by all referral agencies and for preliminary
o d addressing of the subdivision lots by Filing or Phase.
�U 5
d J. Stop signs and street name signs will be required at all intersections and
shown on the final roadway construction plans.
Eaa?A
-rn
Cy,
§ 1 g K. Section 27-5-70.6.7 requires all development within a PUD Zone District
—- o shall adhere to the storm drainage design and technical criteria regulations in
Section 24-7-130 of the Weld County Code. The historic stormwater
g drainage patterns and runoff amounts will be maintained. The developer will
=Mo be required to submit a detailed Site-wide Master Drainage Plan and
o°C engineering study, prepared by a Colorado licensed engineer that shows
a N both the undeveloped and developed drainage patterns. The drainage study
— o shall track the route of off-site stormwater discharges to a natural drainage
arm 0)cc course such as a creek or river. Off-site discharge shall not damage
CO
T downstream property, roads or bridges. The developer will be required to
mitigate any downstream impacts caused by said development.
111111111111111111 11111 11111 11111 III 111111 III IIII 2011-0652
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 15
L. At the time of submittal of the first Final Plat application, the applicant shall
also submit a Final Drainage Report for the platted area. The report must be
stamped, signed, and dated by a professional engineer licensed in the State
of Colorado. The First Final Plat Drainage Report must address the
requirements listed in Section 8-11-120 of the Weld County Code. A
Drainage Report Checklist has previously been provided to the applicant's
engineer and shall be utilized by the engineer in the completion of the Master
and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm
and 100-year storm flows both entering and leaving the development.
Detention of the 100-year storm developed condition while releasing at
the 5-year pre-development rate is required to protect downstream
properties. The drainage design shall prevent erosive conditions in the
natural drainageways.
M. Final grading, drainage construction, erosion and sediment control plans,
and water quality control plans (conforming to the Master Drainage Report)
for the platted area must be stamped, signed, and dated by a professional
engineer licensed in the State of Colorado, and shall be submitted for review
and approval at the time of First Final Plat.
N. The Geotechnical Report will need to be revised for the Final Plat phase of
the Planning process to include a preliminary pavement design for the roads
to be constructed within the property. The Final Plat Geotechnical Report
needs to be updated to reference appropriate sections of the International
Building Code (IBC). The revised geotechnical soil report will address
groundwater and boring data used in pavement design.
c
O. For the First Final Plat application,the applicant shall submit a re-vegetation C
plan of all areas disturbed during construction. The plan shall include
information regarding plant type, installation methods, and maintenance.
g P. For the First Final Plat application, the applicant shall submit a construction
rc schedule in accordance to Section 27-2-200 of the Weld County Code. m=
°e
Ea c'd Q. The applicant shall submit a Final Phasing Plan for all Filings and Phases of a
this development. mim
o _
. R. As-Built survey data and plans of all drainage facilities, including elevations
01 3� of all storm drain pipes, headwalls, inlets, swales, detention pond outlet �c
structures giving locations and elevations of key features,shall be submitted __2
y in digital format to Weld County upon completion of construction and final &
r o• acceptance by the County. g
OO �
� S. The applicant shall submit written evidence from the Nunn Fire Protection —a
a,o
District, stipulating that there is adequate fire flow for all areas within this
r •
development, or that there is an adequate means to address emergency fire
Nmmg°C related events. Further,the evidence shall include a written sign-off from the
ammo,n." Fire Marshall for the Nunn Fire Protection District.
-1O
mom m r 2011-0652
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 16
T. The applicant shall submit, to the Weld County Department of Planning
Services, a copy of an agreement with the property's utility owners and
lessees stipulating that the existing gas and electric utility easements and/or
activities have adequately been incorporated into the design of the site.
U. A detailed Traffic Study following the Traffic Study checklist will be required
at the time of the Final Plat application. Roadway improvements including,
but not limited to, auxiliary lanes, widened radii and consolidation of
accesses may be required. The applicant shall fully fund the roadway
improvements triggered by this development. County Road 126 is classified
as a collector roadway. The applicant should utilize the two (2) existing
accesses to this parcel; due to sight distance and other public safety issues,
additional accesses will not be granted
V. The Weld County Building Technician will provide addresses at the time of
Final Plat. The subdivision street name and lot addresses shall be submitted
to the Nunn Fire Protection District, the Weld County Sheriffs Office, Weld
County Paramedic Service, and the Post Office for review. Written evidence
of approval shall be submitted to the Weld County Department of Planning
Services.
0 W. National Pollutant Discharge Elimination System (NPDES) requirements will
dictate that the applicant obtain a Stormwater Discharge Permit from the
a otl Colorado Department of Public Health and Environment. A copy of this
m a%)
U permit and a Best Management Practices Erosion Control Plan will be
required by the Weld County Department of Public Works as part of the Final
o Plan submittal. No site grading will be permitted until these documents have
been submitted and reviewed.
d
.3 ,
X. The applicant shall submit written evidence of an accepted erosion control
M ti plan from the West Greeley Soil Conservation District specific to buffer areas
MOM o adjacent to Little Owl Creek, defined drainage-ways and ditches to protect
o against erosion.
mwe
—TC
a g Y. The applicant shall submit details of the proposed mailbox areas to the
=8o appropriate postal district for review and approval. Any required changes
Cox shall be indicated on the Final plat. Further, the applicant shall verify that
m N each facility meets the intent of the Americans with Disabilities Act(ADA)for
c o access.
—"1- Z. The applicant shall provide the Weld County Department of Planning
Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld
County Code.
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2011-0652
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 17
AA. At such time as the realigned County Road 126 is accepted and open for
traffic, the applicant shall provide the Weld County Departments of Public
Works and Planning Services with a request to vacate a portion of the
existing County Road 126, as described in Book 417, Page 122, for review
and approval by the Board of County Commissioners.
BB. The applicant shall submit written evidence from the Colorado Division of
Wildlife (CDOW), addressing any requested buffer areas adjacent to Little
Owl Creek, unnamed drainage-ways, mapped wetlands and riparian areas
regarding protection from impacts to wildlife, existing and proposed
vegetation, and disturbance including issues of noxious weeds.
CC. The applicant shall contact the Vegetation Weed Management Specialist at
the Weld County Department of Public Works to develop a weed
management plan. The approved plan shall be included in the Final Plan
application.
DD. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
E EE. The applicant acknowledges that referral agencies will be notified at time of
d final plan submittal and that the applicant will be required to address the
- °C referral comments.
t FF. The Colorado Department of Transportation (CDOT) may require
_ g c improvements to U.S. Highway 85, as it relates to impacts associated with
development, and the applicant acknowledges that these impacts have been
deferred to final plat and site plan. Prior to recording any final plat or site
plan, these issues will be addressed.
cor 22
d
q-e'i GG. The applicant shall address the requirements and concerns of Public Service
mom.
c of Colorado, as stated in the referral response dated February 9, 2011.
C Written evidence of such shall be submitted to the Weld County Department
7.c
N of Planning Services.
8 •
6. At the time of application for any Plat subsequent to the First Final Plat:
cc
� CO
_�N A. The applicant shall provide the Weld County Department of Public Works
�cn o with stamped, signed, and dated final plat drawings and
-1,••CO roadway/construction and drainage/grading plan drawings for review.
Construction details must be included.
1111111 1111111111111111 111111 11111 11111 111 111111 III IIII
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 18
B. At the time of submittal of a subsequent Final Plat application, the applicant
shall submit a Final Drainage Report for the new platted area. The report
must be stamped, signed, and dated by a professional engineer licensed in
the State of Colorado. The Revised Final Plat Drainage Report must
address the requirements listed in Section 8-11-120 of the Weld County
Code. A Drainage Report Checklist has previously been provided to the
applicant's engineer and shall be utilized by the Engineer in the completion of
the Master and all subsequent Final Plat Drainage Reports. The reports
shall evaluate the 5-year storm and 100-year storm flows both entering and
leaving the development. Detention of the 100-year storm developed
condition, while releasing at the 5-year pre-development rate, is required to
protect downstream properties. The drainage design for the subsequent
Final Plat(s), and parcels under review shall demonstrate how the proposed
development will integrate with the Master Drainage Plan for the site. The
drainage design shall prevent erosive conditions in the natural drainageways.
C. Final grading, drainage construction, erosion and sediment control plans,
and water quality control plans (conforming to the Drainage Report) for the
new platted area stamped, signed, and dated by a professional engineer
licensed in the State of Colorado shall be submitted for review and approval.
D. The applicant shall submit a site specific Final Geotechnical Engineering
Report for the parcel of land under review within the Niobrara Energy Park
PUD.
IMM 0
y
°C E. The applicant shall submit a re-vegetation plan of all areas disturbed during
aaa 0Y construction. The plan shall include information regarding plant type,
cinstallation methods, and maintenance.
zs
▪ $ = F. Section 27-5-70.6.6 requires a traffic impact analysis prepared by a
registered professional engineer competent in traffic engineering which shall
Ta▪ r: d be provided by the developer. This report shall address the impacts of the
development of this subsequent Final Plat on the internal and external road
aria h
g networks.
a ci o
—o
G. Section 27-5-70.B.11 requires adjacent roadways shall be designed to meet
am.c-
the full typical section specified by the Weld County Department of Public
=M Works and Chapter 24 of this Code. Required improvements may include
o the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter
aN N and sidewalks, for example, as well as the acquisition of right-of-way and
IS
construction easements that will be dedicated to the public. Improvements
iga o attributed to the development shall be consistent with the direct impact a
,��
0^ particular development has on the Weld County road system as determined
by a professional transportation study.
I MI 11111111111111111111VI 1111 11111 III IIIIII III IIII
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 19
H. The applicant shall submit collateral for all improvements associated with the
development of a commercial or industrial parcel, prior to recording the Site
Plan Review (SPR) or plat associated with a permit issued pursuant to
Chapter 21 of the Weld County Code on each lot within the site.
The Board of County Commissioners finds that separate review of the
following items is not necessary under the 1041 Regulations pursuant to
Section 21-2-20.D.2 of the Weld County Code.
1) Building new or relocation and expansion of the existing substation
to 115 KV or greater inside the PUD; or
2) Utility lines inside the PUD including, but not limited to, gas and
electric lines that exceed the minimum requirements to require a
1041; or
3) One natural gas fired power plant up to but not exceeding 200
megawatts.
7. Prior to recording any Final Plat(s):
A. Original copies of the approved covenants, along with the appropriate
EINEM o recording fee (currently $6.00 for the first page and $5.00 for subsequent
pages), shall be submitted to the Weld County Department of Planning
Services.
moo,
imuoU
B. The applicant shall submit Certificates from the Secretary of State showing
o the Commercial-Industrial Owner's Association has been formed and
mim
registered with the State of Colorado.
0
�-yam
C. An Improvements Agreement will be required prior to recording of the final
may plat. The agreement and form of collateral shall be submitted to, and
reviewed by, the Weld County Departments of Planning Services and Public
�oo Works, and accepted by the Board of County Commissioners prior to
mom
c recording the final plat.
o
N
D. The Final Plan plat map shall be submitted to the Weld County Department
—
of Planning Services for recording within sixty (60) days of approval by the
—oco
Board of County Commissioners. With the Final Plan plat map,the applicant
�M�
shall submit a digital file of all drawings associated with the Final Plan
a c o application. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation);
$ acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal
GeoDataBase (MDB). The preferred format for images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
I 111111 11111 111111 11111 111111 IIIII IIIII III 111111 III VIII
3786555 08/17/2011 01:21P Weld County, C052
19 of 25 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2011-0 PL21610
CHANGE OF ZONE (PZ-1 158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 20
E. The applicant shall submit an Improvements Agreement and Collateral that
addresses On-Site and Off-Site Improvements,and Long Term Maintenance,
according to Policy Regarding Collateral for Improvements. These
agreements must be reviewed by the Weld County Departments of Public
Works and Planning Services and shall be approved and collateral accepted
by the Board of County Commissioners.
F. The Commissioners find, in view of the location and the 35 acre minimum lot
size requirement, that this PUD shall not be required to comply with the 80
acre agricultural outlot requirement(Weld County Code, Section 27-2-210).
8. Prior to release of collateral:
A. Release of collateral shall follow procedures as identified in County Code
Policy Regarding Collateral for Improvements and enumerated in the
Improvements Agreement(s).
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �j�rJ1/4, EXCUSED
1 yarbara Kirkmeyer, Chair
Weld County Clerk to the : r'
� t�=%: XCUSED
�,.ean P. C• Pro-Tem
BY: ,_// _ G• �!��2_S?
Deputy Clerk to the Boar N'\ ,
i'- , F. Garcia
AP FORM: cj Ca
.!)avid E. Long, Ac ' Chair ro-Tem
ounty Attorney - _ _ /
" Dougla ademach r
Date of signature: gr` 4
1 11 1111 11111111111 11111 111111 1111 111 11 III 1111111 11 III I
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111111111111111111IIIIII1111IIIII1iij1)i)IIk!II11111111 2011-0652
3789362 08/30/2011 03:39P We PL2110
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NIOBRARA ENERGY PARK PUD -ALLOWED COMMERCIAL AND INDUSTRIAL USES
SPR-Site Plan Review
Allowed Land Use Pro- Definition of Allowed Land Use
(or similar uses) cess
1 PHOTOVOLTAIC ENERGY AND/OR SPR A system which uses solar cells to convert light into electricity. A photovoltaic
SOLAR ENERGY"FARM" system consists of multiple components,including cells,mechanical and electrical
connections and mountings and means of regulating and/or modifying the
50 MW,OR LESS electrical output.
2 RESEARCH LABORATORIES SPR A facility for scientific research in technology-intensive fields. Examples include,
but are not limited to, energy, oil, petroleum, biotechnology, pharmaceuticals,
genetics, plastics, polymers, resins, coating fibers, films, heat transfer and
radiation research facilities.
3 SMART GRID FACILITY SPR A facility that controls and monitors an electricity network utilizing digital
technology. A smart grid delivers electricity from suppliers to consumers using
two-way digital communications to control devices such as appliances at
consumers' homes;this saves energy, reduces costs, and increases reliability and
transparency. It overlays the ordinary electrical grid with an information and net
metering system,that includes smart meters.
4 ALTERNATIVE ENERGY CREATION SPR A facility which produces or distributes a form of energy in which the energy
FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels.
50 MW,OR LESS
5 ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy
MANUFACTURING FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels.
50 MW,OR LESS
6 ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy
DISTRIBUTION FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels.
50 MW,OR LESS
7 GEOTHERMAL PRODUCTION SPR A facility which produces electricity generated from geothermal energy.
50 MW,OR LESS
8 WIND GENERATORS/TURBINES SPR WIND GENERATOR: A generator specifically designed to convert the kinetic
AND HYBRID WIND USE energy in wind into electric energy. A wind generator may include a generator,
tower and associated control, or conversion electronics. The height of a wind
50 MW,OR LESS tower is measured to the tip of the blade.
WIND TURBINE: A machine, or machines,that convert the kinetic energy in the
wind into a usable form (commonly known as a "wind turbine" or "windmill").
The wind energy conversion system includes all parts of the system except for the
tower and transmission equipment,excluding turbines for private use.
9 ENERGY STORAGE SPR A facility in which a method and specific technique for storing energy derived
TECHNOLOGIES: INCLUDING BUT from some primary source in a form convenient for use at a later time when a
NOT LIMITED TO:BATTERIES, specific energy demand is to be met, often in a different location. These types
FLYWHEEL(FES),CHEMICAL may include, but are not limited to: battery,flywheel (FES), chemical conversion
CONVERSION,AND MAGNETIC and magnetic storage.
10 FUEL CELL DEVELOPMENT SPR A facility for the research and development of an electric cell in which the
chemical energy from the oxidation of a gas fuel is converted directly to electrical
energy in a continuous process.
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11 COMPRESSED AIR STORAGE SPR A facility that stores energy generated at one time for use at another time. At
utility scale, energy generated during periods of low energy demand (off-peak)
can be released to meet higher demand (peak load) periods. There are three
types of storage: (1)Adiabatic storage retains the heat produced by compression
and returns it to the air when the air is expanded to generate power; (2)Diabatic
storage dissipates the extra heat with intercoolers (thus approaching isothermal
compression)into the atmosphere as waste;and (3) Isothermal compression and
expansion approaches attempt to maintain operating temperature by constant
heat exchange to the environment.
12 ELECTRIC SUBSTATION SPR See Major Facility of Public Utility,#21 on this Table.
115 kv,OR LESS
13 ELECTRIC SUBSTATION SPR See Major Facility of Public Utility,#21 on this Table.
115 kv,OR GREATER
14 REPLACEMENT ELECTRIC SPR Replacement,relocation,and expansion of the PVREA Rockport Substation.
SUBSTATION
115 kv,OR GREATER
15 IN-PARK ELECTRIC SPR Electric utilities serving uses within this PUD.
115 kv,OR LESS
16 IN-PARK ELECTRIC SPR Electric utilities serving uses within this PUD.
115 kv,OR GREATER
17 IN-PARK FIBER,GAS AND OTHER SPR Gas,fiber optics,and other utilities serving uses within this PUD.
UTILITIES
115 kv,OR LESS
18 NATURAL GAS-FIRED POWER SPR Natural gas turbine and/or reciprocating engine plant.
PLANT
50 MW,OR LESS
19 NATURAL GAS-FIRED POWER SPR Natural gas turbine and/or reciprocating engine plant.
PLANT
Emm
200 MW,OR LESS
20 CO-GENERATION ELECTRIC SPR Also known as combined heat and power(cogeneration)or CHP,and total energy,
PLANT is a very efficient, clean, and reliable approach to generating power and thermal
energy from a single fuel source such as natural gas or bio-methane. S
50 MW,OR LESS Cogeneration plants recover the "waste heat" that is otherwise discarded from
conventional power generation to produce thermal energy. This energy is used
to provide cooling or heating for industrial facilities, district energy systems, and
commercial buildings. Through "waste heat recover
y,"g cogeneration power
plants achieve typical effective electric efficiencies of 70% to 90% —a dramatic
improvement over the average 33%efficiency of conventional fossil-fueled power
plants. Nom
21 UTILITY SERVICE FACILITIES, SPR Major Facility of Public Utility -- Public Utilities or Public Agencies operating or Nom
MAJOR FACILITIES OF PUBLIC constructing a mine, electric transmission lines, commercial radio transmission
UTILITIES SUCH AS OIL,GAS, towers, cellular and other wireless communication towers, domestic water
SOLAR,WIND OR ELECTRIC storage facilities, power plants, substations of electrical utilities,storage areas of
GENERATION utilities providing electricity, and natural gas or other petroleum derivatives,
including extensions, expansions, or enlargements thereof; PIPELINES of utilities
50 MW,OR LESS providing natural gas or other petroleum derivatives, including extensions,
expansions, or enlargements thereof; road, park or other public way, ground or
space, public building or structure, or public utility, whether publicly or privately
owned.
22 DATA CENTERS SPR A facility used to house computer systems and associated components, such as
telecommunications and storage systems. It generally includes redundant or
backup power supplies, redundant data communications connections,
environmental controls and security devices
2
23 CLOUD COMPUTING CENTERS SPR Using facilities of a third party provider on the Internet (the "cloud") to store,
deploy and run applications. Cloud computing takes two forms. It may refer to
"utility" computing in which only the hardware and software infrastructure
(operating system, databases, etc.) are offered,or it may refer to "software as a
service" (SaaS), which includes the business applications as well. Regardless
whether the cloud is infrastructure only or includes applications, major features
are self service,sca lability,and speed.
24 TELECOM HOTEL/NETWORK SPR Also known as a colocation centre or carrier hotel which is a type of data centre
STATION where multiple customers locate network, server and storage gear and
interconnect to a variety of telecommunications and other network service
provider(s)with a minimum of cost and complexity.
25 COMMERCIAL RESEARCH SPR A school established to provide on-site training of business, trade, commercial,
SCHOOLS industrial, clerical, managerial or artistic skills. This definition applies to schools
that are owned and operated privately for profit and that do not typically offer a
complete educational curriculum. This classification excludes establishments that
provide training in an activity that is not otherwise generally permitted in the
zone district. Incidental instructional services in conjunction with another
primary use shall not be considered a Commercial School.
26 PUBLIC SCHOOL EXTENSION SPR A school that typically outsources training and other technical courses to
CLASSES industries where the student is given the opportunity to gain hands-on training.
27 POLICE AND FIRE STATIONS SPR Facilities for law enforcement and emergency responders.
28 GAS GATHERING AND SPR The gathering of raw natural gas from individual wells or central delivery points,
PROCESSING FACILITY which may have multiple wells behind them. Connecting wells and central
delivery points to gathering lines through which the raw natural gas flows to a
processing plant, treating facility or directly to interstate or intrastate gas
transportation pipelines. The processing plants remove any impurities in the raw
natural gas stream and extract the NGLs.
29 GAS COMPRESSOR STATION SPR A facility which helps the transportation process of natural gas from one location
to another. Natural gas,while being transported through a gas pipeline,needs to
be constantly pressurized in certain distance intervals. The gas in compressor
stations is normally pressurized by special turbines,motors and engines.
30 OIL AND GAS POST PRODUCTION SPR See Oil and Gas Support and Service
FACILITIES
31 OIL OPERATION EQUIPMENT SPR OIL AND GAS SUPPORT AND SERVICE -- Location and operation bases for
STORAGE businesses whose primary activity includes the following kinds of uses:
a. Parking and maintenance of exploration,production,or workover equipment. —
b. Equipment and storage yards for road and pipeline construction contractors,
and production unit set-up and maintenance contractors.
c. Parking and maintenance for tank and water service companies.
d. Storage and rental yards for pipe and production equipment. m
e. Field offices used by production-related records and maintenance personnel.
f. Disposal and recycling sites for production waste. nom
g. Oil and gas processing facilities and related equipment, including, but not
limited to,compressors associated with gas processing or which compress gas Emu
to enter a pipeline for transport to market.
32 OIL AND GAS STORAGE SPR One(1)or more tanks which receive and store oil or gas from sources other than
FACILITIES direct from the oil and gas well. —
33 OIL TANK FARM COLLECTION SPR See Oil and Gas Storage Facilities,#32 on this table.
AND TERMINAL FACILITY moo
34 WATER RECYCLE FACILITY SPR Facility that recycles production water.
35 WATER INJECTION FACILITY SPR Production water disposed through either secondary recovery or deep well
disposal methods.
3
36 STORAGE OF FRESH WATER FOR SPR See Oil and Gas Support and Service.
HYDRAULIC DRILLING AND
FRACING OPERATIONS
37 STORAGE OF SAND AND SPR See Oil and Gas Support and Service.
CHEMICALS USED IN THE
FRACING STIMULATION PROCESS
38 SALVAGE YARD(BONE YARD—IN SPR See Oil and Gas Support and Service.
CONNECTION WITH ENERGY
PRODUCTS)
39 CARGO CONTAINERS SPR A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for
repeated use,constructed of metal and being airtight and water-resistant.
b. Specially designed to facilitate the carriage of goods, by one (1) or more
modes of transport,one(1)of which shall be by vessels,without intermediate
reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer from
one(1)mode of transport to another.
d. So designed to be easy to fill and empty.
e. Having a cubic displacement of one thousand(1,000)cubic feet or more.
f. A railroad car of any type shall not be considered a cargo container.
40 HEAVY MANUFACTURING, SPR The manufacture of compounding process or raw materials. These activities or
PROCESSING processes would necessitate the storage of large volumes of highly flammable,
toxic materials or explosive materials needed for the manufacturing process.
These activities may involve outdoor operations as part of the manufacturing
process.
41 ANY USE OF A RESEARCH, SPR PROCESSING: An activity associated with the transformation of materials or
REPAIRING,MANUFACTURING, substances into new products,which may include blending of gases and liquids.
FABRICATING,PROCESSING,
ASSEMBLING OR STORAGE STORAGE AREA: Any facility, including appurtenant facilities, designed to store
NATURE fifty million (50,000,000) cubic feet or more of natural gas or similar petroleum
derivatives, or one hundred thousand (100,000) barrels or more of liquid
petroleum derivatives.
42 MICROWAVE,COMMERCIAL SPR See Major Facility of Public Utility,#21 on this Table.
RADIO,TELEVISION OR
COMMUNICATIONS
TRANSMISSIION OR RELAY
TOWERS
43 ACCESSORY USES Including,but not limited to:
a. Offices for use by operators of primary uses on site;
b. Retail sales when accessory to uses on site; outdoor storage, when screened
from adjacent property and public rights-of-way;
c. Loading areas or structures;
d. Parking areas or structures;
e. Mobile homes for caretakers or security personnel;
f. Recreational facilities for the use of employees on site;
g. Areas for parking vehicles or equipment;
h. Helipads when they are accessory to the primary uses on site;
i. Maintenance facilities when accessory to uses on site.
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UBR— Use By Right (No Review Required)
Allowed Land Use Pro- Definition of Allowed Land Use
(or similar uses) cess
44 OIL AND GAS PRODUCTION UBR Consist of the oil or gas well, pumps, heater treaters, separators, meters,
FACILITIES compressors, tank battery and other equipment directly associated with the
producing well,all of which must be connected and functional.
45 AGRICULTURAL USES UBR Livestock Grazing
1041
Allowed Land Use Pro- Definition of Allowed Land Use
(or similar uses) cess
46 ALTERNATIVE ENERGY CREATION 1041 A facility which produces or distributes a form of energy in which the energy
FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels.
50 MW,OR GREATER
47 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy in which the energy
MANUFACTURING FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels.
50 MW,OR GREATER
48 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy in which the energy
DISTTRIBUTION FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels.
50 MW,OR GREATER
49 GEOTHERMAL PRODUCTION 1041 A facility which produces electricity generated from geothermal energy.
50 MW,OR GREATER
50 UTILITY SERVICE FACILITIES, 1041 See Major Facility of a Public Utility,#21 in this Table.
MAJOR FACILITIES OF PUBLIC
UTILITIES SUCH AS OIL,SOLAR,
WIND OR ELECTRIC GENERATION
50 MW,OR GREATER
51 NATURAL GAS-FIRED POWER 1041 Natural gas turbine power plant and/or reciprocating engine plant.
PLANT
GREATER THAN 200 MW
52 CO-GENERATION ELECTRIC 1041 Also known as combined heat and power (cogeneration), or CHP, and total
PLANT energy, is a very efficient, clean, and reliable approach to generating power and
thermal energy from a single fuel source such as natural gas or bio-methane.
50 MW,OR GREATER Cogeneration plants recover the "waste heat" that is otherwise discarded from
conventional power generation to produce thermal energy. This energy is used
to provide cooling or heating for industrial facilities,district energy systems,and
commercial buildings. Through "waste heat recovery," cogeneration power
plants achieve typical effective electric efficiencies of 70%to 90% —a dramatic
improvement over the average 33%efficiency of conventional fossil-fueled power
plants.
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CORRECTED RESOLUTION
(Corrected to state the terms and conditions of the original
approval of Change of Zone, PZ-1158)
RE: GRANT CHANGE OF ZONE, PZ#1158, FROM A(AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH C-3 (BUSINESS
COMMERCIAL)AND 1-3(INDUSTRIAL)USES, FOR NINE(9)PARCELS OF 35 ACRES IN
SIZE OR GREATER, OPEN SPACE,AND CONTINUING OIL AND GAS PRODUCTION-
RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 16th day of March, 2011, at 10:00 a.m.,for the
purpose of hearing the application of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC, do
Craig Harrison, 2725 Rocky Mountain Avenue, Suite 400, Loveland, Colorado 80538, requesting
Change of Zone, PZ#1158, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District with C-3 (Business Commercial) and 1-3 (Industrial) uses, having
nine (9) parcels of 35 acres in size or greater, open space, and continuing oil and gas production—
Niobrara Energy Park, for a parcel of land located on the following described real estate, to-wit:
All of Section 19, Township 11 North, Range 66 West
of the 6th P.M., Weld County, Colorado, and
WHEREAS, the applicant was present and represented by Fred Otis, 1812 56th Avenue,
Greeley, CO 80634,
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD,and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement (IGA), nor is it located within an Urban
Growth Boundary. The proposal is consistent with the aforementioned
documents as follows:
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1) Section 22-2-20.G (A.Goal 7) states, "County land use regulations
should protect the individual property owner's right to request a land
use change." Further, Section 22-2-20.G.1 (A.Policy 7.1), states
"County land use regulations should support commercial and
industrial uses . . . when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The application states
the development is proposed to utilize commercial exempt wells
on 35 acres, and greater tracts of land with expanses of open space
to accommodate the existing topography and the Little Owl Creek
Drainage basin. The proposed development has the support of
public and private research institutions, research foundations,
privately held technology companies, the Northern Colorado
Economic Development Corporation, and Upstate Colorado
Economic Development Organization.
2) Section 22-2-80.F (I.Goal 6) states, "Minimize the incompatibilities
that occur between industrial uses and surrounding properties." The
application states the development is proposed to address the new
energy economy utilizing current and technological advancement
unforeseen in 2011. The tract of land under review is an entire
section that borders State and private lands. All of the adjacent
property owners have been contacted by the applicant; and to the
applicant's best knowledge,the majority lend their full support for the
proposed development as evidenced by signed affidavits in the
application. The applicant acknowledges that permitting of the
development at the final plat application stage will require resolution
of transportation, drainage, utility, waste issues, site specific design
and development of each parcel of land created through the PUD
Final Plat application process.
3) Section 22-4-30.F(WA.Goal 6)states, "Development should occur in
areas where adequate water quantity and quality is currently
available or reasonably obtainable." Further, Section 22-4-30.F.1
(WA.Policy 6.1) states, "Applications for proposed development
should fully assess proposed water sources as being adequate in
terms of the quantity, dependability and quality needed for the
proposed use." The Weld County Code indicates applications should
also describe whether the proposed water is currently available for
use or reasonably obtainable. An electronic mail transmission,dated
January 24, 2011, from the County Attorney's office indicates the
requirement of providing adequate water has been satisfied for the
purposes of the Change of Zone (COZ). In addition, the application
materials include evidence that the applicant has a one-half water
share of Cache la Poudre Reservoir Company. The referral
response dated February 2, 2011, from the Office of the State
Engineer - Division of Water Resources, indicates the submitted
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materials do not qualify as a "subdivision" as defined in
Section 30-28-101(10)(a) Colorado Revised Statutes (C.R.S.). The
proposed source of water for the property is four (4) commercial
exempt wells, permit numbers: 284364, 284365, 284366,
and 284367, which have yet to be constructed. The use of water
from these wells is limited to drinking and sanitary facilities for a
commercial business, and may not be used for domestic, industrial,
landscape irrigation or any other outside purpose. The referral
response dated February 17, 2011, from the Weld County
Department of Public Health and Environment states that Chapter 27
of the Weld County Code has been satisfied in regards to Individual
Sewage Disposal Systems (I.S.D.S.).
4) Section 22-3-60.C(T.Goal 3)states, "Promote a unified,functionally
integrated and coordinated County-wide street and highway system
that moves people and goods in a safe, economical and efficient
manner." Further, Section 22-3-60.C.4 (T.Policy 3.4)states, "Ensure
that all road, street and highway facilities are developed, constructed
and maintained in accordance with adopted County standards or
approved alternate development standards. Ensure that road,street
and highway rights-of-way are dedicated or reserved for the public
use." Section 22-3-60.C.5 (T.Policy 3.5) states, "Recognize U.S.
Highway 85 as a key roadway into the County and support its
improvement. Support adjacent commercial and industrial uses in a
functional and attractive manner in order to preserve jobs and take
advantage of existing infrastructure." Traffic generated by the
proposed development will conform to the recommendations and
requirements of the Weld County Department of Public Works and
the Colorado Department of Transportation (CDOT). The referral
response dated January 28, 2011, from CDOT states,"CDOT has no
comment regarding the zoning request, but as development moves
forward, there will be traffic impacts to U.S. Highway 85 and
potentially Interstate 25. Traffic impacts will need to be identified in a
traffic impact study and the applicant responsible for their
construction. CDOT looks forward to reviewing that document."
5) Section 22-5-120.A (NR.Goal 1) states, "Support efforts to expand
the responsible use of other natural resources in the County."
Section 22-5-130 addresses alternative energy resources: "Due to
the volatility of traditional energy resources,the County supports and
encourages development and use of alternative energy resources.
Alternative energy sources do not replace the traditional sources of
energy; rather, expanding global energy demands require a "new
energy economy"that supports and enhances traditional sources of
energy."
6) Section 22-5-140 addresses alternative energy resources Goals and
Policies, specifically; Section 22-5-140.A(AE.Goal 1)addresses the
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policy of support and research, development and use of alternative
energy resources. This goal addresses AE.Policy 1.1 through 1.6
paraphrased here: 1.1) attract and encourage alternative energy
support industries that are involved in manufacturing, distribution or
research; 1.2) support the development of biofuels; 1.3) support the
commercial development of wind and solar energy, and 1.4-1.6)
support the development and use of other alternative energy
resources.
7) Section 22-6-20.B.2 (ECON.Policy 2.2) states, "Foster a good
working relationship between the public and private sectors,
recognizing that such a relationship supports economic
development." Section 22-6-20.C.1 (ECON.Policy 3.1) states,
"County activities and regulation should protect the rights of private
property owners and the public health, safety and welfare,
recognizing that these basic rights and protections allow the free
market to prosper and grow the local economy." The application
states the development is proposed to address the new energy
economy utilizing current and technological advancement. Multiple
new technology/green energy commercial applications are being
courted for this proposed energy park. The proposed development
has the support of public and private research institutions, research
foundations, privately held technology companies, the Northern
Colorado Economic Development Corporation, and the Upstate
Colorado Economic Development Organization, to name a few. All
letters of support are included in the application materials.
b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
PUD will conform to the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-40, Bulk requirements -- The applicant intends to
adhere to the Commercial (C-3) and Industrial (1-3) Zoning
requirements, in regards to bulk standards and lot sizes, unless
otherwise specified on the plat. The applicant is seeking latitude to
construct facilities that may be similar in use, as defined in the
Business Commercial(C-3)and Industrial (1-3)Zone Districts, and as
delineated on the Niobrara Energy Park PUD Allowed Uses Table. In
addition to the specific uses allowed by the Weld County Code, the
uses identified herein, considered to be a part of the Colorado New
Energy Economy, are included as an allowed use. The commercial
component seeks to provide a range of activities and professional
services, including: stores and shops furnishing services and
merchandise to the general public, and professional offices; data
centers; research laboratories associated with educational
institutions; and microwave, commercial radio, television or
communications transmission or relay towers. The industrial
component is directly related to the production of energy, i.e., wind,
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solar, co-generation, gas, gathering and processing and alternative
energy creation, manufacturing storage and distribution technologies
including a smart grid facility. All uses located within the Commercial
or Industrial Zone Districts will be subject to a Site Plan Review, at a
minimum, and, in some instances, a 1041 Use by Special Review
Permit, as outlined in the Weld County Code or as otherwise
described on the Change of Zone plat land use summary list.
2) Section 27-2-70. Compatibility -- The property is adjoining a large
rangeland and a large-scale energy corridor which includes two (2)
major high-voltage sets of lines, three (3) large-scale high-pressure
gas lines, and one (1) oil pipeline flanks the easternmost property
line. Within 4,000 feet to the east, there exists a national "fiber
highway" of large-scale fiber optic backbone infrastructure. The
Poudre Valley REA has a substation to the south adjacent to the
Western Area Power Administration (WAPA)/Tri-State Generation
and Transmission Line. County Road 126 follows the topography,
high to the east, sloping to the west, and rising again at the curve to
the west towards the Townsite of Carr, Colorado. Carr Townsite is
two(2) miles to the west and the Pawnee grasslands are one(1)mile
to the east. The Cheyenne HUB is two (2) miles to the north-
northeast. The proposed PUD is uniquely located in the near vicinity
of a rapidly expanding oilfield and renewable energy area; near utility
corridors and transportation networks, including the Interstate 25 and
U.S. Highway 85 corridors; and in a strategic location to target energy
related industries, support services and an educated workforce of
public and private researchers, government agency personnel, and
industry representatives. This proposed PUD has the potential to
enable the "new energy economy" to expand to meet the regional
energy demands of Weld County, the Northern Front Range, and
Colorado, while enhancing traditional sources of energy to meet the
needs of the present.
3) Section 27-6-90, Signage -- The identification sign will meet the
height and size requirements of the Weld County Code. Planned
Unit Development signs adhere to the size standards of signs for
Commercial and Industrial uses, which is 150 square feet at a height
no greater than twenty-five (25) feet, per Section 23-4-80 and
Appendix 23-C and 23-D of the Weld County Code. The applicant
has not specified if entryway signage will be utilized at the two (2)
proposed points of ingress and egress.
c. Section 27-6-120.D.5.c — The uses which will be permitted shall be
compatible with the existing or future development of the surrounding area,
as permitted by the existing zoning, and with the future development, as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed PUD is not located within the three(3)
mile referral area or coordinated planning area of any municipality. It is
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located within three (3) miles of the Townsite of Carr, Colorado. The site is
located between Interstate 25 and U.S. Highway 85 on County Road 126,
which is the only paved road connecting two major transportation corridors.
The proposed development is located two (2) miles south of the Cheyenne
HUB and adjacent to two (2) transmission lines and pipeline corridors with
sufficient electrical service from the Poudre Valley REA presently sited on the
south side of County Road 126. Large tracts of rangeland owned by private
and state interests dominate.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards, Article II, of the Weld County Code.
1) Section 27-2-210 -- Water Provisions states, "A PUD Zone District
shall be serviced by an adequate water supply. All PUDs shall be
served by a public water system as defined in this Chapter. An
exception may be granted for nine (9) lots or less when public water
is not available and the PUD results in an intensity of development
that preserves and enhances agricultural lands and production. A
PUD applying for an exception to the public water requirement must
be considered a non-urban scale development as defined in this
Chapter." Note a non-urban scale PUD is nine (9) lots or less, as
defined in the Weld County Code. The Weld County Attorney's
Office has indicated in a referral response, dated January 24, 2011,
that with the safekeeping of the one-half water share of Cache la
Poudre Reservoir Company, the water is sufficient for the purposes
of the Change of Zone. The Weld County Department of Public
Health and Environment has indicated, in a referral response dated
February 17, 2011, that Chapter 27 of the Weld County Code has
been satisfied in regards to Individual Sewage Disposal Systems
(I.S.D.S). The Office of the State Engineer — Division of Water
Resources, in the referral response, dated February 2, 2011, stated
that "We have reviewed the application for a Planned Unit
Development Change of Zone for a business park on 644 acres
providing land uses that support and expand the development of
energy resources in Weld County. The submitted material does not
qualify as a "subdivision" as defined in Section 30-28-101(10)(a)
C.R.S." Further referrals will be sent to the Division of Water
Resources during the final plat process, which could require water
supply and augmentation plans. The Division of Water Resources
previously commented on the Planned Unit Development Sketch
Plan for this property in a letter dated December 8, 2010. Based on
the additional information provided in this submittal,the applicant will
not divide the property into less than 35-acre parcels. The proposed
source of water for the property is four(4) commercial exempt wells,
permit numbers 284364, 284365, 284366, and 284367, which have
yet to be constructed. The use of water from these wells is limited to
drinking and sanitary facilities for a commercial business, and may
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not be used for domestic, industrial, landscape irrigation or any other
outside purpose. If constructed, these wells must be operated in
accordance with their permitted terms and conditions. The applicant
has indicated that they will comply with the requirements of
commercial exempt wells. Section 37-92-602(3)(b)(III), C.R.S.,
requires that the cumulative effect of all wells in a subdivision be
considered when evaluating material injury to decreed water rights,
and Section 30-28-101(10)(b), C.R.S., states, "The terms
'subdivision'and 'subdivided land', as defined in paragraph(a)of this
subsection (10) shall not apply to any division of land which creates
parcels of land each of which comprises thirty-five(35)or more acres
of land and none of which is intended for use by multiple owners."
The applicant has been made aware that if any of the proposed
parcels in the development is less than thirty-five(35)acres, all of the
parcels are considered to be part of a subdivision. However, so long
as all parcels in the development are thirty-five (35) acres, or more,
the proposed wells (permit numbers 284364, 284365, 284366,
and 284367) may be constructed and operated in accordance with
their permitted conditions. The ability of the applicant to obtain new
well permits will be evaluated at the time that additional well permit
applications are submitted. The environmental impact plan
(Section 27-6-40) adequately addresses all environmental impacts.
e. Section 27-6-120.D.5.e- Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. County Road 126 is a collector road and requires an 80-foot
right-of-way at full buildout. There is presently a 60-foot right-of-way. This
road is maintained by Weld County. Pursuant to the definition of setback,
outlined in Section 23-1-90 of the Weld County Code,the required setback is
measured from the future right-of-way line. The Colorado Department of
Transportation (CDOT) states in the electronic referral dated
January 28, 2011, "CDOT has no comment regarding the zoning request, but
as development moves forward, there will be traffic impacts to U.S.
Highway 85 and potentially Interstate 25. Traffic impacts will need to be
identified in a traffic impact study and the applicant responsible for their
construction. CDOT looks forward to reviewing that document." The
applicant shall obtain an Access Permit for all PUD access(es)onto County
Road 126.
f. Section 27-6-120.D.5.f - The applicant shall submit an Improvements
Agreement According to Policy Regarding Collateral for On-site Private Road
Maintenance with the Final Plan application. This agreement must be
reviewed by the Department of Public Works and shall be approved by the
Board of County Commissioners prior to recording any Final Plat. The
applicant shall submit Improvement Agreements according to Policy
Regarding Collateral for Off-site Public Road Maintenance with the Final
Plan application. This agreement must be reviewed by Public Works and
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shall be approved by the Board of County Commissioners prior to recording
any Final Plat. The anticipated roadway and drainage improvements will be
to the adjacent and surrounding roadway network, as well as improvements
related directly to the proposed Niobrara Energy Park PUD Development.
g. Section 27-6-120.D.5.g — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The applicant will submit a preliminary Geotechnical
Engineering Report for the Niobrara Energy Park PUD with the Final Plat
application. Furthermore, the applicant has also deferred the submittal of the
Master Drainage Report and Stormwater Management Guide for the
Niobrara Energy Park PUD with the Final Plat application. The Weld County
Department of Public Works requires, for Final Plat approval of each Phase
of the Niobrara Energy Park PUD, that the applicant submit the appropriate
documentation including the Final Drainage Report and Final Construction
Drawings and Plans.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District(s) uses and the Conceptual Development Guide. The submitted
Development Guide does reflect portions of the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously. The applicant is requesting that this Change of Zone be
approved and that it be reviewed administratively at the Final Plat stage for
each parcel created within the PUD.
WHEREAS, this Corrected Resolution is necessary to correctly state the terms and
conditions of the original approval of Change of Zone PZ-1158.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC,
for Change of Zone, PZ #1158, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District, with Business Commercial (C-3) and Industrial (1-3) uses, having
nine (9) parcels of 35 acres in size or greater, open space and continuing oil and gas production
(Niobrara Energy Park PUD). The Commercial and Industrial uses shall comply with all bulk
standards of each Zone District conditional upon the following:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended, as follows:
1) All sheets of the plat shall be labeled PZ-1158.
2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone plat, per Section 27-9-20 of the Weld County
Code.
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3) The applicant shall request vacation of the sixty (60) foot wide
right-of-way, per Book 417, page 122. County Road 126 does not
exist in this location and there is no recorded document that has
been found which vacates this right-of-way. This referenced
right-of-way shall be removed from the plat.
4) The applicant shall request vacation of the thirty (30) foot wide
right-of-way, per Book 86, page 273, north of the centerline and west
of the northwesterly radius of the centerline for the new alignment of
County Road 126. County Road 126 does not exist in this location
and there is no recorded document that has been found which
vacates this right-of-way. This referenced right-of-way shall be
removed from the plat.
5) County Road 126 is designated on the Weld County Road
Classification Plan as a Collector Road, which requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
An additional 10 feet shall be delineated on the plat as future County
Road 126 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County. All rights-of-way and easements shall be dimensioned and
referenced by Book and Page, and reception number(s) on the
Change of Zone plat.
6) The plat shall delineate the gas drilling envelope locations, per State
statute.
7) The Niobrara Energy Park PUD—Allowed Commercial and Industrial
Use Table stipulating the Allowed Land Use, the Land Use
Application process, and a Definition of stated Allowed Land Use
shall be placed on any recorded plat.
8) "Weld County's Right to Farm" statement, as provided in
Appendix 22-E of the Weld County Code shall be placed on any
recorded plat.
B. The applicant shall submit three (3) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following notes being added to the
Change of Zone plat prior to recording:
A. Change of Zone, PZ#1158, is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development)Zone District, with Business Commercial
(C-3) and Industrial (1-3) uses, having nine (9) parcels of 35 acres in size or
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greater, open space and continuing oil and gas production(Niobrara Energy
Park). The Commercial and Industrial uses shall comply with the bulk
standards of each Zone District.
B. A Commercial-Industrial Owner's Association shall be established prior to the
sale of any lot. Membership in the Association is mandatory for each parcel
owner. The Association is responsible for liability insurance, taxes and
maintenance of open space, streets, private utilities, and other facilities.
Open space restrictions are permanent.
C. Weld County's Right to Farm statement as delineated on this plat shall be
recognized at all times.
D. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code. These requirements shall apply to all temporary and permanent signs.
E. Water service shall be obtained from four(4) individual commercial exempt
wells, permit numbers 284364, 284365, 284366, and 284367, to be located
on property greater than 35 acres, and permitted for commercial uses. The
use of water from these wells is limited to drinking and sanitary facilities for a
commercial business, and may not be used for domestic, industrial,
landscape irrigation or any other outside purpose. Additional wells may be
obtained.
F. This PUD is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Weld County Code in effect at the
time of construction, repair, replacement, or modification of the system.
G. A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or non-
contiguous land disturbance is greater than, or equal to, one(1)acre in area.
The applicant shall contact the Water Quality Control Division of the
Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/permitsunit, for more information.
H. During development of the site, all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
I. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five(5) acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
J. If land development creates more than a 25-acre contiguous disturbance, or
exceeds six (6) months in duration, the responsible party shall prepare a
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Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
K. Activities such as construction (i.e., auxiliary structures, dirt mounds,
etcetera) activities are expressly prohibited in the designated septic system
absorption field site.
L. Building permits shall be obtained prior to the construction of any structure.
M. Necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be granted
access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Conditions of Approval
stated herein and all applicable Weld County regulations.
N. The site shall maintain compliance, at all times,with the requirements of the
Weld County Government and the adopted Weld County Code and Policies.
O. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
P. Development within the Niobrara Energy Park PUD is subject to additional
land use permitting, as delineated in the allowed commercial and industrial
use table as shown on the plat for the Niobrara Energy Park PUD. A Site
Plan Review application is required on all items except those noted that may
require a permit issued pursuant to Chapter 21 of the Weld County Code on
each lot within the site.
Q. The Board of County Commissioners finds that separate review of the
following items is not necessary under the 1041 Regulations pursuant to
Section 21-2-20.D.2 of the Weld County Code.
1) Building new or relocation and expansion of the existing substation
to 115 KV or greater inside the PUD; or
2) Utility lines inside the PUD including, but not limited to, gas and
electric lines that exceed the minimum requirements to require
a 1041; or
3) One natural gas fired power plant up to but not exceeding 200
megawatts.
R. The applicant shall comply with Section 27-8-50 of the Weld County Code,
as follows: Failure to submit a Planned Unit Development Final Plan - If a
PUD Final Plan application is not submitted within three(3)years of the date
of the approval of the PUD Zone District, the Board of County
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Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submission of the PUD Final Plan. The Board may extend the date for the
submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the
Board determines that conditions or statements made supporting the original
approval of the PUD Zone District have changed, or that the landowner
cannot implement the PUD Final Plan, the Board of County Commissioners
may, at a public hearing, revoke the PUD Zone District and order the
recorded PUD Zone District reverted to the original Zone District.
S. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
T. Final Plan landscaping requirements found in Chapter 27 of the Weld County
Code shall be considered in light of: 1) current wells associated with the
development cannot be used for irrigation or any outdoor consumption;
and 2)the site is better suited to retain the natural and physical landscapes.
Any landscaping requirements found in Chapter 27of the Weld County Code
that are inconsistent with the foregoing findings shall be waived for this PUD.
3. The Change of Zone plat map shall be submitted to the Weld County Department of
Planning Services for recording within sixty (60) days of approval by the Board of
County Commissioners. With the Change of Zone plat map, the applicant shall
submit a digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for images is.tif(Group 4). (Group 6 is not acceptable). This digital
file may be sent to maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance#2005-7, approved June 1,2005,
should the plat not be recorded within the required sixty (60) days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3)month period.
5. At the time of Final Plan application submittal:
A. This Change of Zone application shall be considered to be a "Specific
Development Guide" for the purposes of Sections 27-6-20.6.2. and
Section 27-7-40.B.2 of the Weld County Code, but because certain materials
required in the Specific Development Guide were not appropriate at the time
the Change of Zone application was filed, the applicant shall, at the time of
submission of an application for final plan, supply the remaining submittal
requirements, including, at a minimum, the materials required by
Sections 27-6-30 through 27-6-110 of the Weld County Code ("Additional
Materials"). Upon submission of the said Additional Materials,the application
will be reviewed under the Specific Guide Criteria as specified in
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Sections 27-6-20 and §27-7-40.6.2 of the Weld County Code. Accordingly, if
the Department of Planning Services determines that the final plan submittal
is consistent with the previous sketch plan and change of zone submittals,
the Department of Planning Services shall send out referrals pursuant to
Section 27-7-40.B.2.a and further, if the applicant has demonstrated
compliance with Section 27-7-40.C.1 through C.8, the Director of Planning
Services may approve or conditionally approve the final plan application,
without a public hearing.
B. Section 27-5-30.J requires a copy of an existing easement or dedicated
right-of-way when it is contiguous to an easement or right-of-way of the
proposed Planned Unit Development.
C. Section 27-5-70.6.5 requires a description of the functional classification,
width and structural capacity of the street, and highway facilities which
provide access to the PUD Zone District. If the street or highway facilities
providing access to the PUD Zone District are not adequate to meet the
requirements of the proposed district, the applicant shall supply information
which demonstrates the willingness and financial capability to upgrade the
street or highway facilities in conformance with Sections 22-3-60
through 22-3-190 of the Weld County Code.
D. Section 27-5-70.B.8 requires a description and statement from the
representative of the provider of the utilities which demonstrates that there
are adequate utility provisions available to serve the development.
E. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations, and
dimensioned on the final plat. Easements shall follow rear and side lot lines
and shall have a minimum total width of twenty(20)feet apportioned equally
on abutting properties. Where front line easements are required, a minimum
of fifteen (15) feet shall be allocated as a utility easement.
F. The applicant shall provide the Weld County Department of Planning
Services with three (3) copies of the Bylaws and Articles of Incorporation for
the Commercial-Industrial Owner's Association; including three(3)copies of
the Restrictive Covenants for Niobrara Energy Park PUD for review by the
Weld County Attorney's Office. Any changes requested by the Weld County
Attorney's Office shall be incorporated.
G. The applicant shall submit development Covenants for Niobrara Energy Park
PUD. The Covenants shall state, "Activities such as construction activities
(i.e., auxiliary structures, dirt mounds, etcetera) are expressly prohibited in
the designated absorption field site." The Covenants shall also address
signage requirements and refer to the Weld County Code.
H. The applicant shall provide the Weld County Department of Public Works
with stamped, signed, and dated final plat drawings and
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roadway/construction and grading plan drawings for review. Construction
details must be included.
The applicant shall submit the road layout, including the road name
nomenclature, for review by all referral agencies and for preliminary
addressing of the subdivision lots by Filing or Phase.
J. Stop signs and street name signs will be required at all intersections and
shown on the final roadway construction plans.
K. Section 27-5-70.B.7 requires all development within a PUD Zone District
shall adhere to the storm drainage design and technical criteria regulations in
Section 24-7-130 of the Weld County Code. The historic stormwater
drainage patterns and runoff amounts will be maintained. The developer will
be required to submit a detailed Site-wide Master Drainage Plan and
engineering study, prepared by a Colorado licensed engineer that shows
both the undeveloped and developed drainage patterns. The drainage study
shall track the route of off-site stormwater discharges to a natural drainage
course such as a creek or river. Off-site discharge shall not damage
downstream property, roads or bridges. The developer will be required to
mitigate any downstream impacts caused by said development.
L. At the time of submittal of the first Final Plat application, the applicant shall
also submit a Final Drainage Report for the platted area. The report must be
stamped, signed, and dated by a professional engineer licensed in the State
of Colorado. The First Final Plat Drainage Report must address the
requirements listed in Section 8-11-120 of the Weld County Code. A
Drainage Report Checklist has previously been provided to the applicant's
engineer and shall be utilized by the engineer in the completion of the Master
and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm
and 100-year storm flows both entering and leaving the development.
Detention of the 100-year storm developed condition while releasing at
the 5-year pre-development rate is required to protect downstream
properties. The drainage design shall prevent erosive conditions in the
natural drainageways.
M. Final grading, drainage construction, erosion and sediment control plans,
and water quality control plans (conforming to the Master Drainage Report)
for the platted area must be stamped, signed, and dated by a professional
engineer licensed in the State of Colorado, and shall be submitted for review
and approval at the time of First Final Plat.
N. The Geotechnical Report will need to be revised for the Final Plat phase of
the Planning process to include a preliminary pavement design for the roads
to be constructed within the property. The Final Plat Geotechnical Report
needs to be updated to reference appropriate sections of the International
Building Code (IBC). The revised geotechnical soil report will address
groundwater and boring data used in pavement design.
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O. For the First Final Plat application,the applicant shall submit a re-vegetation
plan of all areas disturbed during construction. The plan shall include
information regarding plant type, installation methods, and maintenance.
P. For the First Final Plat application, the applicant shall submit a construction
schedule in accordance to Section 27-2-200 of the Weld County Code.
Q. The applicant shall submit a Final Phasing Plan for all Filings and Phases of
this development.
R. As-Built survey data and plans of all drainage facilities, including elevations
of all storm drain pipes, headwalls, inlets, swales, detention pond outlet
structures giving locations and elevations of key features, shall be submitted
in digital format to Weld County upon completion of construction and final
acceptance by the County.
S. The applicant shall submit written evidence from the Nunn Fire Protection
District, stipulating that there is adequate fire flow for all areas within this
development, or that there is an adequate means to address emergency fire
related events. Further,the evidence shall include a written sign-off from the
Fire Marshall for the Nunn Fire Protection District.
T. The applicant shall submit, to the Weld County Department of Planning
Services, a copy of an agreement with the property's utility owners and
lessees stipulating that the existing gas and electric utility easements and/or
activities have adequately been incorporated into the design of the site.
U. A detailed Traffic Study following the Traffic Study checklist will be required
at the time of the Final Plat application. Roadway improvements including,
but not limited to, auxiliary lanes, widened radii and consolidation of
accesses may be required. The applicant shall fully fund the roadway
improvements triggered by this development. County Road 126 is classified
as a collector roadway. The applicant should utilize the two (2) existing
accesses to this parcel; due to sight distance and other public safety issues,
additional accesses will not be granted
V. The Weld County Building Technician will provide addresses at the time of
Final Plat. The subdivision street name and lot addresses shall be submitted
to the Nunn Fire Protection District, the Weld County Sheriffs Office, Weld
County Paramedic Service, and the Post Office for review. Written evidence
of approval shall be submitted to the Weld County Department of Planning
Services.
W. National Pollutant Discharge Elimination System(NPDES) requirements will
dictate that the applicant obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment. A copy of this
permit and a Best Management Practices Erosion Control Plan will be
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required by the Weld County Department of Public Works as part of the Final
Plan submittal. No site grading will be permitted until these documents have
been submitted and reviewed.
X. The applicant shall submit written evidence of an accepted erosion control
plan from the West Greeley Soil Conservation District specific to buffer areas
adjacent to Little Owl Creek, defined drainage-ways and ditches to protect
against erosion.
Y. The applicant shall submit details of the proposed mailbox areas to the
appropriate postal district for review and approval. Any required changes
shall be indicated on the Final plat. Further, the applicant shall verify that
each facility meets the intent of the Americans with Disabilities Act(ADA)for
access.
Z. The applicant shall provide the Weld County Department of Planning
Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld
County Code.
AA. At such time as the realigned County Road 126 is accepted and open for
traffic, the applicant shall provide the Weld County Departments of Public
Works and Planning Services with a request to vacate a portion of the
existing County Road 126, as described in Book 417, Page 122, for review
and approval by the Board of County Commissioners.
BB. The applicant shall submit written evidence from the Colorado Division of
Wildlife (CDOW), addressing any requested buffer areas adjacent to Little
Owl Creek, unnamed drainage-ways, mapped wetlands and riparian areas
regarding protection from impacts to wildlife, existing and proposed
vegetation, and disturbance including issues of noxious weeds.
CC. The applicant shall contact the Vegetation Weed Management Specialist at
the Weld County Department of Public Works to develop a weed
management plan. The approved plan shall be included in the Final Plan
application.
DD. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
EE. The applicant acknowledges that referral agencies will be notified at time of
final plan submittal and that the applicant will be required to address the
referral comments.
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FF. The Colorado Department of Transportation (CDOT) may require
improvements to U.S. Highway 85, as it relates to impacts associated with
development, and the applicant acknowledges that these impacts have been
deferred to final plat and site plan. Prior to recording any final plat or site
plan, these issues will be addressed.
GG. The applicant shall address the requirements and concerns of Public Service
of Colorado, as stated in the referral response dated February 9, 2011.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
6. At the time of application for any Plat subsequent to the First Final Plat:
A. The applicant shall provide the Weld County Department of Public Works
with stamped, signed, and dated final plat drawings and
roadway/construction and drainage/grading plan drawings for review.
Construction details must be included.
B. At the time of submittal of a subsequent Final Plat application, the applicant
shall submit a Final Drainage Report for the new platted area. The report
must be stamped, signed, and dated by a professional engineer licensed in
the State of Colorado. The Revised Final Plat Drainage Report must
address the requirements listed in Section 8-11-120 of the Weld County
Code. A Drainage Report Checklist has previously been provided to the
applicant's engineer and shall be utilized by the Engineer in the completion of
the Master and all subsequent Final Plat Drainage Reports. The reports
shall evaluate the 5-year storm and 100-year storm flows both entering and
leaving the development. Detention of the 100-year storm developed
condition, while releasing at the 5-year pre-development rate, is required to
protect downstream properties. The drainage design for the subsequent
Final Plat(s), and parcels under review shall demonstrate how the proposed
development will integrate with the Master Drainage Plan for the site. The
drainage design shall prevent erosive conditions in the natural drainageways.
C. Final grading, drainage construction, erosion and sediment control plans,
and water quality control plans (conforming to the Drainage Report) for the
new platted area stamped, signed, and dated by a professional engineer
licensed in the State of Colorado shall be submitted for review and approval.
D. The applicant shall submit a site specific Final Geotechnical Engineering
Report for the parcel of land under review within the Niobrara Energy Park
PUD.
E. The applicant shall submit a re-vegetation plan of all areas disturbed during
construction. The plan shall include information regarding plant type,
installation methods, and maintenance.
2011-0652
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 18
F. Section 27-5-70.B.6 requires a traffic impact analysis prepared by a
registered professional engineer competent in traffic engineering which shall
be provided by the developer. This report shall address the impacts of the
development of this subsequent Final Plat on the internal and external road
networks.
G. Section 27-5-70.B.11 requires adjacent roadways shall be designed to meet
the full typical section specified by the Weld County Department of Public
Works and Chapter 24 of this Code. Required improvements may include
the construction of travel lanes, shoulders, bike lanes, medians, curb,gutter
and sidewalks, for example, as well as the acquisition of right-of-way and
construction easements that will be dedicated to the public. Improvements
attributed to the development shall be consistent with the direct impact a
particular development has on the Weld County road system as determined
by a professional transportation study.
H. The applicant shall submit collateral for all improvements associated with the
development of a commercial or industrial parcel, prior to recording the Site
Plan Review (SPR) or plat associated with a permit issued pursuant to
Chapter 21 of the Weld County Code on each lot within the site.
The Board of County Commissioners finds that separate review of the
following items is not necessary under the 1041 Regulations pursuant to
Section 21-2-20.D.2 of the Weld County Code.
1) Building new or relocation and expansion of the existing substation
to 115 KV or greater inside the PUD; or
2) Utility lines inside the PUD including, but not limited to, gas and
electric lines that exceed the minimum requirements to require a
1041; or
3) One natural gas fired power plant up to but not exceeding 200
megawatts.
7. Prior to recording any Final Plat(s):
A. Original copies of the approved covenants, along with the appropriate
recording fee (currently $6.00 for the first page and $5.00 for subsequent
pages), shall be submitted to the Weld County Department of Planning
Services.
B. The applicant shall submit Certificates from the Secretary of State showing
the Commercial-Industrial Owner's Association has been formed and
registered with the State of Colorado.
C. An Improvements Agreement will be required prior to recording of the final
plat. The agreement and form of collateral shall be submitted to, and
2011-0652
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 19
reviewed by,the Weld County Departments of Planning Services and Public
Works, and accepted by the Board of County Commissioners prior to
recording the final plat.
D. The Final Plan plat map shall be submitted to the Weld County Department
of Planning Services for recording within sixty (60) days of approval by the
Board of County Commissioners. With the Final Plan plat map,the applicant
shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation);
acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal
GeoDataBase (MDB). The preferred format for images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
E. The applicant shall submit an Improvements Agreement and Collateral that
addresses On-Site and Off-Site Improvements, and Long Term Maintenance,
according to Policy Regarding Collateral for Improvements. These
agreements must be reviewed by the Weld County Departments of Public
Works and Planning Services and shall be approved and collateral accepted
by the Board of County Commissioners.
F. The Commissioners find, in view of the location and the 35 acre minimum lot
size requirement, that this PUD shall not be required to comply with the 80
acre agricultural outlot requirement(Weld County Code, Section 27-2-210).
8. Prior to release of collateral:
A. Release of collateral shall follow procedures as identified in County Code
Policy Regarding Collateral for Improvements and enumerated in the
Improvements Agreement(s).
2011-0652
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CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT)- RAWAH RESOURCES, LLC
PAGE 20
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: USED
� ; p r • :ra Kirkmeyer, Chair
Weld County Clerk to the Boar it 1861 ( O eta ._
'4aat" - • SED
BY: U11-Wr/ ®� P. .,•way, Pro-Tem
Deputy Clerk to the Board
Will' F. Garcia
AP O D ORM: 6OC
David E. Long, Acting Ch it Pro-Tem r—bty Attorney oovs(5 rclivp:
Douglas Rademach r
Date of signature:
2011-0652
PL2110
Memorandum
1861 - 2011 TO: Bruce Barker, County Attorney
CC: Trevor Jiricek, Planning Services Director
FROM: Tom Parko, Planning Manager
W E L DEC O U N T Y Department of Planning Services
DATE: May 17, 2011
RE: Niobrara Energy Park (CZ-1158)
This memo is an attempt to highlight the modifications made to CZ-1158 (AKA Niobrara Energy Park
PUD). The Niobrara COZ was approved by the Board of County Commissioners on March 16, 2011 .
Following the approval the developer and owner of the park, Craig Harrison approached staff with a
request to modify some of the language in the Resolution and COZ Uses Table. Below are the
changes to the Resolution . Attached to this memo are the changes to the COZ Uses Table and the
red-lined strikeouts. It is my understanding that these changes will be circulated to the Board of
County Commissioners. During this time the Board can decide whether they want to approve them
with or without further public comment or hearings.
Modification #1 : Page 6: d(1 ) .
Deleted - "
outlot except for cluster PUD's"
Reason for change: The Board of County Commissioners agreed to waive this requirement during
the hearing .
Modification #2: Page 9: 1 .A.7.
Deleted -- `The plat shall delineate the setback radius for each oil or gas well, pumps, heater
of-which must be connected and functional'-
Reason for change: There are no existing oil wells to measure a set back from . This note can be
added to future site plans or final plans.
Modification #3: Page 11 ; Paragraph Q.
Deleted — "
•
Inserted new language — "The Board of County Commissioners find that separate review of the
following items is not necessary under the 1041 regulations pursuant to WCC §21 -2-20. D.2"
1
Reason for change: The Board of County Commissioners agreed that certain uses could be
permitted through the SPR (Site Plan Review) and therefore not necessary under 1041 regulations.
Modification #4: Page 12; Q. 3.
I Deleted — " 120" megawatts
Inserted new language — "200" megawatts
Reason for change: According to the developer the 120 megawatt threshold was not completely
understood at the time of the application and during the hearing . The developer has found out
through recent RFP's for potential projects that the threshold needs to increase to 200 megawatts.
This particular reference is related to the natural gas fired plants. A copy of what a 200 megawatt
natural gas fired plant in Arvada Colorado is attached to this memo.
Modification #5: Page 12.T.
Deleted — "are not necessary at time of change of zone because. ."
Inserted new language — "Final Plan landscaping requirements found in Weld County Code,
Chapter 27 shall be considered in light of: 1 ) current wells associated with the development cannot
be used for irrigation or any outdoor consumption; and 2) the site is better suited to retain the natural
and physical landscapes. Any landscape requirements found in Weld County Code, Chapter 27 that
are inconsistent with the foregoing findings shall be waived for this PUD".
Reason for change: The Board of County Commissioners agreed that the developer could forgo
landscaping requirements for the property because of limiting factors such as water availability and
restrictions.
Modification #6: Page 13.A.
Deleted — "Athough this Change of Zone application is not considered to be a "Conceptual
Development Guide" for the purposes of Sections 27-6-20.G. and 27 7 40.D. 1 . of the Weld County
Code, the applicant shall comply with the submittal requirements and meet all criteria for a Specific
Development Guide, including any information not a part of the Change of Zone Development
Guide. At a minimum , Sections 27-6-30 through 27-6-110 of the Weld County Code will be
addressed in sufficient detail."
Inserted new language — "This Change of Zone shall be considered to be "Specific Development
Guide for the purposes of Sections 27-6-20. B.2 and Section 27-7-40. B.2 of the Weld County Code,
but because certain materials required in the Specific Development Guide were not appropriate at
the time the Change of Zone application was filed , the applicant shall at the time of submission of an
application for final plan supply the remaining submittal requirements, including , at a minimum , the
materials required by Sections 27-6-30 through 27-6-110 of the Weld County Code. Upon
submission of the said Additional Materials, the application will be reviewed under the Specific
Guide Criteria as specified in §27-6-20 and §27-7-40. 6.2 of the Weld County Code. Accordingly, if
the Department of Planning Services determines that the final plan submittal is consistent with the
previous sketch plan and change of zone submittals, the Department of Planning Services shall
send out referrals pursuant to Section 27-7-40. B.2.a and further, if the applicant has demonstrated
compliance with Section 27-7-40.C. 1 through C.8. , the Planner shall approve or conditionally
approve the final plan application , without public hearing".
2
Reason for change — The developer acknowledges that the COZ application did not meet the
specific guide criteria under the PUD because of the unique nature of the project. The developer
wants to treat the COZ as specific at this time in order for future final plans to be processed
administratively. The developer acknowledges that if the additional material isn't submitted a time of
final plan, staff does not have to process the final plan administratively and it could go to the Board
for approval and require hearings.
Modification #7: Page 18. 1
Deleted — "No permit pursuant to C iapter 2 ' of t le We c County Coce s la be requircc for any of
upon which the following uses shall be located"
Inserted new language - The Board of County Commissioners find that separate review of the
following items is not necessary under the 1041 Regulations pursuant to WCC §21 -2-20. D.2:
Reason for change — This change represents the change made on Page 11 , Paragraph 2 and
makes it consistent.
Modification #8: Page 18. 1 .3.
I Deleted --"1-20"-megawatts
Inserted new language — megawatts
Modification #9: Page 19. F.
Deleted — "No eighty acre agricultural outlot, as referred to in Section 27 2 210 of the Weld County
Code, shall be required to be preserved".
Inserted new language — "The Commissioners find , in view of the location and the 35-acre
minimum lot size requirement, that this PUD shall not be required to comply with the 80-acre
agricultural outlot requirement (Weld County Code, Section 27-2-210). "
In addition to the above, the applicant would like to request a 60-day extension to record the COZ
plat. The deadline to record the plat is May 16, 2011 . The plat should be recorded well before the
extension since the applicant has been working with staff to finalize the plat and conditions of
approval .
Staff recommendation :
The modifications are not deemed to be "major changes" that could trigger additional public review
or hearings. All the changes are proposed by the owner and owner's representatives.
3
NIOBRARA ENERGY PARK PUD - ALLOWED COMMERCIAL AND INDUSTRIAL USES
SPR - Site Plan Review
Allowed Land Use Pro- Definition of Allowed Land Use
(or similar uses) cess
1 PHOTOVOLTAIC ENERGY AND/OR SPR A system which uses solar cells to convert light into electricity. A photovoltaic
SOLAR ENERGY "FARM" system consists of multiple components, including cells, mechanical and electrical
connections and mountings and means of regulating and/or modifying the
Under 50 MW OR LESS electrical output
2 RESEARCH LABORATORIES SPR A facility for scientific research in technology-intensive fields. Examples include,
but are not limited to energy, oil, petroleum, biotechnology, pharmaceuticals,
genetics, plastics, polymers, resins, coating fibers, films, heat transfer and
radiation research facilities.
3 SMART GRID FACILITY SPR * A facility that controls and monitors an electricity network utilizing digital
technology. A smart grid delivers electricity from suppliers to consumers using
two-way digital communications to control devices such as appliances at
consumers' homes; this saves energy, reduces costs and increases reliability and
transparency. It overlays the ordinary electrical grid with an information and net
metering system, that includes smart meters.
4 ALTERNATIVE ENERGY CREATION SPR A facility which produces or distributes a form of energy in which the energy
FACILITY produced refers to any source of usable energy intended to replace fuel sources
Under 50 MW OR LESS without the undesired consequences of the replaced fuels
S ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy
MANUFACTURING FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels
Under 50 MW OR LESS
6 ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy
DISTTRIBUTION FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels
Under-SO MW OR LESS
7 GEOTHERMAL PRODUCTION SPR A facility whch produces electricity generated from geothermal energy. Electricity
Under-50 MW OR LESS ,
common process is the steam flash
8 WIND GENERATORS/ TURBINES SPR WIND GENERATOR: A generator specifically designed to convert the kinetic
AND HYBRID WIND USE energy in wind into electric energy. a wind generator may include a generator,
tower and associated control or conversion electronics. The height of a wind
Under SO MW OR LESS tower is measured to the tip of the blade.
WIND TURBINE: A machine or machines that convert the kinetic energy in the
wind into a usable form (commonly known as a "wind turbine" or "windmill").
The wind energy conversion system includes all parts of the system except for the
tower and transmission equipment, excluding turbines for private use.
9 ENERGY STORAGE SPR A facility in which a method and specific technique for storing energy derived
TECHNOLOGIES: INCLUDING BUT from some primary source in a form convenient for use at a later time when a
NOT LIMITED TO BATTERIES, specific energy demand is to be met, often in a different location. These types
FLYWHEEL (FES), CHEMICAL may include but are not limited to battery, flywheel (FES), chemical conversion
CONVERSION AND MAGNETIC and magnetic storage
10 FUEL CELL DEVELOPMENT SPR A facility for the research and development of an electric cell in which the
chemical energy from the oxidation of a gas fuel is converted directly to electrical
energy in a continuous process.
11 COMPRESSED AIR STORAGE SPR A facility that stores energy generated at one time for use at another time. At
utility scale, energy generated during periods of low energy demand (off-peak)
can be released to meet higher demand (peak load) periods. There are three
1
types of storage. (1) Adiabatic storage retains the heat produced by compression
and returns it to the air when the air is expanded to generate power. (2)Diabatic
storage dissipates the extra heat with intercoolers (thus approaching isothermal
compression) into the atmosphere as waste. (3) Isothermal compression and
expansion approaches attempt to maintain operating temperature by constant
heat exchange to the environment.
12 ELECTRIC SUBSTATION SPR See Major Facility of Public Utility, #21 on this Table.
Under 115 kv OR LESS
13 ELECTRIC SUBSTATION SPR See Major Facility of Public Utility, #21 on this Table.
115KV OR GREATER
14 REPLACEMENT ELECTRIC SPR Replacement, relocation and expansion of the PVREA Rockport Substation.
SUBSTATION
115KV OR GREATER
15-1-3 IN-PARK ELECTRIC UTILITIES SPR Electric utilities serving uses within this
UNDER 115 kv OR LESS PUD ,
16 IN-PARK ELECTRIC SPR Electric utilities serving uses within this PUD.
115KV OR GREATER
1744 IN-PARK FIBER, GAS & OTHER SPR Gas, fiber optics, and other utilities serving uses within this
UTILITIES PUD.
UNDER 115 kv OR LESS
184 NATURAL GAS-FIRED POWER SPR Natural gas turbine and/or reciprocating engine plant_
PLANT
Under 50 MW OR LESS
19 NATURAL GAS-FIRED POWER SPR Natural gas turbine and / or reciprocating engine plant.
PLANT 20 MW OR LESS
2044 CO-GENERATION ELECTRIC SPR Also known as combined heat and power(cogeneration) or CHP, and total energy,
PLANT is a very efficient, clean, and reliable approach to generating power and thermal
energy from a single fuel source such as natural gas or bio-methane.
Under 50 MW OR LESS Cogeneration plants recover the "waste heat" that is otherwise discarded from
conventional power generation to produce thermal
energy. This energy is used to provide cooling or heating for industrial facilities,
district energy systems, and commercial buildings. Through "waste heat
recovery," cogeneration power plants achieve typical effective electric
efficiencies of 70% to 90% —a dramatic improvement over the average 33%
efficiency of conventional fossil-fueled power plants
2144 UTILITY SERVICE FACILITIES, SPR Major Facility of Public Utility -- Public Utilities or Public Agencies operating or
MAJOR FACILITIES OF PUBLIC constructing a mine, electric transmission lines, commercial radio transmission
UTILITIES SUCH AS OIL, GAS, towers, cellular and other wireless communication towers, domestic water
SOLAR, WIND OR ELECTRIC storage facilities, power plants, substations of electrical utilities,storage areas of
GENERATION utilities providing electricity, and natural gas or other petroleum derivatives,
including extension, expansions or enlargements thereof; PIPELINES of utilities
Under 50 MW OR LESS providing natural gas or other petroleum derivatives, including extensions,
expansions or enlargements thereof; road, park or other public way, ground or
space, public building or structure or public utility, whether publicly or privately
owned,
22.15 DATA CENTERS SPR A facility used to house computer systems and associated components, such as
telecommunications and storage systems. It generally includes redundant or
backup power supplies, redundant data communications
connections, environmental controls and security devices
2349 CLOUD COMPUTING CENTERS SPR Using facilities of a third party provider on the Internet (the "cloud") to store,
deploy and run applications. Cloud computing takes two forms. It may refer to
"utility" computing in which only the hardware and software infrastructure
(operating system, databases, etc.) are offered, or it may refer to "software as a
service" (SaaS), which includes the business applications as well. Regardless
whether the cloud is infrastructure only or includes applications, major features
are self service, scalability and speed
24-2O TELECOM HOTEL / NETWORK SPR Also known as a colocation centre or carrier hotel which is a type of data centre
STATION where multiple customers locate network, server and storage gear and
interconnect to a variety of telecommunications and other network service
2
provider(s) with a minimum of cost and complexity.
2524 COMMERCIAL RESEARCH SPR A school established to provide on-site training of business, trade, commercial,
SCHOOLS industrial, clerical, managerial or artistic skills. This definition applies to schools
that are owned and operated privately for profit and that do not typically offer a
complete educational curriculum. This classification excludes establishments that
provide training in an activity that is not otherwise generally permitted in the
zone district. Incidental instructional services in conjunction with another primary
use shall not be considered a Commercial School.
262-3 PUBLIC SCHOOL EXTENSION SPR A school that typically outsources training and other technical courses to industries
CLASSES where the student is given the opportunity to gain hands-on training.
272-3 POLICE AND FIRE STATIONS SPR Facilities for law enforcement and emergency responders.
2824 GAS GATHERING AND SPR The gathering of raw natural gas from individual wells or central delivery points,
PROCESSING FACILITY which may have multiple wells behind them. Connecting wells and central
delivery points to gathering lines through which the raw natural gas flows to a
processing plant, treating facility or directly to interstate or intrastate gas
transportation pipelines. The processing plants remove any impurities in the raw
natural gas stream and extract the NGLs.
2925 GAS COMPRESSOR STATION SPR A facility which helps the transportation process of natural gas from one location
to another. Natural gas, while being transported through a gas pipeline, needs to
be constantly pressurized in certain distance intervals. The gas in compressor
stations is normally pressurized by special turbines, motors and engines.
3024 OIL AND GAS POST SPR See Oil and Gas Support and Service
PRODUCTION FACILITIES
3123 OIL OPERATION EQUIPMENT SPR OIL AND GAS SUPPORT AND SERVICE -- Location and operation bases for
STORAGE businesses whose primary activity includes the following kinds of uses:
a. Parking and maintenance of exploration, production or workover equipment..
b. Equipment and storage yards for road and pipeline construction contractors,
and production unit set-up and maintenance contractors.
c. Parking and maintenance for tank and water service companies.
d. Storage and rental yards for pipe and production equipment.
e. Field offices used by production-related records and maintenance personnel.
f. Disposal and recycling sites for production waste (except production water
disposed through either secondary recovery or deep well disposal methods
and the mode of transport to such injection wells is exclusively via pipeline
from the source and no on-site storage occurs,) except businesses whose
activities are primarily manufacturing and fabricating or whose use is
primarily for general company offices used by other than company officials.
g. Oil and gas processing facilities and related equipment, including, but not
limited to, compressors associated with gas processing or which compress gas
to enter a pipeline for transport to market.
3225 OIL AND GAS STORAGE SPR One (1) or more tanks which receive and store oil or gas from sources other than
FACILITIES direct from the oil and gas well.
3349 OIL TANK FARM COLLECTION SPR See Oil and Gas Storage Facility
AND TERMINAL FACILITY
3438 WATER RECYCLE FACILITY SPR
Facility that recycles production water
3534 WATER INJECTION FACILITY SPR Production water disposed through either secondary recovery or deep well
disposal methods and the mode of transport to such injection wells is exclusively
via pipeline from the source and no on-site storage occurs.
3634 STORAGE OF FRESH WATER SPR See Oil and Gas Support and Service
FOR HYDRAULIC DRILLING AND
FRACING OPERATIONS
3733 STORAGE OF SAND AND SPR See Oil and Gas Support and Service
CHEMICALS USED IN THE
FRACING STIMULATION PROCESS
3
3834 SALVAGE YARD (BONE YARD — IN SPR See Oil and Gas Support and Service
CONNECTION WITH ENERGY
PRODUCTS)
3934 CARGO CONTAINERS SPR A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for
repeated use, constructed of metal and being airtight and water-resistant.
b. Specially designed to facilitate the carriage of goods, by one ( 1) or more
modes of transport, one ( 1) of which shall be by vessels, without intermediate
reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer from
one (1) mode of transport to another.
d. So designed to be easy to fill and empty.
e. Having a cubic displacement of one thousand (1,000) cubic feet or more.
f. A railroad car of any type shall not be considered a cargo container
4036 HEAVY MANUFACTURING, SPR The manufacture of compounding process or raw materials. These activities or
PROCESSING processes would necessitate the storage of large volumes of highly flammable,
toxic materials or explosive materials needed for the manufacturing process.
These activities may involve outdoor operations as part of the manufacturing
process.
4137 ANY USE OF A RESEARCH, SPR PROCESSING: An activity associated with the transformation of materials or
REPAIRING, MANUFACTURING, substances into new products, which may include blending of gases and liquids.
FABRICATING, PROCESSING, STORAGE AREA: Any facility, including appurtenant facilities, designed to store
ASSEMBLING OR STORAGE fifty million (50,000,000) cubic feet or more of natural gas or similar petroleum
NATURE derivatives, or one hundred thousand (100,000) barrels or more of liquid
petroleum derivatives.
4238 MICROWAVE, COMMERCIAL SPR See Major Facility of Public Utility
RADIO, TELEVISION OR
COMMUNICATIONS
TRANSMISSIION OR RELAY
TOWERS
43-39 ACCESSORY USESOFFICES FOR See accessory uses defined in Chapter 23 of the Weld County Code.
USE 8Y OPERATORS OF PRIMARY Specifcally as it realtes to 13 and C 3 uses.
USES ON SITE;
RETAIL SALES WHEN ACCESSORY Included but not limited to:
TO USES ON SITE; OUTDOOR
STORAGE, WHEN SCREENED Offices for use by operators of primary uses on site;
FROM ADJACENT PROPERTY AND Retail sales when accessory to uses on site; outdoor storage, when screened from
PUBLIC RIGHTS OF WAY; Adjacent property and public rights-of-way;
LOADING AREAS OR Loading areas or structures;
STRUCTURES; Parking areas or structures;
PARKING AREAS OR Mobile homes for caretakers or security personnel;
STRUCTURES; Recreational facilities for the use of employees on site;
MOBILE HOMES FOR Areas for parking vehicles or equipment;
CARETAKERS OR SECURITY Helipads when they are accessory to the primary uses on site;
PERSONNEL; Maintenance facilities when accessory to uses on site.
RECREATIONAL FACILITIES FOR
THE USE OF EMPLOYEES ON SITE;
AREAS FOR PARKING VEHICLES
OR EQUIPMENT; HELIPADS
WHEN THEY ARE ACCESSORY TO
THE PRIMARY USES ON SITE;
MAINTENANCE FACILITIES WHEN
ACCESSORY TO USES ON SITE
UBR - Use By Right (No Review Required)
4449 OIL AND GAS PRODUCTION UBR Consist of the oil or gas well, pumps, heater treaters, separators, meters,
FACILITIES compressors, tank battery and other equipment directly associated with the
producing well, all of which must be connected and functional
4544 AGRICULTURAL USES UBR Livestock Grazing
1041
4
Allowed Land Use Pro- Definition of Allowed Land Use
cess
4642- ALTERNATIVE ENERGY CREATION 1041 A facility which produces or distributes a
FACILITY form of energy in which the energy produced refers to any source of usable energy
Over 50 MW OR GREATER intended to replace fuel sources without the undesired consequences of the
replaced fuels
4743 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy in which the energy produ
MANUFACTURING FACILITY intended to replace fuel sources without the undesired consequences of the
Over 50 MW OR GREATER replaced fuels
4844 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy in which the energy produ
DISTTRIBUTION FACILITY refers to any source of usable energy intended to replace fuel
Over 50 MW OR GREATER sources without the undesired consequences of the replaced fuels
494S GEOTHERMAL PRODUCTION 1041 A facility which produces electricity generated from geothermal energy. Electricity k
dry steam power plants, flash
Over 50 MW OR GREATER steam power plants and binary cycle power plants. The most
common process is the steam flash process, which incorporates
steam separators to take the steam from a flashing geothermal
well and passes the steam through a turbine that drives an electric
generator
5046 UTILITY SERVICE FACILITIES, 1041 See Major Facility of a Public Utility, #21 in this Table. Major Facility of Public
MAJOR FACILITIES OF PUBLIC Utilities or Public Agencies operating or constructing a mine,
UTILITIES SUCH AS OIL, SOLAR, electric-transmission lines, commercial radio transmission towers, cellular and
WIND OR ELECTRIC GENERATION communication towers, domestic water storage facilities, power
plants, substations of electrical utilities,storage areas of utilities providing
Over 50 MW OR GREATERnatural gas or other petroleum derivatives, including extension,
expansions or enlargements thereof; pipelines of utilities providing natural gas-or
-petroleum-derivatives, including extensions, expansions or enlargements
park or other public way, ground or space, public building or
structure or public utility, whether publicly or privately owned
514-7 NATURAL GAS- FIRED POWER 1041 Natural gas turbine power plant and / or reciprocating engine plant.
PLANT
Over 120 MW GREATER THAN 200
MW
48 NATURAL GAS FIRED POWER 1041 Natural gas turbine power plant
PLANT
Between SO MW and 120 MW
5249 CO-GENERATION ELECTRIC 1041 Also known as combined heat and power (cogeneration) or CHP, and total
PLANT energy, is a very efficient, clean, and reliable approach to generating power and
thermal energy from a single fuel source such as natural gas or bio-methane.
Ov 50 MW OR GREATER Cogeneration plants recover the "waste heat" that is otherwise discarded from
conventional power generation to produce thermal
energy. This energy is used to provide cooling or heating for industrial facilities,
district energy systems, and commercial buildings. Through "waste heat
recovery," cogeneration power plants achieve typical effective electric
efficiencies of 70% to 90% —a dramatic improvement over the average 33%
efficiency of conventional fossil-fueled power plants
SO ELECTRIC SUBSTATION 1041 See Major Facility of Public Utility
Over 115KV
S4 IN PARK ELECTRIC 1041 Electric Utilities serving uses within this PUD
OVER 115 KV
S� REPLACEMENT ELECTRIC 1041 Replacerneatruelocation and expansion of the PVREA Rockport Substation
SUBSTATION on site, without limitation to voltage
Over 115 KV
5
Hello