HomeMy WebLinkAbout20110653 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMER: PZ-1158
APPLICANT: Rawah Resources, LLC
PLANNER: Tom Parko
REQUEST: A Change of Zone from the A(Agricultural)Zone District to the PUD(Planned
Unit Development)Zone District,with C-3(Business Commercial) and 1-3
(Industrial) uses, open space, and continuing oil and gas production (Niobrara
Energy Park).
LEGAL DESCRIPTION: All of Section 19, T11 N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 126; approximately 0.75 miles west of State Hwy
85.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of the
Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Section 27-6-120.8.2.a The proposal is consistent with any intergovernmental agreement in effect
influencing the PUD and Chapters 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 Inter-
Government Agreement nor is it located within an urban growth boundary. The proposal is
consistent with the aforementioned documents as follows:
• Section 23-2-20.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 23-2-20.G.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 and Research Foundations, privately held technology
companies and the Northern Colorado Economic Development Corporation and Upstate
Colorado Economic Development organization.
Section 23-2-80.F 1.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 and site specific design and
development of each parcel of land created through the PUD Final Plat application process.
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." 1. WA.Policy 6.1.
•
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.
Applications should also describe whether the proposed water is currently available for use or
2011-0653
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Rawah Resources, LLC
Page 2
• reasonably obtainable. (Weld County Code Ordinance 2002-6; Weld County Code Ordinance
2008-13)
The County Attorney's office in their electronic mail transmission, dated January 24, 2011 which
is attached indicated that the requirement of providing adequate water has been satisfied for the
purposes of the COZ. In addition, the County's Attorney's office has a one-half water share of
Cache la Poudre Reservoir Company, which a copy is attached.
The Office of the State Engineer—Division of Water Resources, in their referral response dated
February 2, 2011 indicated that the submitted materials does not qualify as a "subdivision" as
defined in Section 30-28-101(10)(a)C.R.S. The proposed source of water for the property is four
(4)commercial exempt wells, permit nos. 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 Department of Public Health and Environment stated in their February 17 2011 referral that
Chapter 27 of the Weld County Code has been satisfied in regards to individual sewage disposal
systems.
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," and Section 22-3-60.C. 5.
T.Policy 3.5. states "Recognize 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. The Colorado Department of Transportation in their electronic referral dated
January 28, 2011 states "CDOT has no comment regarding the zoning request, but as
development moves forward, there will be traffic impacts to US 85 and potentially 1-25. 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."
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. "(Weld County Code
Ordinance 2008-13)
Section 22-5-140 addresses alternative energy resources Goals and Policies. Section 22-5-
140.A. AE.Goal 1 addresses the Policy of support and research, development and use of
alternative energy resources. This goal addresses Policy A.E. Policy 1.1 through Policy A.E.
Policy 1.6. Paraphrased here, Attract and encourage alternative energy support industries that
are involved in manufacturing, distribution or research; support the development of biofuels;
support the commercial development of wind and solar energy and support the development and
use of other alternative energy resources.
Section 22.6.20.8.2. ECON.Policy 2.2. states "Foster a good working relationship between the
public and private sectors, recognizing that such a relationship supports economic development";
and Section 22.6.20.C.1. ECON.Policy 3.1. 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.
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• 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 and Research Foundations, privately held
technology companies and the Northern Colorado Economic Development Corporation and the
Upstate Colorado Economic Development organization to name a few. All letters of support are
attached.
B. Section 27-6-120.6.b- The uses which would be allowed in the proposed PUD will conform with
the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the
Weld County Code.
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 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(I-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, 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 Special Use Permit as outlined in the Weld County Code or as otherwise
described on the change of zone plat land use summary list.
Section 27-2-70. Compatibility--The property is adjoining a large rangeland and a large-scale
energy corridor which includes two major high-voltage sets of lines, 3 large-scale high-pressure
gas lines, and one 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 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. Carr Townsite is two miles
to the west and the Pawnee grasslands one mile to the east. The Cheyenne HUB is two miles to
the north- northeast.
Given the unique location of the proposed PUD, located in the near vicinity of a rapidly expanding
oilfield and renewable energy area, the distinctive location being near utility corridors,
transportation networks, including the Interstate 25 and State Highway 85 corridors, is 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.
Section 27-6-90, Signage—Section 27-2-90.C. states: "Signage within a PUD shall adhere to all
requirements in this Chapter and Chapters 23 and 26 of this Code, if applicable." 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 proposed points of ingress and egress.
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• C. Section 27-6-120.6.c - That the uses which would 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 3-mile referral area or coordinated planning area of
any municipality. It is located within 3 miles of the Townsite of Carr, Colorado. The site is located
between Interstate 25 and US 85 on County Road 126,the only paved road connecting two major
transportation corridors. The proposed development is located two miles south of the Cheyenne
HUB and adjacent to two 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 land owned by private and state interests dominate.
D. Section 27-6-120.6.d-That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Article II the Weld
County Code.
Section 27-2-210 addresses Water Provisions, this Section 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 nonurban 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. "A PUD not
served by public water shall preserve a minimum eighty-acre agricultural outlot except for Cluster
PUDs."
• The County Attorney's office in their electronic mail transmission dated January 24, 2011,
indicated with the safekeeping of the one-half water share of Cache la Poudre Reservoir
Company and that the water is sufficient for the purposes of the COZ.
The Department of Public Health and Environment stated in their February 17,2011 referral that
Chapter 27 of the Weld County Code has been satisfied in regards to individual sewage disposal
systems.
The Office of the State Engineer—Division of Water Resources, in their 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 nos. 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. 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
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Page 5
• of land each of which comprises thirty-five 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 35 acres,all of the parcels are considered to be part of a subdivision. However, so long
as all parcels in the development are 35 acres or more,the proposed wells(permit nos. 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 27-6-120.6.e - That 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 build out. There is
presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of setback outlined in Weld County Code Section 23-1-90, the required setback is
measured from the future right-of-way line. The Colorado Department of Transportation states in
their 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 US 85 and potentially
1-25. 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 27-6-120.5.E-An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and
a road improvements agreement is complete and has been submitted.
The applicant shall submit Improvements Agreements According to Policy Regarding Collateral
for On-site Private Road Maintenance with the Final Plan application. This agreement must be
reviewed by Public Works and shall be approved by the Board of County Commissioners prior to
recording any Final Plat.
The applicant shall submit Improvements 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 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 27-6-120.5.g - That 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. Further, 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 Department of Public Works requires that, for Final Plat approval of each Phase of the
• Niobrara Energy Park PUD, the applicant shall submit the appropriate documentation including
Final Drainage Report and Final Construction Drawings and Plans.
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H. Section 27-6-120.5.h - Consistency exists between the proposed zone district(s), uses, the
specific or 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. Planning Services is unable to support
this request per Section 27-7-40.B.3. as the applicant submitted a conceptual guide, or the
equivalent to,for the Change of Zone application. Staff has determined that there is not sufficient
detail to administratively process and approve the Final Plan for the Niobrara Energy Park PUD.
This approval recommendation is based upon compliance with Chapter 27 requirements or as modified
herein.
The Change of Zone from A(Agricultural)to PUD 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 plat shall be amended as follows:
1) All sheets of the plat shall be labeled PZ-1158. (Department of Planning Services)
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.
• 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 record
document has been found that vacates this right-of-way. This referenced right-of-way shall
be removed from the plat. (Department of Public Works)
4) The applicant shall request vacation of the thirty(30) foot wide right-of-way per Book 86,
page 273, North of centerline and West of the northwesterly radius of centerline for the new
alignment of County Road 126. County road 126 does not exist in this location and there is
no record document has been found that vacates this right-of-way.This referenced right-of-
way shall be removed from the plat. (Department of Public Works)
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 build out.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.
(Department of Planning Services)
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. (Department of Planning Services)
6) The plat shall delineate the gas drilling envelope locations, per State statute. (Department
of Planning Services)
• 7) The plat shall delineate the setback radius for each oil or gas well, pumps, heater treaters,
separators, tank battery and other equipment directly associated with the producing well,all
of which must be connected and functional. (Department of Planning Services)
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• 8) 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. (Department of Planning Services)
9) "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. (Departments of Public Health and
Environment and Planning Services)
B. The applicant shall submit three(3)paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
2. The Change of Zone is conditional upon the following notes be placed on the Change of Zone plat prior
to recording:
A. A Change of Zone from A(Agricultural)to PUD with Business Commercial(C-3)and Industrial(I-
3) uses, having nine(9)parcels of 35 acres in size or 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. (Department of Planning Services)
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. (Department of Planning Services)
C Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
• D. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements shall
apply to all temporary and permanent signs. (Department of Planning Services)
E. Water service shall be obtained from individual four (4) commercial exempt wells, permit nos.
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. (Department
of Public Health and Environment, Division of Water Resources)
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. (Department of Public Health and Environment)
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 acre
in area. Contact the Water Control Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wa/PermitsUnit for more information. (Department of
Public Health and Environment)
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. (Department of Public Health and Environment)
I. In accordance with the Regulations of the Colorado Air Quality Control Commission any
•
development that disturbs more than 5 acres of land must incorporate all available and practical
methods that are technologically feasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
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• J. If land development creates more than a 25-acre contiguous disturbance,or exceeds 6 months in
duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution
emissions notice, and apply for a permit from the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
K. Activities such as construction(i.e. auxiliary structures, dirt mounds, etc.)activities are expressly
prohibited in the designated septic system absorption field site. (Department of Public Health and
Environment)
L. Building permits shall be obtained prior to the construction of any structure. (Department of
Building Inspection)
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 and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
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. (Department of Planning Services)
O. No development activity shall commence on the property, nor shall any building permits be issued
on the property until the final plan has been approved and recorded. (Department of Planning
Services)
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 1041 USR and a non-1041 USR on each lot within the site.
Q. The applicant shall comply with Section 27-8-50 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
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. (Department of Planning Services)
R. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code. (Department of Planning Services)
3. The Change of Zone plat map shall be submitted to the 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 .shp(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable). (Department of Planning Services)
• 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 the Administrative Review was signed a
$50.00 recording continuance charge shall added for each additional 3 month period.
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• 5. At the time of Final Plan application submittal:
A. Section 27-6-20.C requires the applicant to submit 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, Section 27-6-30 through Section 27-6-110 will be addressed in sufficient detail.
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.B.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 this Code.
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 Department of Planning Services with three (3) copies of the
• Bylaws and Articles of Incorporation for the Commercial-Industrial Owners Association; including
three 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 address that state: "Activities such construction (i.e. auxiliary structures, dirt
mounds, etc.) activities are expressly prohibited in the designated absorption field site." The
covenants shall also address signage requirements and refer to the Weld County Code.
(Department of Public Health and Environment)
H. The applicant shall provide the Department of Public Works with stamped,signed,and dated final
plat drawings and roadway/construction and grading plan drawings for review. Construction
details must be included.
I. The applicant shall submit the road layout, including the road name nomenclature,for review by
all referral agencies and for preliminary addressing of the subdivisions 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 this 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.
Resolution PZ-1158
Rawah Resources, LLC
Page 10
• L. At the time of submittal of the first Final Plat application the applicant also shall submit a Final
Drainage Report for the platted area stamped, signed, and dated by a professional engineer
licensed in the State Colorado. The First Final Plat Drainage Report must address the
requirements listed in Weld County Code Chapter 8, Article 10, Section 8-11-120. 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) stamped, signed, and dated by a
professional engineer licensed in the State of Colorado 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.
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 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 maybe required. The applicant shall fully fund the roadway
improvements triggered by this development.WCR 126 is classified as a collector roadway.The
applicant should utilize the two 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, Ambulance provider, and the Post Office for review. Written
evidence of approval shall be submitted to the Department of Planning Services.
Resolution PZ-1158
Rawah Resources, LLC
Page 11
• 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 required by the 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 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 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.
AB. 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.
•
AC. The applicant shall contact the Vegetation Weed Management Specialist at the Weld County
Public Works Department to develop a weed management plan. The approved plan shall be
included in the Final Plan application. (Department of Planning Services)
AD. The applicant shall submit all proposed street names and lot addresses to the Weld County
Department of Planning Services for review and approval by the Nunn Fire Protection District,the
Weld County Sheriff's Office, the Weld County Ambulance Services Department and the Post
Office for review and approval. (Department of Planning Services)
AE. 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.shp
(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable).
AF. 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.
AG. The Colorado Department of Transportation (CDOT) may require improvements to SH 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.
AH. 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
•
Resolution PZ-1158
Rawah Resources, LLC
Page 12
• 6. At the time of application for any Plat subsequent to the First Final Plat:
A. The applicant shall provide the 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 stamped, signed, and dated by a professional engineer
licensed in the State Colorado. The Revised Final Plat Drainage Report must address the
requirements listed in Weld County Code Chapter 8, Article 10, Section 8-11-120. 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)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.
F. Section 27-5-70.B.6 requires a traffic impact analysis prepared by a registered professional
engineer competent in traffic engineering 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 27-5-70.6.11 requires adjacent roadways shall be designed to meet the full typical
section specified by the 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. Required improvements may also include 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 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 Special Use
Permit (USR) Plat associated with 1041 or non-1041 regulations.
7. Prior to recording any Final Plat(s):
A. Original copies of the approved covenants along with the appropriate recording fee(currently$6
for the first page and $5 for subsequent pages) shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit Certificates from the Secretary of State showing the Commercial-
Industrial Owners Association has been formed and registered with the State. (Department of
• Planning Services)
Resolution PZ-1158
Rawah Resources, LLC
Page 13
• C. An Improvements Agreement will be required prior to recording of the final plat. The agreement
and form of collateral shall be submitted for and reviewed by the Departments of Planning
Services and Public Works and accepted by the Board of County Commissioners prior to
recording the Final plat.
D, 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.shp
(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services).
E. Prior to recording any Final Plat, the applicant shall submit an Improvements Agreement and
Collateral that addresses On-Site, Off-Site Improvements and Long Term Maintenance according
to Policy Regarding Collateral for Improvements. These agreements must be reviewed by Public
Works and shall be approved and collateral accepted by the Board of County Commissioners
(BOCC) prior to recording any final plat. (Department of Public Works)
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).
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
• Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 1, 2011.
Dated the 1st of March, 2011.
• Kristine Ranslem
Secretary
3 - I - II
property for repair. He added that customers rarely come to his property.
• Mr. Cary indicated that he moved the four bedroom modular onto the property in 1982 and Michael St.Clair of
the Planning Board knew it was a four bedroom home on August 12, 1982 and signed off when they moved it
onsite. He provided a signed hard copy of the document. He added that it has worked fine for 30 years.
Commissioner Hall asked if it would be appropriate to require the applicant to upgrade the system if or when it
fails. Ms. Evett said that when there are bedroom additions that don't meet current Code or is with 20%of
what is needed for the additional bedrooms they require them to upgrade it at the time of the land use permit.
Mr. Cary asked if the office is in one of the bedrooms can it be changed to a three bedroom home. Bruce
Barker, County Attorney, said that the professional engineer needs to make the determination if the system is
adequate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1768 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
• Erich Ehrlich left the meeting at 3:30 pm.
The Chair read the final case into record.
CASE NUMER: PZ-1158
APPLICANT: Rawah Resources, LLC
PLANNER: Tom Parko
REQUEST: A Change of Zone from the A(Agricultural)Zone District to the PUD(Planned
Unit Development)Zone District,with C-3(Business Commercial) and 1-3
(Industrial) uses, open space, and continuing oil and gas production (Niobrara
Energy Park).
LEGAL DESCRIPTION: All of Section 19,T11 N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 126; approximately 0.75 miles west of State Hwy
85.
Tom Parko, Planning Services, commented that the property is approximately 644 acres. The application as
proposed is unique to Weld County. The applicant's business plan and goal for the project is to attract and
encourage alternative energy and support industries that are involved in manufacturing, distribution or
research, support the development of biofuels, support the commercial development of wind and solar energy,
and support the development and use of other alternative energy sources. This case is unique because Weld
County has not processed a PUD for commercial and industrial uses. Staff has met the challenges
associated with this case and believes that the County's interests have been protected while at the same time
being able to support a project that has a potential to create jobs, consolidate industries and support existing
services.
This property is a full section or 640 acres. The property, however, is not flat and has several topographical
variations. To the south is a small substation. To the east are the Western Area Power Administration
(WAPA) and Tri-State high-voltage overhead transmission lines which are located on the property. Further
• east of the property are easements for fiber optic and gas transmission lines. To the west and to the north are
rather large scale rural properties utilized for ranching. The proposed site is not located within a three mile
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referral area of any municipality. Carr, located two miles to the west is an unincorporated townsite.
•
Twenty-four referral agencies have reviewed this case and ten have offered comments, some with specific
conditions. There have been several letters received that support this project. Staff has not received any
correspondence objecting to this project.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval.
Lauren Light, Environmental Health, stated that currently the State has issued four(4)commercial exempt well
permits for the property. The County Attorney's office has approved the requirement for proof of water at this
stage of development. The sewer service is going to be addressed as each use comes in. The only change
that they would present is in regard to Condition of Approval 2.F as the applicant is proposing to amend
"subdivision to PUD".
Don Carroll, Pubic Works,commented that at the time of Change of Zone application they typically review the
drainage, easements, drill envelopes, setbacks, and identify any creeks or rivers. County Road 126 is a
collector roadway with 80 feet of right-of-way at full build-out; presently there is 60 feet of right-of-way. The
average daily traffic count is 250 to 280 taken in July 2009. The 85 percentile for speed is 52 mph and 30%
trucks. At the time of Final Plat they will look for safe access points, a master drainage plan, traffic study,
Geo-tech report, and Improvements Agreement such as drainage improvements or road improvements.
Fred Otis, Otis, Goan &Peters, 1812 56th Ave, represents the applicant, Mr. Harrison. He commented that it is
exciting to have an energy development project presented today of the nature and magnitude that is being
proposed. Mr. Otis stated that Mr. Harrison has developed many areas within Weld County and has been
involved in creating land projects as well.
• Craig Harrison commented that staff has done an excellent job on this project. He wishes to make this project
process shovel-ready. He stated that he has had environmental audits done on the property. In one of the
reports, Mr. Harrison noted that a Tier 4 Data Center(which is a security center)could possibly be located on
this site.
Mr. Harrison stated that he intends to have horizontal drilling, gas plants, gas/electric generation, solar and
some wind, as well as Smartgrid onsite. He added that this area is the meeting of major gas lines,fiber optics,
and roadways.
Mr. Harrison commented that he believes that this request fits really well with the Weld County Policies and
requested approval of this application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if the applicant wishes to amend Condition of Approval 2.F as mentioned earlier by staff. Mr.
Parko replied yes.
Jason Maxey moved to amend the language under Condition of Approval 2.F as follows"This PUD is in rural
Weld County.....", seconded by Robert Grand. Motion carried.
Mr. Otis requested to remove Condition of Approval 6.6 regarding the 80 acre agricultural outlot. He added
that the PUD requirements have to do with designing a residential subdivision and because this is an Energy
Park PUD where there are 9 parcels with a minimum of 35 acres it doesn't make sense out of the 640 acres
that you have to create an 80 acre agricultural outlot.
Mark Lawley moved to delete Condition of Approval 6.B, seconded by Bill Hall. Motion carried.
• The Chair asked the applicant if he read through the amended Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
8
• Robert Grand moved that Case PZ-1158 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval with the Planning Commission's recommendation of approval, seconded by
Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes; Jason Maxey,
yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Berryman commented that he is excited to see what happens with this energy park.
Commissioner Hall stated that Mr. Harrison's vision never ceases to amaze him.
Mr. Parko wished to express appreciation for the work that staff did in preparing this case.
The Chair asked the Planning Commission members if there was any new business to discuss. Mark Lawley
referred to the case of the baseball field and asked to revisit the concerns addressed. He believes that the
intent of the code isn't to have someone go through that in-depth of a process and pay$2500. Mr. Holton
expressed that staff should have more flexibility to make a decision on whether to proceed with hearings
instead of applying for a small scale permit. Mr. Barker said that it is hard when writing the code because
when we try to make it flexible then the next application doesn't fit the criteria established. Trevor Jiricek,
Planning Director, added that it is difficult to come up with criteria that are measurable for everyone to fall into.
Mr. Holton suggested possibly developing criteria which include different levels of impacts. Mr. Barker
recommended that prior to a Planning Commission hearing a discussion be held with the Board of County
Commissioners which will provide staff with direction on how to proceed based on the consensus of the
Boards.
• Meeting adjourned at 4:45 pm.
,ReespectffIully submitted, "" ''" �
`f"X11✓,/ ]� 9v i
Kristine Ranslem
Secretary
•
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