HomeMy WebLinkAbout20112647 RESOLUTION
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, do 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:
eC• ��i "I/ ,�z-� d�/ /1/4/
2011-2647
JQ�// 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
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
2011-0652
PL2110
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
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
2011-2647
PL2110
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
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,
solar, co-generation, gas, gathering and processing and alternative
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 5
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
located within three (3) miles of the Townsite of Carr, Colorado. The site is
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 6
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. "A PUD not served by public
water shall preserve a minimum eighty (80) acre agricultural outlot
except for Cluster PUDs." 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 not be used for domestic, industrial,
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 7
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
shall be approved by the Board of County Commissioners prior to recording
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 8
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.
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.
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.
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 9
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 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.
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.
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.
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
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
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
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
2011-2647
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 noted that may
require a permit issued pursuant to Chapter 21 of the Weld County Code on
each lot within the site. No permit pursuant to Chapter 21 of the Weld
County Code shall be required for any lot upon which the following uses shall
be located:
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 120
megawatts.
Q. 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
Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 12
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.
R. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
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. Athough this Change of Zone application is not considered to be a
"Conceptual Development Guide" for the purposes of Sections 27-6-20.C.
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.
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
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 13
street or highway facilities in conformance with Sections 22-3-60 through
22-3-190 of the Weld County Code.
D. Section 27-5-70.6.8 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
with stamped, signed, and dated final plat drawings and
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
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 14
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.
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
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 15
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
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.
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 16
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.
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
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 17
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.
F. Section 27-5-70.6.6 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 27-5-703.11 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. No permit
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 18
pursuant to Chapter 21 of the Weld County Code shall be required for any lot
upon which the following uses shall be located:
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 120
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
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.
2011-2647
PL2110
CHANGE OF ZONE (PZ-1158) FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - RAWAH RESOURCES, LLC
PAGE 19
F. No eighty-acre agricultural outlot, as referred to in Section 27-2-210 of the
Weld County Code, shall be required to be preserved.
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 16th day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
• WE COUNTY, COLO DO
ATTEST:
��.v..� ♦ ara Kirkmeyer, air
Weld County Clerk to 8= ( j• �;�:` —' /�
Sean ay, Pro-Tem
BY: %,
Deputy Clerk to the
t
APPROVE8AS RM: `JOgi
David E. Long
unty Attorney
a a emach
Date of signature: 3O///
2011-2647
PL2110
Hello