HomeMy WebLinkAbout20110658 • 1 86 1 - 2011 MEMORANDUM
TO: Kim Ogle, Planning Services DATE: February 8, 2011
WEL 0 NTY
FROM: Donald Carroll, Clay Kimmi, Janet Carter, Public Works
SUBJECT: PZ-1158, Change of Zone
Craig Harrison — Niobrara Energy Park PUD
The Weld County Public Works Department reviewed the submitted application for critical items, including but
not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood
Hazard Development Permit. A detailed review of these items was not complete at this step in process.
Comments made during this stage of the review process will not be all inclusive, as revised materials are
submitted other concerns or issues may arise. All issues of concern and critical issues during further review
must be resolved with the Public Works Department,
Site Plan Review: A Change of Zone plat and a drainage and erosion control map was submitted with the
Change of Zone Application. All items listed below should be addressed at the time when the first site plan
comes in for review.
Drainage Report: No drainage report was submitted. During a telephone conversation with County staff on
January 3, 2011, the applicant was informed that a Master Drainage Report and Plan would be needed for the
entire site. Public Works and the Applicant agreed that the Final Plat application package would include a
aster Drainage Report that shows how the applicant proposes to mitigate the project drainage impacts and
convey existing flows to be consistent with our Code and requirements.
Prior to recording of the Final Plat, the applicant will need to provide a Master Drainage Report which
adequately addresses 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. The Drainage Report
requirements include but are not limited to:
• The drainage plan map needs to be amended to show existing and proposed culverts and/or bridges,
overall drainage area boundary, sub-area drainage boundaries, proposed flow arrows, and the
locations of proposed detention ponds. A general vicinity map at a scale of 1"=2,000' needs to be
included which shows the upstream off-site drainage areas flowing onto the property.
• The Drainage Report acreages need to be consistent with acreages described in the Final Plat
application.
• Hydrologic computations for onsite and offsite flows must be provided. The site must detain all storm
water runoff generated as a result of the proposed development. The detention pond(s) must be sized
to capture the 100-year developed on-site runoff and release it at the 5-year historic runoff.
• Hydraulic computations for onsite and offsite flows must be provided. The storm water system must be
sized to safely handle the offsite flows that will flow through the site.
• In order to ensure the safety and welfare of the traveling public, it may be necessary to upgrade the
culvert under WCR 126 to handle storm water flows generated onsite and offsite. Please note that per
County Code, roads cannot be overtopped by more than 6 inches of water in the 10-year event.
• As shown on the Sketch Plan and Change of Zone materials, the approximate location of detention
ponds 1 and 2 may be problematic because there appear to be large areas of the site that may be
• developed for which storm water runoff would bypass the ponds and not be detained.
• The Master Drainage Report should show how storm water runoff will cross the natural drainageways
traversing the site to get to the detention ponds. EXH IT
liPagc j 2011-0658
• A proposed grading plan will need to be provided with the Master Drainage Report. Please note that
• grading permits will be required for the construction of the storm water system (channels, ponds,
swales, etc), access roads, building sites, and any other activities that disturb more than one acre of
ground.
• The Niobrara Energy Park Master Drainage Report shall need to include a Master Drainage Plan for
the site that addresses how the proposed phased construction will provide the necessary construction —
phase stormwater management to prevent offsite impacts by stormwater discharges.
• To protect public safety and prevent offsite damages, sufficient interim Best Management Practices
(detention, erosion, and sediment control) will need to be designed, approved, and installed prior to
commencement of construction.
Geotechnical Soil Report: An On-site Geotechnical Soils Report needs to be submitted with the Final Plat
application materials. An Off-site Geotechnical Soils Report may also need to be submitted with the Final Plat
application materials. These reports shall include a preliminary pavement design for the roads to be
constructed within the property.
Grading Permit: Prior to recording of the final plat, the applicant needs to submit a grading permit showing:
proposed grading, erosion control placement, typical details for all BMPs to be utilized, and a Construction
Stormwater permit from the Colorado Department of Public Health and Environment. The permit must be
stamped by a registered professional engineer licensed in the State of Colorado. Please note that the grading
permit will not be released until the applicant has signed the Improvements Agreement, posted collateral, and
submitted the final plat for recording.
Improvements Agreement: Prior to recording of the Final Plat, the applicant will need to enter into an
Improvements Agreement for the onsite and offsite work to be done. Collateral needs to be submitted to and
•accepted by the Weld County Board of County Commissioners prior to recording of the Final Plat.
Traffic Study: No Traffic Study was submitted for this Change of Zone application. During a telephone
conversation with County staff on January 3, 2011, the applicant was informed that the Public Works
Department will defer the traffic study until the submittal of the Final Plat application documents. The detailed
Traffic Study should follow the Traffic Study checklist. Roadway improvements including but not limited to
auxiliary lanes, widened radii, and consolidation or relocation of accesses may be required by Weld County
Public Works or CDOT. In the absence of a Traffic Study, Public Works will determine appropriate triggers for
the roadway improvements that mitigate such issues as sight distance and large trucking traffic volumes.
Once the traffic study is submitted and accepted, changes to the site layout, turn lanes, or other improvements
may be required by Public Works or CDOT. The applicant should expect to fully fund the necessary roadway
improvements to mitigate for the traffic generated by this development. WCR 126 is classified as a collector
roadway, Right-Of-Way is 80 feet..
pc: PZ-1158
M\PLANNING-DEVELOPMENT REVIEVA2-Change of Zone(Z,CZ,PZ,MZ,AMPZ)\PZ-1158 Niobrara Engergy Park\PZ-1158 Craig Harrison-Niobrara Energy Park.doc
•
2IPa , c
• Kit Memorandum
TO: Kim Ogle, W.C. Planning
wigge DATE: February 17, 2011
FROM: Lauren Light, W.C. Department of Public
COLORADO
Health and Environment ,
CASE NO.: PZ-1158 NAME: Niobrara Energy Park
The Weld County Health Department has reviewed this proposal. The applicant proposes a
1 lot PUD on 644 acres. The platting of additional lots will occur at the final plat stage. It is
this Departments understanding that 9 lots, with a minimum lot size of 35 acres, will be
platted. The 9 lots coupled with the overall density of one septic system per 71.5 acres does
meet current Department policy.
The Planning Department has indicated that a Site Specific Development Plan application
(SPR) or a Use-by-Special Review (USR) will be required in addition to the final plat. The
review process at SPR or USR will address items such as water, sewage disposal, dust
• control and waste handling plans, based upon the proposed use of the property.
The application has satisfied Chapter 27 of the Weld County Code in regard to water
service. The State Division of Water Resources has issued 4 commercial exempt well
permits and, according to the Planning Department, the County Attorney in an email dated
January 24, 2011 indicated the applicant has provided sufficient evidence to demonstrate
adequate water.
The application has satisfied Chapter 27 of the Weld County Code in regard to sewer
service. Sewer will be provided by individual sewage disposal systems. As percolation
data has not been submitted, the sketch plan comments are reiterated here:
A review of the site soil evaluation report from Earth Engineering consultants dated October
26, 2010 indicates that the site consists of clayey sands and sandy clays.
There was no preliminary percolation data included in the report. Depending on percolation
information and depth to limiting layers, some sites may require engineered septic systems.
Percolation data will be required at the change of zone submittal. Individual percolation
tests are required for each lot when septic permits are applied for.
Prior to submittal of this rezoning request it was determined that percolation data would not
be required until the time a site plan is submitted.
•
• This Department recommends that language for the preservation and/or protection of the
absorption field envelope shall be placed as a note on the change of zone and the final plat.
The note should state that activities such as landscaping (i.e. planting of trees and shrubs)
and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly
prohibited in the designated absorption field site.
This Department is not requiring septic system envelopes due to the large lot sizes.
The environmental impact plan (section 27-6-40) adequately addresses all environmental
impacts.
The Department recommends approval with the following conditions, which should appear
as notes on the change of zone and final plats:
1. Water service shall be obtained from private wells.
2. This subdivision 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 Colorado Department of Public Health and
Environment, Water Quality Control Division and the Weld County Code in effect at
the time of construction, repair, replacement, or modification of the system.
3. 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 Health Department, a fugitive dust control plan
must be submitted.
4. 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.
5. 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.
6. Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat.
7. 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 Quality Control Division of the
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
•
• 8. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e.
auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the
designated absorption field site
•
DEPARTMENT OF PLANNING SERVICES
t--0;rj 918 10`° GREELEY, COLORADO 80631
PHONE (X 0) 0100, EXT.3540
• FAX (970) 304-6498
COLORADO
February 21, 2011
Applicant: Rawah Resources, LLC, do Niobrara Energy Park, LLC
Project: Change of Zone, PZ#1158, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District, with C-3 continuing oil and gas production (Niobrara Energy Park)
Case Number: PZ-1158
Parcel Number: 0203-19-0-00-003
Narrative indicates new structure will be built. If usages of the existing structures are proposed to
change from its current use, a building permit for change of use for each may be required.
1. Building permits shall be obtained prior to starting. A plan review is required for each
• building or structure for which a building permit is required. Two complete sets of plans are
required when applying for each permit. Include a Code Analysis Data sheet for the Weld
County Building Department for each structure that requires a permit. Submittal plans shall
include a floor plan showing the specific uses of each area for the building. Plans shall bear the
wet stamp of a Colorado Licensed Architect or Engineer.
3. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006
International Fuel Gas Code; 2006 International Energy Conservation Code; ANSI 117.1
Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code.
4. All building plans shall be submitted to the local Fire Protection District for review and
approval prior to issue of building permits.
Please contact me for any further information regarding this project.
Regards,
Ken Swanson, CBO
Building Official
•
Submit by Email Print Form
1861 - 2011
• Weld County Referral
•` January 27, 2011
WELD_,COUNTY
The Weld County Department of Planning Services has received the following item for review:
Applicant Rawah Resources, LLC Case Number ' PZ-1158
do Craig Harrison
Please Reply By February 18, 2011 I Planner I Kim Ogle
Project 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, continuing oil and gas production (Niobrara Energy Park).
Legal 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.
Parcel Number 0203 19 000003
The application is submitted to you for review and recommendation. Any comments or recommendation
•
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
because
El We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Tri-State Generation and Transmission facilities are located 3 to 4 miles to the west and 20
miles to the south.
Signature Jon P.Davis Date February 10,2011
• Agency Tri-State
+Weld County Planning Dept. +1555 N 17th Ave,Greeley,CO.80631 +(970)353-6100 ext.3540 6(970)304-6498 fax
4 1
1861 - 2011
• 7 . Weld County Referral
January 27, 2011
WELD._..,000NTY
The Weld County Department of Planning Services has received the following item for review:
Applicant Rawah Resources, LLC Case Number PZ-1158
do Craig Harrison
Please Reply By February 18, 2011 Planner Kim Ogle
Project 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, continuing oil and gas production (Niobrara Energy Park).
Legal All of Section 19, T11N, R66W of the 6th P.M., Weld County, Colorado.
Location I North of and adjacent to CR 126; approximately 0.75 miles west of State Hwy 85.
Parcel Number ' 0203 19 000003
• The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
El We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
because
D We have reviewed the request and find no conflicts with our interests.
4 See attached letter.
Comments:
• Signature Ci r67- Date 2/,211t
Agency "Pivi.yv»n rag' hlciaer'RCMnxreer)
.Weld County Planning Dept. .1555 N 17th Ave,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
%OF COlO� DEPARTMENT OF NATURAL RESOURCES
• %j 8 DIVISION OF WATER RESOURCES
RECEIVED John W.Hckenlooper
41876 * February 2, 2011 Governor
Mike King
Kim Ogle, Planner FEB 0 7 2011 Executive Director
Weld County Planning Services Weld Count i ia!min Dc artme&,pick Wolfe,P.E.
1555 N 17th Ave y , g Viirector/State Engineer
Greeley, CO 80631 GREELEY OFFICE
RE: Niobrara Energy Park, Case No. PZ-1158
Sec. 19, T11N, R66W, 6th P.M.
Water Division 1,Water District 1
Dear Mr. Ogle:
We have reviewed the above referenced application for a Planned Unit Development Change of
Zone for a business park on 635 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., therefore, pursuant to the State Engineer's March 4, 2005
memorandum to county planning directors, this office will only perform a cursory review of the referral
information and provide comments. The comments will not address the adequacy of the water supply
plan for this property or the ability of the water supply plan to satisfy any County regulations or
requirements. This office 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 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.
The Applicant has indicated that sewer will be provided by individual septic systems or trucked
off-site. Please note that the permit conditions require the return flow from the use of each well to be
through an individual waste water disposal system of the non-evaporative type where the water is
returned to the same stream system in which the well is located.
The Applicant has indicated that additional water for a high water user, such as a man camp,
would be trucked in via a municipal service provider, dependent on approval by the Weld County Health
Department. Water for industrial operations is proposed to be trucked in by a company specializing in
water hauling services for the energy industry.
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 or more acres of land and none of which is intended for use by multiple owners."
Be advised 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.
•
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589
http://water.state.co.us
Weld County Planning Services Page 2 of 2
February 2, 2011
• 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.
If you or the Applicant has any questions, please contact Sarah Reinsel at this office.
Sincerely,
pattAm:12_,
Joann. Williams, P.E.
Resource Engineer
JW/skr/Niobrara Energy Park PZ1158
•
•
Xcei EnergysM Right of Way&Permits
1123 West 3r°Avenue
PUBLIC SERVICE COMPANY Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303.571.3824
February 9, 2011
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Attn: Kim Ogle
Re: Niobrara Energy Park, Case # PZ-1158
Public Service Company of Colorado has reviewed the request for the Niobrara
• Energy Park Rezone.
Please be advised that Public Service Company has an existing high-pressure natural
gas transmission line within the areas indicated in this proposed rezone. Public
Service Company has no objection to this proposed rezone, contingent upon Public
Service Company of Colorado's ability to maintain all existing rights and this
amendment should not hinder our ability for future expansion.
If you have any questions about this referral response, please contact me at (303) 571-
3306.
Thank you,
Donna George
Contract Right of Way Processor
Public Service Company of Colorado
•
•
Kim Ogle
Crom: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US]
Went: Friday, January 28, 2011 10:54 AM
To: Kim Ogle
Subject: RE: PZ-1158/Rawah Resouces
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 imacts will need to be identified in a traffic impact study and the applicant responsible
for their construction. CDOT looks forward to reviewing that document.
Gloria Hice-Idler
Permit Supervisor
CDOT Region 4
1420 2nd Street
Greeley CO 80631
(970) 350-2148
•
•
1
Kim Ogle
From: McKee, Terry A NWO [Terry.A.McKee@usace.army.mil]
ent: Thursday, January 27, 2011 1:46 PM
To: Kim Ogle
Subject: PZ-1158 (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Kim,
Case No. PZ-1158
If any work associated with this project requires the discharge of dredged or
fill material, and any excavation associated with a dredged or fill project,
either temporary or permanent, in an aquatic site, which may include
ephemeral and perennial streams, wetlands, lakes, ponds, drainage ditches and
irrigation ditches, this office should be notified by a proponent of the
project for Department of the Army permits, changes in permit requirements or
jurisdictional determinations pursuant to Section 404 of the Clean Water Act.
Work in an aquatic site should be identified by the proponent of the project
and be shown on a map identifying the Quarter Section, Township, Range and
County or Latitude and Longitude, Decimal Degrees (datum NAD 83) and the
imensions of work in each aquatic site. Any loss of an aquatic site may
quire mitigation. Mitigation requirements will be determined during the
Department of the Army permitting review.
Any questions call:
Terry McKee
U.S. Army Corps of Engineers
9307 South Wadsworth Blvd.
Littleton, Co 80128
303-979-4120
Classification: UNCLASSIFIED
Caveats: NONE
•
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