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Home My WebLink About20110654 INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Niobrara Energy Park, c/o Craig Case Number PZ 1158 Harrison Submitted or Prepared Prior to At Hearing Hearing 1 / Staff Comments X ✓ Department of Planning Services Field Check Form X /Letter to Applicant X l✓Legal Notifications X 2 /Application X V Maps X t/Deed/Easement Certificate X / Surrounding Property/Mineral Owners X / Utilities X 3 /Referral List X V Referrals without comment X ✓/ � Weld County Code Compliance referral dated January 27,2011 X V West Greeley Soil Conservation District, referral dated February 18, 2011 X • /U.S. Fish and Wildlife Service referral dated Mae-201t l pay, D II X 4 /'Referrals with comments X V US Army, Corps of Engineers referral dated January 27,2011 X ✓ Colorado Department of Transportation referral dated January 28,2011 X / Colorado Division of Water Resources, referral dated February 2,2011 X ✓ Public Service of Colorado(Xcel Energy), referral dated February 9, 2011 X / Tri-State Generation and Transmission, referral dated February 10, 2011 X v Weld County Department of Public Health & Environment, referral dated February X 17, 2011 Weld County Department of Public Works, referral dated February 8, 2011 X ✓ Weld County Building Department, referral dated February 21,2011 X 5 / Surrounding Property Owners/Mineral Owners - Letters X 6 PC Exhibits X 6A Planning Commission Sign posting affidavit 41VQA UAd&( Qt1 alt V X X X x I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Tom Parko I I Planning Manager 2011-0654 • 4(6 LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: PZ-1158 HEARING DATE: March 16, 2011 PLANNER: Tom Parko APPLICANT: Craig Harrison on behalf of Niobrara Energy Park, LLC ADDRESS: do Rawah Resources, LLC 2725 Rocky Mountain Avenue, Suite 400, Loveland, CO 80538 REQUEST: A 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). LEGAL DESCRIPTION: All of Section 19, Township 11 North Range 66 West of the 6th P.M, Weld County, Colorado LOCATION: North of and adjacent to CR 126, approximately 0.75 miles East of State Highway 85 • ACRES: 644 +/- PARCEL NUMBER: 0203-19-0-00-003 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows The Department of Planning Services' staff has received referral responses from the following agencies: With Comment: ➢ US Army, Corps of Engineers referral dated January 27, 2011 ➢ Colorado Department of Transportation referral dated January 28, 2011 ➢ Colorado Division of Water Resources, referral dated February 2, 2011 ➢ Public Service of Colorado (Xcel Energy), referral dated February 9, 2011 ➢ Tri-State Generation and Transmission, referral dated February 10, 2011 ➢ Weld County Department of Public Health & Environment, referral dated February 17, 2011 ➢ Weld County Department of Public Works, referral dated February 8, 2011 ➢ Weld County Building Department, referral dated February 21, 2011 • Without Comment: EXHIBIT • Without Comment: ➢ Weld County Code Compliance referral dated January 27, 2011 ➢ West Greeley Soil Conservation District, referral dated February 18, 2011 U.S. Fish and Wildlife Service The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County Sheriffs Office ➢ Weld County Department of Emergency Management ➢ Weld County Ambulance Services ➢ Colorado Water Conservation Board ➢ Colorado Oil and Gas Conservation Commission ➢ Warren AFB—Real Property ➢ Western Area Power Administration ➢ Federal Emergency Management Agency [FEMA] ➢ Weld RE-9 School District ➢ Poudre Valley REA ➢ Colorado Interstate Gas Company ➢ Kinder-Morgan ➢ Nunn Fire Protection District • • ] PZ-1158—Niobrara Energy Park PUD 2 CHANGE OF ZONE WipeADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: PZ-1158 HEARING DATE: March 16, 2011 PLANNER: Tom Parko APPLICANT: Craig Harrison on behalf of Niobrara Energy Park, LLC ADDRESS: c/o Rawah Resources, LLC 2725 Rocky Mountain Avenue, Suite 400, Loveland, CO 80538 REQUEST: A 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) LEGAL DESCRIPTION: All of Section 19, Township 11 North Range 66 West of the 6th P.M, Weld • County, Colorado LOCATION: North of and adjacent to CR 126, approximately 0.75 miles East of State Highway 85 ACRES: 644 +/- PARCEL NUMBER: 0203-19-0-00-003 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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.B.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." PZ-1158—Niobrara Energy Park PUD 3 • 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 • 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 PZ-1158—Niobrara Energy Park PUD 4 • 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.B.2. ECON.Policy 2.2. states "Foster a good working relationship between the public and private sectors, recognizing that such a relationship supports economic development"; 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. 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 (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. PZ-1158—Niobrara Energy Park PUD 5 • 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. 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. PZ-1158—Niobrara Energy Park PUD 6 • 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 11 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 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 PZ-1158—Niobrara Energy Park PUD 7 • 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.f - 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. • PZ-1158—Niobrara Energy Park PUD 8 • 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 is 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) • PZ-1158—Niobrara Energy Park PUD 9 • 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) 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 (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). 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 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 Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) • PZ-1158—Niobrara Energy Park PUD 10 • 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.cdohe.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) 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) 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) Q. 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. PZ-1158—Niobrara Energy Park PUD 11 • 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. 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.B.8 requires a description and statement from the representative of the provider of the utilities which demonstrates that there are adequate utility provisions available to serve the development. E. Easements shall be shown in accordance with County standards and/or Utilities Coordinating Advisory Committee recommendations, and dimensioned on the final plat. Easements shall follow rear and side lot lines and shall have a minimum total width of twenty (20) feet apportioned equally on abutting properties. Where front line easements are required, a minimum of fifteen (15) feet shall be allocated as a utility easement. F. The applicant shall provide the 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 • PZ-1158—Niobrara Energy Park PUD 12 • 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 27-5-70.6.7 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. 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. • PZ-1158—Niobrara Energy Park PUD 13 • 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. 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. • PZ-1158—Niobrara Energy Park PUD 14 • 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 Sheriffs 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 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. The applicant shall preserve an 80-acre agriculture outlot as stipulated under §27-2-210 of the Weld County Code. C. 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- • PZ-1158—Niobrara Energy Park PUD 15 • 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. D. 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. E. The applicant shall submit a site specific Final Geotechnical Engineering Report for the parcel of land under review within the Niobrara Energy Park PUD F. 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. G. 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. • H. Section 27-5-70.B.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. I. 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) 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 • PZ-1158—Niobrara Energy Park PUD 16 • 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). • PZ-1158—Niobrara Energy Park PUD 17 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17'h AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 WE L DEC O U N T Y February 11,2011 Rawah Resources LLC do Craig Harrison 2725 Rocky Mountain Ave, Ste 400 Loveland CO 80538 Subject: PZ-1158-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) on a parcel of land described as All of Section 19, T11N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 1, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department,918 10th Street, Greeley, Colorado. A subsequent hearing will be held on March 16, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at http://www.co.weld.co.us/Departments/Plan n inoZon inq/Planni nq Department/ndex.html If you have any questions concerning this matter, please call. Respectfully, ' ^ Digitally signed mthe ay uthor Kristine om (dyy lKV,/ Reason: aignedbuthorneRinslenidocument Location:1555 N 17th Ave Date:2011.02.11 08:16:22-07'00' Kim Ogle Planner PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS FEBRUARY 11, 2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A PLANNED UNIT DEVELOPMENT CHANGE OF ZONE IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED FEBRUARY 7, 2011 ON THE PROPERTY AT LEAST FIFTEEN (15) DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A 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) KIM OGLE Name of Person Posting Sign i • Signat of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this L'day of 2011 WITNESS my hand and official seal. • Notary Public • ' PUMA(' ' My Commission Expires: • c9 EXHIBIT T A 4O:izt,f vigt *yet', • fw ar .A. M b• qI ,. ....ty: 1 -1., i ,4 : - t• \s‘tlit t 31?4>: 1-- c- -),, 11,1 L— O (..) X. — • . i : ) c 1O si- 9, 7_. .N. r-- 0 e E o X 4.41• _ W a) W0 gA Za- W IS) 9 (,) _ ,... , I = co ':z.1 (10) 414 Ilt9 p a ....-,- e 0 _. 00 .' = W c �, '- rn r--r, O +-r ± I Q �- %Pan isioD g , , ,, , , , I O O wa - ci _ Q _ ? " Q o rt CCw ' r \ ' It. = U > c} a`) = J , ,, I ;� 1. Z C • . I-- tp cn D ? k; . i.', , tie C V Z 4' r A9 a �� Q Sell' 1:1 .-1:4c- s.0 u.•1. I � .� - ! I LLi�tt 1 t 5 , h• C • —ik.. 1 1, y , " t, t - l ,�, /j �ti�,S a )s r „ .,1 r rl (( 111, / C _ tiJ /♦� n.2 t•-• )f Cil astt9 c — o U a U X C \ L_ I U >; p- win 0.,?" v, c, ti O a� 1r °� N J - O - O) W Co Q a 14) C.) .C_ O C\I It W Z O c >- c a) ca W � " J dJ c Q `• a� w 4till re 'ke:'(c ' i g N z 4 _OW a) a) a IX • Iii l h .1it‘ilikir.4\\I am Li E � 1' I- a) u) z u. C Vci) _{ . . • O a Q co O a U I 1 r d H. 15 !( a til\r j ,t 1„ ,L, a, a , t I if ' . ! a. P Ike 1 ' / z '.. Z 1 `1 T r ..r 1t(1 ' i O 1l � • t_,14 s ,. - 'Ls 1 .11 _ ld 4_ L- : I Y. 3/8/2011 • CR 126. Looking East toward Rockport and US 85. Applicant property to the left S CR 126 looking west Applicant property to the right Y 1 ► 1 3/8/2011 Looking North from CR 126 and UJii i A ess R d lesti OVH Transmission Lin s )fr Nib a rs �4 1 • Existing Substation r' Located directly south of Applicant property P : and across CR 126. .J 4-4 } Ip� EMI ■ . NI Mae i artremrr nip um= 1 { • 2 3/8/2011 Looking soutt at • Trans ion Corridor and Substation s\e,/ tititia - I i Looking North and view of OVH Transmission Corridor 1 , I• , • `-c# w 00, Arm '• • k ice i ,yF • 3 3/8/2011 111 Photo of native vegetation S Property looking west along southern property boundary i It I P� f r 4 3/8/2011 • Property looking southeast (low point) .. _ . r• .401104 40. a • Property looking southeast (highpoint) • �. • •' • ♦ • •i " J 3/8/2011 • Property looking east from one highpoint to another Along northern property boundary a • Property looking west. Low point to highpoint M1 .4 . a r l .. .1" 1006014410 6 3/8/2011 • Looking south from property to adjacent neighbor property j • Property looking west. Little Owl Creek basin in foreground. t • �. I • 7 3/8/2011 • Property looking south. CR 126 in distant. r • Property looking north from low point. Little Owl Creek Basin. .+ • r • • • IF rit t. ., . ,1Aloft •Its 1 4 ice.. \ ' 7, •' Z a ,• . • r. ' • 1' • . „ . . . . , . . i• `\ .J A••. Y � lY':� 3 bit flt?} Irfff �,,,,,, TC Ilya.��4:,. r, �. r .'sk♦. .5i.„. �'t•- • _Tll k it-, 9�?� l�, r ! .) y: •7' e�y ` • _ t• I w1 • t r, I •1/4 yy. fYt�y `y�h . r40 t t }A. ��j1 a '� •v.-1ry`y�� 1 \ 1' t, 4 ,'C 4Nr • ' } •y.i ' ;-1 •1• • r3 ,:# l if.. ., ` y •,x ' ..! I �� Et ,,ai1 y till ,'i1' �1 . rc S 8 3/8/2011 S Photo of drainage basin. • • Property looking south. Drainage basis and ravine • } 4 . � � F , '. f Yr Al.• 4 ��7t ^ �1 • 9 3/8/2011 S Property looking north from CR 126 t a i 4 • Property looking east from western property boundary. S 10 3/8/2011 • . jacent property owner across CR 126 to the south !" t .,.,a. _:r X17. - -_ CR 126 westbound . 1 jr • 7 y. , I , ; i1 • i1 3/8/2011 • CR 126 eastbound • • 12 FIELD CHECK Inspection Date: February 7, 2011 • CASE NUMBER: PZ-1158 HEARING DATE: March 1, 2011 APPLICANT: Rawah Resources, LLC ADDRESS: 2725 Rocky Mountain Avenue,Suite 400, Loveland, CO 80538 REQUEST: 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 PUD). LEGAL DESCRIPTION: All of Section 19, Township 11 North Range 66 West of the 6th P.M, Weld County, Colorado LOCATION: North of and adjacent to CR 126, approximately 0.75 miles East of State Highway 85 ACRES: 644+/- PARCEL NUMBER: 0203-19-0-00-003 Zoning Land Use N Agricultural N State Lands and Rangeland E Agricultural E Single Family Residence,Transmission Line Corridor and Rangeland • S Agricultural S Poudre Valley REA substation,Two Single Family Residences,Transmission Line Corridor and Rangeland W Agricultural W State Lands, Rangeland Comments: The site has substantial topography with two separate drainage ways traversing the site Northwest to Northeast. Little Owl Creek is to the west and an unnamed drainage way flanks the middle of the property. There is an approximate 50 feet change of grade to the side slopes from the creek bed and approximately 100 feet south property line to the North property line. The property is rangeland with exposed rock knobs, cacti, escarpment and potholes utilized for water by wildlife. A transmission line flanks the easternmost property line. The property is fenced at the perimeter. County Road 126 is adjacent to the south and does not follow the Section Line heading west. County Road 27 Section Line flanks the easternmost property line. State Lands are adjacent to the North and West. One Single family residence is adjacent to the east below the crest of the hill, a second is immediately south of the site and a third is to the southwest near the bend in the curve of County Road 126. The Poudre Valley REA has a substation to the south adjacent to the WAPA/Tri-State Generation and Transmission Line corridor. ill County Road 126 follows the topography, high to the east sloping to the west and rising again at the curve to the west to 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. • c O Kim Ogle n Access to Property—at highpoint at East Property Line o Site Distance—Fair at access o Wetlands—multiple potholes and two well defined drainage ways o Other Animals On-Site—Prairie Dog Colony, Mountain Plover, Butterfly Plant u Wildlife - ❑ Utilities On-Site (transmission lines)—Eastern Property line Transmission Line Corridor o Topography—Substantial, 100 foot change of elevation on average Note any commercial business/commercial vehicles that are operating from the site- None • • Kristine Ranslem ivorom: Kristine Ranslem nt: Thursday, January 27, 2011 1:34 PM : 'Erich Ehrlich' Subject: PZ-1158 Field Check Attachments: PC Field Check.docx We have just received a case (PZ-1158) in which we ask that you review the material and send the attached field inspection form to us by February 18, 2011. The following is a quick link to the case in question: htto://www.co.weld.co.us/Departments/PlanningZoninq/Planning Department/index.html#PZ-1158 If you have any questions, please don't hesitate to contact me at the number below. Thank you! ktrkti,N.e RGiwslew. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 Kristine Ranslem rom: Kristine Ranslem .nt: Thursday, January 27, 2011 1:35 PM o: 'craig@harrisonresource.com' Subject: Case PZ-1158 Attachments: Applicant letter.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! Kristine 2ansew. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 631 PHONE: (970) 353-6100, 3 xxt. 3540 FAX: (970)304-6498 WELDL-COUNTY January 27, 2011 Rawah Resources LLC do Craig Harrison 2725 Rocky Mountain Ave, Ste 400 Loveland CO 80538 Subject: PZ-1158 - Request for a Change of Zone from the A (Agricultural) Zone District to 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) on a parcel of land described as All of Section 19,T11 N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will • schedule a meeting with you to discuss the referrals after we have received them. As agreed to by representatives of this office, your land use case has been scheduled for the March 1, 2011 Planning Commission hearing. This hearing commences at 1:30 p.m. located at 918 10th Street, Greeley, CO. If you have any questions concerning this application, please call. Respectfully. j Digitally signed by Kristinef hisRanslem Reason: signed b author document Location:1555 N 17th Ave Date:2011.01.27 08:50:02 Kim Ogle Planner J • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17'"Avenue 111 D I Greeley, Colorado 80S31 WEBSITE: www.co.weco.us E-MAIL: kogle@coQ v,%')d.co.us O PHONE (970) 353-61 �EXT. 3549 • FAM970) 304-6498 COLORADO January 17, 2011 Craig Harrison Niobrara Energy Park LLC 2725 Rocky Mountain Avenue, Suite 400 Loveland, Colorado 80538 Subject: Completeness Review of Land Use Application -' PUD Change of Zone • Niobrara Energy Park PUD Dear Mr. Harrison: The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documenN,submitted for review post Sketch Plan review comments and staff report dated January 5, 2011. The''Change of Zone application was submitted on January 10, 2011 to this office for the completeness review. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to acceptin94e application and the application fee. As previously indicated, the Planned Unit Development (PUD) Change of Zone is the second step of the PUD process. In older to proceed with the Change of Zone application, the applicant must have completed the Pub Sketch Plan procedure. The submittal requirements are stated in Section 27-5-30 of the Weld County Code which can be accessed at www.co.weld.co.us. 4,a The Depatnent of Planning Services reviewed the submitted document package to verify that all applic.atiyri materials, as outlined on the Planned Unit Development (PUD) Change of Zone submittal cchest and all application materials as specified in Chapter 27, Article V and Article VI had been essed. The following items are insufficient and need to be addressed prior to moving forward: 1) Staff review of the application requirements did not find a digital or electronic copy of completed application materials. A digital copy of all submittal documents is included with this 1-24-11 resubmittal. 2) A document showing evidence of adequate water supply (e.g. well permit or letter from a water district • or municipality), that has been approved by the Weld County Attorney's office. If using a well, please • complete the attached Water Supply Information Summary. See response below. 3)A copy of each permitted Commercial Exempt well permit approved by the State Engineers office as part of this application. As stated in the Sketch Plan Review application comments of January 5, 2011 the Division of Water Resources reviewed this case and had comments for consideration. Please address their concerns and issues raised as stated in their referral dated December 8, 2010. Please reference Chapter 24, Section 24-1-40 Definitions. "Subdivision or subdivided land: Any parcel of land in the County which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with,these provisions and with substantially the same density, or which is divided into two (2) or more Parcels, separate interests or interests in common, unless exempted under the following subsections;, Interests shall include any and all interests in the surface of land but exclude any and all subsurface interests." The applicant is proposing to create parcels through the Final Plat, thereby establishing trsubdivision of land into two or more parcels as defined. In order for the Department of Planning Services to su,:port the Change of Zone application please provide the Department with an approved source of water. Without this docurn'altation the Department cannot proceed. Per the telephone conference call between Messrs. HarrisoocOtis, Barker, Jiricek and Parko, staff anticipates a letter from Mr. Jeffrey J. Kahn or one of his associates with Lyons, Gaddis, Kahn & Hall, P.C., of Longmont, Colorado, attorney's concerning the issue of a able water source. Applicant will not divide the Property into less than 35 acre parcel's. Accordingly, this PUD will not be a "subdivision" at change of zone or at the time of final plat, because it is within an exception to the definition of"subdivision" found at C.R.S.,§30-28-101(10) and Weld County Code §24-1-40, both of which expressly exclude divisions of land into lots of 35 acres or greater from the definition of"subdivision." Applicant has alreadyieb'tained four(4) exempt commercial well permits from the Division of Water Resources, each a sociated with different quarter-quarter sections of the Property. Applicant will not divide the property into less than 35 acre parcels and • will comply with the requirements of commercialexempt wells. The applicant submitted a conceptual guide which allows for more flexibility in the amount of detail submitted in the specific development guide. The conceptual development guide will address standards in Sections 27-6-30 through 27-6-110,ofChapter 27. It is the applicant's understandincitthat the development guide will be acceptable as long as it is made clear that the applicant's intent is to request that the Board of County Commissioners allow review and approval of each land use administratively. The cover letter has been modified to include this request. The Summary of Concerns/ Responses to Referral Agency Comments dated January 7, 2011 was included in the application materials. The number of development sites/ parcels is unclear. There appears to be sixteen (16) pad sites graphically represented for general location only, with specific lots identified at time otfinal plat. The Conceptual Site Plan bubble diagram has been provided to the County for reference only and represents Mt of one of the potential layout options for this site. Thus it is highly likely that the layout anct) onfiguration of parcels on this site will differ from the conceptual site plan that was originally`conceived and submitted. At this time, the number of parcels is unknown. As a4aheral comment, referral agencies who did not respond to either the initial Sketch Plan application oftne second submittal with similar yet revised documents should be noted as "No comments received at ate of Sketch Plan referral." Referral Response Letter has been updated. Review of the Change of Zone Development Guide dated January 7, 2011 provides comments on each component. Staff requests the word "Conceptual'to be added to the Development Guide heading. See above. Component One - Environmental Impacts #17 addresses the Commercial Exempt wells associated with the site. The applicant states "If additional water is required, the applicant will comply with all Colorado • Division of Water Resources and State requirements. Please provide the Department with evidence of • water and address the Division of Water Resources referral comments. See above. Component Two — Service Provision Impacts #2 address Law Enforcement. The statement should read "The Weld County Sheriff will provide law enforcement to this development. Corrected. Component Six-Signage, the applicable Chapter addressing this component is Chapter 23 only. Corrected. Site Mapping: Review of the"Rezoning Plat", Sheet 1 of 1 dated January 7, 2011 shall be titled • "Niobrara Energy Park" "P. U. D. Change of Zone Plat" Correction made on Change of Zone Plat. The applicant has indicated on the plat that the proposed uses will be allowed if this case`ioves forward. One note on the plat states: The PUD (Planned Unit Development) District is int&tled to allow an alternative means for property owners to apply flexibility in developing their Iartg,which may not be possible under the normal application of Chapter 23 and Chapter 24 of this Code. The PUD District is intended to encourage flexibility and variety in the Development of land to promote its most appropriate use; improve the design, character and quality of new Development; facilitate the adequate and economical provision of public and private services; preserve the natural and scenic features of the Development area; encourage an integrated planning approach; and ensure compatibility with Chapters 22 and 24 of this Code. The COUNTY is authorized to regulate PUDs by Section 24-67-101, et seq., C.R.S. (Weld County Codification Ordinance 2000-1) Please note that the note stated above is similar but not exactly the same as the actual note on the plat. Section 23-3-510.B requires a description of uses within a PUD District. This description will give a clear indication of the type of uses. Further, Section 23-3-510.C states "Each approved PUD District is • considered unique, and the uses described within a PUD District cannot be altered unless an amendment to the PUD District is approved under Article II, Division 8 of this Chapter. (Weld County Codification Ordinance 2000-1)." This being stated, the Department of Planning Services requests a description of each proposed use if not previously described in Chapter 23, Section 23-1-90 of the Weld County Code. It will be at the applicant's request during the Boargl,;pf'County Commissioner's hearing to approve of the list of uses described below since these uses are not specifically addressed in the Weld County Code. Co-Generation Electric Plant Photovoltaic Energy Cogeneration Alternative Energy Creation Facility Alternative Energy Manufacturing Facility Alternative Energy Distribution Facility Geothermal Prodi tion Energy Storagg! echnologies, including but not limited to: Batteries, Fhifheel (FES), Chemical Conversion and Magnetic Fuel Cell, velopment Compre,ssed Air Storage Clou, omputing Centers Telecom Hotel /Network Station Data Centers Helipads A list of definitions has been included with this 1-24-11 resubmittal. Currently, the following comments are applicable. The Department of Environmental Health in their electronic mail dated January 11, 2011 has the following • comments: It appears water issues with the State are not resolved, further a temporary water source is • not supported by this department. The Department will defer to the county Attorney's office on how to proceed. Two, the Department requests a copy of the geotechnical soils report for this property to be included in the Change of Zone complete application submittal. TST/TBG Per previous discussions with County staff, we have agreed that a geotechnical report will be submitted at the time of Site Plan and Final Plat, and will not be submitted for the Change of Zone application. The Department of Public Works in their referral dated January 14, 2011 has the following comments, Weld County Public Works has received the Change of Zone application materials for the Harrisori+- Niobrara Energy Park PUD and has the following 7-Day Completeness Review comments. This ph se of the planning process is a content review of the submitted materials, NOT a technical review. Cpm•ents made during this phase of the process will not be all-inclusive, and will address the critical,issues of concern including but not limited to the Site Plan, Traffic Study, Drainage Report, Geotetatinical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the application materials are deemed complete and the application is promoted to the review phase of the planning process. TST— Noted. Site Plan Review: A Change of Zone Plat was submitted with the Change of Zane Application. Section 23-2-50 of Weld County Code contains application requirements for Change'of Zone. The items within this Code section have been shown on the plat except for items mentioned in part 3,C-d: location of rivers or other drainage systems within 200 feet of the property. Please;identify and label Little Owl Creek on the plat. Please label Section 19 and show a north arrow on your 'icinity Map. TST— Little Owl Creek has been shown and labeled on the plaft and the vicinity map now includes a north arrow and a label for Section 19. 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 Master 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. TST— Noted. It is acknowledged that drainage studies and reports will need to be provided at the time of Site Plan and/or Final Plat. 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 Kris 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 Draihbge 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'fb capture the 100-year developed on-site runoff and release it at the 5-year historic runoff. t , • 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. • 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. TST— Noted. It is acknowledged that geotechnical studies and reports will need to be provided at the time of Site Plan and/or Final Plat. It is acknowledged that any offsite geotechnical studies that need to be performed will be directly related to any offsite construction improvements proposed • or required. 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. TST— Noted. 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. Acknowledged. Traffic Study: No Traffic Study was submitted for this Change of Zone application. During a telephone conversation with.C$unty staff on January 3, 2011, the applicant was informed that the Public Works Department wil6.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 gUXiliary 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 apprr }iate 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 laf es, 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. TST — Noted. It is acknowledged that traffic studies and reports will need to be provided at the time of Site Plan and/or Final Plat. This concludes our evaluation of the submitted materials. Please address the items herein in order to move the application forward Also, please submit the PUD Change of Zone application fee of • $1,550.00, with the submittals. If you would like to schedule a meeting to discuss this letter and the content, please do not hesitate to contact me. Sincerely, Kim Ogle Planning Services File. PK-1158 PZ-1158 PA10-092 t ec. Planning Correspondence T Jiricek,Planning T Parko,Planning ,. L.Light,Public Health and Environment ;',, D. Carroll,Public Works • K. Swanson,Building Inspection F Otis,Applicant's Counsel J.Birdsall, TBGroup . J" C. Mathis, TBGroup H. McDonald, TST, Inc. D Taranto, TST, Inc • • 1861 - 20 11 MEMORANDUM (.J TO: Kim Ogle, Planning Services DATE: January 14, 2011 WEL -.00 NTY FROM: Donald Carroll, Clay Kimmi, Janet Carter, Public Works SUBJECT: PZ-1158, 7-Day Completeness Review, Change of Zone Craig Harrison — Niobrara Energy Park PUD Weld County Public Works has received the Change of Zone application materials for the Harrison — Niobrara Energy Park PUD and has the following 7-Day Completeness Review comments. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the application materials are deemed complete and the application is promoted to the review phase of the planning process. Site Plan Review: A Change of Zone Plat was submitted with the Change of Zone Application. Section 23-2- 50 of Weld County Code contains application requirements for Change of Zone. The items within this Code section have been shown on the plat except for items mentioned in part 3,C-d: location of rivers or other drainage systems within 200 feet of the property. Please identify and label Little Owl Creek on the plat. Please label Section 19 and show a north arrow on your Vicinity Map. likrainage 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 Master 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. Page 1 of 2 C:\Documents and Settings\kogle\Local Settings\Temporary Internet Files\Content.Outlook\NUIE6KGO\PZ-1158 Craig Harrison-Niobrara Energy Park-Final 7 Day.doc • 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. • 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 iie rmit will not be released until the applicant has signed the Improvements Agreement,posted collateral,and ubmitted 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 • Page 2 of 2 C.\Documents and Settings\kogle\Local Settings\Temporary Internet Files\Content.Outlook\NUIE6KGO\PZ-1158 Craig Harrison-Niobrara Energy Park-Final 7 Day.dOC Kim Ogle From: Trevor Jiricek 'Rent: Wednesday, January 12, 2011 3:29 PM o: Tom Parko; Bruce Barker; Kim Ogle Subject: FW: water update Guys, Craig sent me this earlier today and will the topic of discussion in our phone con fab tomorrow..... Trevor Jiricek Director Department of Planning& Environmental Health Services 1555 N. 17th Avenue Greeley, Colorado 80631 Email: tiiricek(aco.weld.co.us Office#: 970-353-6100, Extension 2214 Fax#: 970-304-6498 From: Craig Harrison jmailto:craiq@harrisonresource.coml Sent: Wednesday, January 12, 2011 11:51 AM To: Trevor Jiricek; flotis@nocolegal.com Subject: water update S4atthew Machado to me, Fred, Jeffrey show details 9:45 AM (2 hours ago) See Joanna's response below. I followed up with a phone call. Same answer—avoid "subdivision." State Engineer("SEO") is required by statute to review "subdivisions" for adequacy of supply and injury, which automatically results in denial of well permits and requirement of an aug plan. The SEO is not required to review non-subdivision divisions of land. However, the SEO does comment such divisions to help counties evaluate water supply, but does not comment on the adequacy or the injury issue. Joanna stated that a PUD, if not called a "subdivision" by Weld County, would not trigger the injury and adequacy review. She stated that if 35 acre or greater parcels were created by a process not involving a subdivision, including a PUD, she does not see any reason why the exempt permits would not be granted, although cannot guarantee that now until the review is done. However, if Weld County calls the PUD a subdivision in the referral, regardless of whether it does not meet the statutory definition per 30-28-101O0), then the State Engineer will likely treat as a subdivision and do the injury and adequacy analysis. I don't necessarily agree with Joanna because the SEO should be bound by the State's statutory definition, not the County's, but convincing the SEO is not guaranteed and will not happen within your time frame. So, one way to solve the problem would be for Weld County to simply state in the referral letter to the SEO that this PUD is not a subdivision because it does not meet the definition of"subdivision" per C.R.S. 30-28-101(10) and Weld County Code Sec. 24-1-40 because the division of land results in parcels 35 acres or greater. 1Iatthew Machado LYONS GADDIS KAHN & HALL, PC P.O. Box 978 1 Lauren Light Orom: Lauren Light ent: Tuesday, January 11, 2011 11:53 AM o: Kim Ogle Subject: review for Niobrara energy park pud rezoning 1. It appears water issues with the State are not resolved. Defer to County Attorney on how to proceed. 2. EH did not receive a copy of the geotechnical soils report. 3. Temporary water source is not supported by EH. BCC would address this request. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilight@co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) • • 1 • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17` Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO January 5, 2011 Craig Harrison Niobrara Energy Park LLC 2725 Rocky Mountain Avenue, Suite 400 Loveland, Colorado 80538 Subject: PK-1158 - (Niobrara Energy Park) Request for a PUD Sketch Plan for a seventeen (17) parcel Subdivision with Commercial and Industrial uses, open space and continuing oil and gas production uses on a parcel of land described as Section 19, • Township 11 North, Range 66 West of the 6th P.M. Weld County, Colorado. Dear Mr. Harrison: The Department of Planning Services' staff and various referral agencies have reviewed your Sketch Plan application. Comments made during the Sketch Plan phase of the Planned Unit Development and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application processes. Copies of the following referral agency comments are enclosed with this letter: • West Greeley Soil Conservation District, referral dated November 30, 2010 • Weld County Department of Public Works, referral dated December 6, 2010 Colorado Division of Water Resources, referral dated December 8, 2010 Tri-State Generation and Transmission, referral dated December 17, 2010 Public Service of Colorado (Xcel Energy), referral dated December 21, 2010 • Weld County Building Department, referral dated December 28, 2010 • Weld County Department of Public Health & Environment, referral dated January 2, 1011 • Weld County Code Compliance, referral dated January 3, 2011 The Department of Planning Services' staff and referral agencies have reviewed your application for a sketch plan on the above described parcel. Planning staff comments are based upon consistency with the Weld County Code, Chapters 19, 22, 23, 24, 27 and any adopted intergovernmental agreements, or master plans of affected municipalities. • PK-1158,Niobrara Energy Park,page 1 • OVERVIEW AND DISCUSSION The site under review is currently zoned Agricultural and is located north of and adjacent to County Road 126 and approximately 0.75 miles west of State Highway 85. There are improvements on site in association with the overhead 230kV WAPA/Tri-State Generation and Transmission lines (Structures and monitoring equipment only). The transmission line easement is not defined on the set of drawings associated with the site application. The site has one visually identified shared access onto County Road 126 at the top of the hill within the overhead transmission line easement. The Planned Unit Development Sketch Plan proposes an urban scale development on approximately 564 acres with commercial and industrial uses, on-going oil and gas production facilities and open space. The lots are identified by general location only and will be defined at time of Final Plat. Section 23-2-150.G of the Weld County Code provides for the provisions for a waiver of the site plan review requirement for commercial and industrial uses in a Planned Unit Development (PUD) upon determination that sufficient detailed information was submitted and reviewed in the Final PUD Plan. The Department of Planning Services is on record to support said waiver if the 1) specific development guide is followed and 2) if the information submitted at Final plat follows the Site Plan Review application process. The lots are compatible with the intent and uses allowed in the Commercial/Industrial (C-3) (1-3) Zone District as set forth in Article Ill, Division 3 and 4 of the Weld County Code. Unless otherwise requested, the proposed lots will adhere to the Commercial/Industrial Zone District requirements, including setback, offsets, number of animal units and building height. At this time, the applicant has not requested a waiver from these requirements. • LAND USE REFERRAL COMMENTS: The application indicates that the site is to be served by Individual Wells and Individual Sewage Disposal Systems (ISDS). The State Engineer's Office indicates in their referral dated December 8, 2010 that four (4) commercial exempt wells are the proposed source for the property. The use of the wells is limited to drinking and sanitary facilities for a commercial business, and may not be utilized for domestic (residential), industrial (production uses), landscape irrigation or any other outside purpose. Further, additional water for a high water user, such as a mancamp, would be trucked in via a municipal service provider, and water for industrial operations is to be trucked in by a company specializing in water hauling services for the energy industry. Finally, if the property is to be subdivided, the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Given this issue of subdivided lands, exempt wells constructed within the development must be included in an augmentation plan, or must be plugged and abandoned since the provisions of CRS 37-92-602, C.R.S. which allowed for the issuance of the well permits, would no longer apply. In discussion with the Division of Water Resources this morning, the subdivision of lands will require non-exempt wells and an augmentation plan and substitute water supply plan to be applied for and ultimately approved through the Division of Water Resources and Water Court. The Weld County Department of Public Health and Environment in their referral dated January 2, 2011 indicates that any temporary water source would require approval from either the Board of Health, if a cistern is utilized, or the Board of County Commissioners if bottled water is supplied. Section 27-2-170 of the Weld County Code addresses Public water Provisions. This Section states "PUDs must be capable of meeting state drinking water regulations (Colorado Primary Drinking Water Regulations) and have adequate provisions for a three-hundred-year supply of PK-1158,Niobrara Energy Park,page 2 water. Water systems, including wells, which rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent supply plan alternative renewable water sources to ensure water supplies for the future." (Weld County Code Ordinance 2002-9) This office is unable to make the determination of wells in the Denver Basin and therefore defer to the State Engineers Office for direction. Further, Section 27-2-210 addresses Water Provisions, this Section states "A PUD Zone District shall be serviced by an adequate water supply. Alf 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 Department of Planning Services and the Department of Public Health and Environment shall review any PUD applying for an exception to public water to determine if the application meets the intent of the PUD regulations and state water requirements." (Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2007-1) Written evidence of compliance with the requirements of the State Engineer's Office shall be forwarded for review and acceptance by the Weld County Attorney's Office prior to submitting the Change of Zone application. Weld County Department of Public Health and Environment in their referral dated January 2, 2011 indicates that sewer will be provided by individual sewage disposal systems. 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. The covenants, and a plat note, for this development 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 office is unable to accept an application for Change of Zone without evidence of water and will not support any development unless there is evidence of water. Twenty-five (25) land use referrals were sent to agencies which may be impacted by this proposed development. In the referral period, which spanned the December 2010 holiday season, eight agencies responded, some with specific concerns, whereas the following agencies did not return a response: Colorado Department of Transportation • Nunn Fire Protection District Weld County Sheriff's Office p Colorado Division of Wildlife Weld County Department of Emergency Management • Weld County Ambulance Services Colorado Water Conservation Board Colorado Oil and Gas Conservation Commission • - Warren AFB— Real Property Western Area Power Administration PK-1158,Niobrara Energy Park,page 3 • Federal Emergency Management Agency [FEMA] • US Army, Corps of Engineers School District, RE-9 • Poudre Valley REA • Colorado Interstate Gas Company Kinder-Morgan PRIOR TO PROCEEDING TO FUTURE APPLICATIONS: It is strongly recommended that the applicant shall contact all referral agencies and provide written documentation indicating that their concerns have been addressed to the satisfaction of each referral agency. Should a referral agency not respond to the applicant's inquiry, please provide written documentation of such, including date of attempted contact and the name of the person. Given the fast track nature of this proposal, and the end of the year holidays, all referral agencies may not have had adequate time to fully respond. Contact of agencies now may eliminate unforeseen issues in future applications. Dialogue with referral agencies is vital in order to address the major components of the development guide that is required with the Change of Zone application, please reference Section 27-6-20 of the Weld County Code. Fire protection will be provided by the Nunn Fire Protection District. The District did not return a referral response. Future applications shall address the concerns, if any, of the Nunn Fire Protection District related to fire flow, fire hydrant location, and access, including addressing the concerns raised by the Division of Water Resources. • The Weld County Sheriff's Office, Weld County Department of Emergency Management, Weld County Ambulance Services did not return a referral within the 28-day referral period; the applicant in future applications shall contact these agencies and address their concerns as applicable. The applicant shall contact the Colorado Department of Transportation concerning access, turning movements, signalization and signage for the connection from County road 126 to State Highway 85. Future applications shall address the concerns and related issues associated with the potential impacts this proposed development will have on the transportation network. Written evidence of a meeting with the Colorado Department of Transportation is requested prior to submitting the Change of Zone application. The applicant shall address the concerns/requirements of the Weld County Department of Public Health and Environment in future applications as stated in their referral dated January 2, 2011. The Department of Public Works stated in their referral dated December 6, 2010 several concerns addressing onsite detention and drainage requirements, traffic circulation and improvements and the Geotechnical Soils Report. Future applications shall provide written evidence from the Department of Public Works indicating that their concerns/requirements have been addressed. These issues raised in this referral are of the utmost importance should the applicant be considering adhering to the specific development guide versus the conceptual development guide. The applicant shall meet with the School District RE-9 prior to submitting the Change of Zone application to discuss their requirements/concerns with the existing school bus route and the proposed development. The applicant shall also meet with the appropriate postal district prior to PK-1158,Niobrara Energy Park,page 4 submitting the Change of Zone application to determine if a common mailbox area (Kiosk)will be • required. If required, the mail box area must be shown and dimensioned on the Change of Zone plat. Evidence of approval for the mail box location(s) shall be included in the Change of Zone application. The mail box kiosk and detention pond shall be located on an outlot and maintained by the Energy Park Owners Association (EPOA). The Division of Water Resources reviewed this case and had extensive comments for consideration. The applicant shall address their concerns and issues raised as stated in their referral dated December 8, 2010, in future applications. Written evidence of compliance with the requirements of the State Engineer's Office shall be forwarded for review and acceptance by the Weld County Attorney's Office prior to submitting the Change of Zone application. The applicant shall indicate how the roads and open space areas including the stormwater detention area will be maintained. Section 27-2-190 addresses urban scale development. By definition, "Urban scale developments are developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. Urban scale development requires support services such as central water, sewer systems, road networks, and storm drainage. This definition does not affect or apply to those coordinated planning agreements between the County and municipalities which are in effect as of May 14, 2001." (Weld County Code Ordinance 2001-1) The applicant submitted a drawing titled "PUD Sketch Plan Map" prepared by TB Group dated November 10, 2010. This drawing has delineated seventeen (17) building pad sites. This office considers this callout and delineation as future parcels, flexible in size and dimension, which may be developed at a future platting phase. For the purposes of the Change of Zone • application, this office will evaluate the Niobrara Energy Park PUD as a seventeen (17) lot PUD with commercial and industrial uses. The Change of Zone plat shall be modified to address the following: A. Internal road network for all primary roads accessing from County Road 126. B. The existing right-of-way for all adjacent County Roads, including Section Line roads and future right-of-way for County Road 126. C. All easements and related encumbrances within said easements, including Book, Page and Reception number as applicable. D. All improvements to County road right-of-way and encumbrances within said right-of-way. • PK-1158,Niobrara Energy Park,page 5 • APPLICATION SUMMARY: The Planned Unit Development Sketch Plan proposal is for a PUD Sketch Plan for a seventeen (17) parcel Subdivision with Commercial and Industrial uses, open space and continuing oil and gas production uses on a parcel of land described as Section 19, Township 11 North, Range 66 West of the 6`h P.M. Weld County, Colorado. After reviewing the Planned Unit Development Sketch Plan proposal, it is the opinion of the Department of Planning Services that the Planned Unit Development Sketch Plan proposal does not meet the applicable criteria as listed in the Weld County Code, specific to a viable water supply as previously discussed. Should you choose to proceed with the Planned Unit Development application process, the next step is to address the concerns of the referral agencies. When written evidence of compliance with the requirements of the State Engineer's Office has been addressed, this information shall be forwarded for review and accepted by the Weld County Attorney's Office prior to submitting the Change of Zone application. It will be difficult for the Department of Planning Services to support the Change of Zone application without an approved source of water. Further, this office is unable to accept an application for review without evidence of water. This office will request written evidence of referral agency response to concerns to transportation, drainage and fire suppression, at a minimum. Subsequent submittals associated with this proposed PUD must address all issues discussed above, as well as the questions and concerns of all the referral agencies. Please note, staff comments made during the Sketch Plan phase of the PUD application • procedure and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application process. Please remember that the second step of the three step application process commences when a complete application is deemed complete. The application must be deemed complete prior to setting the case for referral agency response. As delineated in Section 26-6-20 of the Weld County Code, the applicant has the option to follow the specific development guide for submittal requirements. This option is intended to facilitate a more expedient review process because information is reviewed at the earliest opportunity. The specific development guide shall address, in detail, all proposed uses on site and development delineated in Sections 27-6-30 through 27-6-110 of this Chapter. Should the applicant elect to follow the specific development guide, Planning staff may support a request of the applicant to have each Final Plat administratively approved, in lieu of the formal Board of County Commissioner hearing. Please also note, if the proposed uses differ between the Change of Zone, specific development guide and Final Plan submittals, additional review of the Final Plan by the Board of County Commissioners is warranted at a public hearing. Should the applicant elect to follow the conceptual guide which allows for more flexibility in the amount of detail submitted in the specific development guide. A conceptual development guide submittal is not required to contain as detailed information as a specific development guide; however, any information not included in sufficient detail in the conceptual development guide will be required to be submitted at the final plan application. The conceptual development guide will schematically and generally address standards in Sections 27-6-30 through 27-6-110 of this PK-1158.Niobrara Energy Park,page 6 • Chapter. Should the applicant elect to follow this option, all Final Plats will be scheduled for approval before the Board of County Commissioners, (unless otherwise approved by the Board of County Commissioners). If you need further information or have questions please feel free to contact the office at the address and the telephone number stated in the letter head. Sincerely, /' Kim o Planning Services Enclosures File:PK--1158 ec: T. Jiricek, Planning T. Parko, Planning L. Light, Public Health and Environment D. Carroll, Public Works K. Swanson, Building Inspection F. Otis, Applicant's Counsel J. Birdsall, TBGroup C. Mathis, TBGroup H. McDonald, TST, Inc. D. Taranto, TST, Inc. • • PK-1158,Niobrara Energy Park, page 7 • #014 MEMORANDUM TO: W I DATE: PA10-09? File, pre-application November 4, 2010 COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting Straight COZ (I-3) or PUD with 1-3 uses for Niobrara Energy Park Attendees: Craig Harrison, Applicant Dan Taranto, TST, Inc. Jim Birdsall, TBGroup Fred Otis, Otis, Coan and Peters, LLC Dave Bauer, Public Works Trevor Jiricek, Planning Tom Parko, Planning • Kim Ogle, Planning Chris Gathman, Planning Michelle Martin, Planning Kris Ranslem, Planning On Thursday, November 4, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed energy park. (The legal description is Section 19, T11 N, R66W of the 6th P.M.) Background Information: This meeting was called at the request of Planning Services as a follow-up to the application submitted for a straight Change of Zone from Agricultural to 1-3. Staff requested the meeting to discuss potential options to achieve the desired end result within a tight time frame. The Planning Department laid out a timeline and the ramifications for each process for discussion by the attendees. Planning Department Staff provided a timeline comparison between a Change of Zone application and a PUD application. Staff stressed that they wish to make this application successful therefore they recommended that the applicant follow the PUD application. According to Weld County Code, spot zoning or floating zone districts as well as a number of the uses identified in the submitted application are not allowed as submitted; therefore according to what the applicant desires, the PUD process will allow him the flexibility to include the desired uses. Public Works Staff requested that the applicant submit a traffic narrative at the time of PUD Sketch Plan, including language that they acknowledge improvements will be required at triggered levels. • Staff indicated that drainage will work the same way. The applicants will submit a design; however knowing that it may be expanded as more users are involved. No Flood Hazard Development Permit (FHDP) is required. No Geohazard permit is required. • Planning Department In addition to earlier comments, staff stated that depending on when the application is submitted a special Planning Commission hearing may be requested which would be on the third Tuesday of the month. Staff stated that the applicant has three (3) years to complete the Final Plat after the Change of Zone is completed. Upon application of new users, the Final Plat will need to be amended. The applicants and Staff discussed requirements regarding 1041 applications. Staff will seek legal advice from the County Attorney and follow-up with the applicants. NOTE: In follow-up with the County Attorney's office, a 1041 permit will be required for all activities involving the conveyance or connection to the electrical grid. Mr. Harrison stated that he has talked to a majority of the surrounding property owners and feels good about their comments. They have indicated that they approve of the project; however they do not wish to have a residential development located adjacent to their properties. After a private meeting post the Planning Department presentation, the applicants indicated that they would like to follow the PUD process in lieu of proceeding with the straight Change of Zone. Mr. Harrison, speaking on behalf of his team indicated their desire to submit a new application (PUD Sketch) within the following week. Staff urged the applicant to contact staff for any questions, with Mr. Ogle being the primary point of contact. In instances when Mr. Ogle is unavailable, the Planner On Call office is available Monday • through Friday 7:30 a.m. to 4:30 p.m. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. • • _ MEMORANDUM IL DATE: PA10-Octob 22 2010; Case File, pre-application COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting Change of Zone application for PUD Attendees: Craig Harrison, Applicant Heather McDonald, TST, Inc. Don Taranto, TST, Inc. Jim Birdsall, TBGroup Gloria Hice-Idler, CDOT Heidi Hansen, Public Works Don Carroll, Public Works Ken Swanson, Building • Tom Parko, Planning Kim Ogle, Planning Michelle Martin, Planning Kris Ranslem, Planning On Friday, October 22, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed energy park. (The legal description is Section 19, T11 N, R66W of the 6t" P.M.) Background Information: The site is located in proximity to the anticipated large Niobrara oil field which is experiencing increased drilling activities. In addition,there are several utilities in the area that include electric and gas transmission lines and facilities. North of the proposed site is the Cheyenne Hub station. The applicant is proposing an Energy Park that focuses on renewable energy, e.g. solar, wind, natural gas, oil and cogeneration plants. The site encumbers approximately 640 acres and is north of and adjacent to CR 126; approximately% miles west of US 85 and approximately 2 miles east of Carr. The applicant wishes to obtain a Change of Zone from Agriculture to 1-3 Heavy Industrial to market the property to prospective clients that are interested in locating their facilities in the proposed energy park. Harrison noted that the parties who have expressed interest in the proposed development want zoning to be in place first, as this may be a perception that the use is allowed and one less item to take off of the check list. Building Department All buildings and/or structures will be required to obtain building permits. • Public Works A Traffic Study and full Drainage Report will be required at the time a first user is established. All internal roads will need to be modeled as paved roads. The applicant indicated that he expects the first user to be oil and gas wells. He would like to gravel the road for the first user and then pave the • roads as more users are established. Staff stated that an Improvements Agreement is required. CDOT stated that Highway 85 is classified as an Expressway and the applicant will be required to make improvements at the intersection of US 85 and CR 126,which include but are not limited to full movement acceleration and deceleration lanes. No Flood Hazard Development Permit (FHDP) is required. Planning Department Staff stated that in reviewing the Comprehensive Plan of the Weld County Code, the proposal is not compatible with adjacent land uses and zoning which is Agrarian. If a change of zone to industrial was granted, it would create a spot zone that is against sound planning and principles and open the door for surrounding property owners to seek similar or like zoning. The proposal is not consistent with the goals and policies of the Comprehensive Plan as adopted. The applicants proposed an 80 acre minimum Agricultural buffer surrounding the perimeter of the Industrial Zone to minimize incompatibility with surrounding properties. Staff stated that they will seek legal counsel with respect to this proposal and will follow-up with the applicant. Staff stated that if the property was approved for 1-3 (Industrial), all site specific development plans will require a Site Plan Review (SPR) or a Use by Special Review (USR) permit. Staff reiterated the benefit to apply for and proceed with a Planned Unit Development (PUD) application as this would make more sense in the long-term and could be more palatable. Staff urged the applicant to contact staff for any questions: • Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX: 970-304.6498 Date: I Ji 20 // Receipt No. 1 5 n ° r Received From: /vi, .'t�l_6l A jJ>t/ CA t= &l Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW i 4221-CHANGE OF ZONE I f ]� 6) 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ❑CASH CHECK NOT.'7r)I v OCREDIT CARD TOTAL FEE J—)-0' Receipted By: DL# Exp. • 111 APPLICATION FLOW SHEET COLORADO PLANNER: Trevor Jiricek APPLICANT: Craig Harrison on behalf of Niobrara Energy Park, LLC CASE #: PZ-1158 REQUEST: A Change of Zone from A(Agricultural) to PUD with Business Commercial (C-3)and Industrial (I-3) uses. open space. continuing oil &gas production (Niobrara Energy Park) LEGAL: All of Section 19. Township 11 North Range 66 West of the 6'" P.M. Weld County, CO LOCATION: North of and adjacent to CR 126, approximately 0 75 miles East of State Highway 85 PARCEL ID#: 0203-19-0-00-003 ACRES: 644 +/- DATE BY Drop Application Received 1-24-2011 Application Complete 1-25-2011 Ogle PC Hearing Date: March 1. 2011 Action: PC Sign to be Posted By: February 11, 2011 Referrals Listed File Assembled Referrals Mailed -515T; tdvAt-e— Letter to Applicant Mailed Date Public Notice Published in County Newspaper Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing. March 16, 2011 Action: CC Sign to be Posted By Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts Zoning Agricultural Airport Yes No C_ Geologic Yes No_C Flood Hazard Yes No C Panel#080266 0000 C Hello