HomeMy WebLinkAbout20062883 INVENTORY OF ITEMS FOR CONSIDERATION
i Applicant Cedar Creek Wind Energy, LLC Case Number USR-1573
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
v' 4 Referrals with comments X
Weld County Department of Public Works referral received 8/18/2006 (3 pages) X
Weld County Department of Public Health and Environment referral received X
9/12/2006(3 pages)
Weld County Department of Building Inspection referral received 9/11/2006(2 X
pages)
Weld County Zoning Compliance Officer referral received 8/10/2006 X
West Greeley Soil Conservation District referral received 8/18/2006 X
N 5 Surrounding Property Owners/Mineral Owners -Letters
6 PC Exhibits
6A Sign posting affidavit ( 1(1/4_1 X
Cvnunioaio 1 Resututlon
I hereby certify that the 10 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
dicitO
Chris Gathman S Planner
- 2006-2883
pAt
VCLANDAPPLICATION
SUMMARY SH ET
COLORADO
Planner: Chris Gathman
Case No.: USR-1573 Hearing Date: October 3, 2006
Applicant: Cedar Creek Wind Energy, LLC
Address: 310 4'^ Street, Charlottesville, VA 22902
Request: Site Specific Development Plan and Use by Special Review for a Mineral Resource
Development Facility(Concrete Batch Plant) in the A(Agricultural)Zone.
Legal: Part NW4 NW4 of Section 2, T10N, R60W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 122; and east and west of and adjacent to CR 105.
Parcel Size: 11 +1-acres
Parcel No: 0289 02 000001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 8-10-2006
• West Greeley Soil Conservation District, referral received 8-18-2006
• Weld County Department of Building Inspection, referral received 9-11-2006
• Weld County Department of Public Works, referral received 8-21-2006
• Weld County Department of Public Health and Environment, referral received 9-12-2006
The Department of Planning Services'staff has not received responses from the following agencies:
• Town of Grover
▪ Pawnee Fire Protection District
• United States Fish &Wildlife
• Pawnee National Grasslands
• Colorado Division of Wildlife
• National Park Service
EXHIBIT
USR-1573,Cedar Creek Wind Energy,LLC, Page 1
a SPECIAL REVIEW PERMIT
�IWl�/ �' ADMINISTRATIVE REVIEW
PRELIMINARY
COLORADO
Planner: Chris Gathman
Case No.: USR-1573 Hearing Date: October 3, 2006
Applicant: Cedar Creek Wind Energy, LLC
Address: 310 4th Street, Charlottesville, VA 22902
Request: Site Specific Development Plan and Use by Special Review for a Mineral Resource
Development Facility(Concrete Batch Plant) in the A(Agricultural)Zone.
Legal: Part NW4 NW4 of Section 2, T10N, R60W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 122; and east and west of and adjacent to CR 105.
Parcel Size: 11 +/-acres
Parcel No: 0289 02 000001
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 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80-CM.Policy 4.1.5:"Require,where possible,that batch plants and processing
Equipment be buffered from adjacent uses." The facility is located within a rural area. The
nearest residences are approximately 3/4 mile to the east and 1 mile to the north of the
proposed site.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A and Section 23-3-40.A.4 of the Weld County Code provides
for Mineral Resource Development Facilities including Concrete Batch Plants in the A
(Agricultural)Zone.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
USR-1573, Cedar Creek Wind Energy,LLC Page 2
surrounding land uses. The surrounding land immediately adjacent to the site is vacant. The
nearest single family residences are approximately 3/4 mile to the east and 1 mile to the
north.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with 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 and any other applicable
code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities.
The nearest municipality to the site is the Town of Grover. No referral has been received from
the Town of Grover indicating a conflict with their interests.
Planning Staff believes that,with the endorsement of the Conditions of Approval,contained in
this recommendation,the approval of this use will not jeopardize the health,safety and welfare
of the surrounding property owners.
E. Section 23-2-220.A.5--The application complies with Section 23-5-200 of the Weld County
Code. The site is not located within any overlay districts.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.The property is designated as
"high potential dry cropland - prime if irrigated" land according to the 1979 Prime Farmlands
of Weld County Map. The site is not irrigated.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 --Additional requirements for concrete batch plants have been addressed
through this application and the Development Standards will ensure compliance with Section
23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to recording the USR plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled USR-1573. (Department of Planning Services)
3. The Development Standards associated with this application.(Department of Planning
Services)
4. County Road 122 is identified on the Weld County Road Classification Plan as a local
gravel road,which requires 60-feet of right-of-way at full build out.The applicant shall
verify the right-of-way and the existing documents creating the right-of-way. All
USR-1573,Cedar Creek Wind Energy,LLC Page 3
setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
5. If county road County Road 105 is identified as a county road right-of-way it shall be
identified on the Weld County Road Classification Plan as a section line access. The
applicant shall verify the right-of-way and the existing documents creating the right-of-
way. Additionally the date of approval for the non-exclusive license agreement shall
be indicated. All setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County. (Department of Public Works)
6. The location of all permanent structures, i.e., scale house, truck scale, all buildings
and/or structures and known areas for"portable"machinery associated with this land
use application. Further all physical encumbrances presently in-situ for this site, i.e.,
irrigation ditches, oil and gas facilities et cetera. (Department of Planning Services)
7. The approved Site Lighting Plan. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department of
Health and Environment,if applicable.Evidence of such shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
C. The applicant shall submit a dust abatement plan for review and approval,to the Environmental
Health Services,Weld County Department of Public Health&Environment. Evidence of their
approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
r
D. The applicant shall submit evidence of a Colorado Discharge Permit System(CDPS)from the
Water Quality Control Division of the Colorado Department of Health and Environment for any
proposed discharge into State Waterways, if applicable. Evidence of such shall be submitted
to the Department of Planning Services. (Department of Public Health and Environment)
E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). Evidence of their approval shall be
submitted to the Department of Planning Services.(Department of Public Health and
Environment)
F. In the event the applicant intends to wash vehicles or equipment on site, the following shall
apply:
The applicant shall provide evidence to the Department of Public Health & Environment that
any vehicle washing area will be designed and constructed to capture all effluent and prevent
any discharges from drum washing and the washing of vehicles in accordance with the Rules
and Regulations of the Water Quality Control Commission and the Environmental Protection
USR-1573,Cedar Creek Wind Energy,LLC Page 4
Agency. Evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
G. The applicant shall submit a Lighting Plan identifying the number, size and location of all on-
site fixed and mobile lighting fixtures. (Department of Planning Services)
H. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado
Department of Labor and Employment(CDL&E), Oil inspection Section for any aboveground
storage tanks located on the site to the Weld County Department of Public Health &
Environment. Alternately,the applicant can provide evidence from the(CDL&E),Oil Inspection
Section that they are not subject to these requirements. Evidence of such shall be provided
to the Department of Planning Services. (Department of Public Health and Environment)
The applicant needs to identify a designated haul route from the nearest paved road to the
batch plant facility, office and substation. The applicant shall enter into a Long-Term Road
Maintenance and Improvements Agreement with the Weld County Public Works Department
on the designated haul routes for heavy vehicle traffic to support transport and equipment.
(Department of Public Works)
J. The applicant shall submit a Private Road Improvements Agreement for all improvements
associated with this site, i.e., fencing, overhead light fixtures, road base, et cetera or provide
evidence that the improvements have been completed to the satisfaction of the Department
of Public Works and Department of Planning Services. (Department of Planning Services)
K. To determine if a road right-of-way exists along the County Road 105 section line, determine
the land patent date. If road right-of-way exists, the applicant shall complete a Nonexclusive
License Agreement for the Upgrade and Maintenance for the Weld County right-of-way(CR
105)section line. (Department of Public Works)
L. The application indicates that water for batch plant operations will be brought in by truck from
Wyoming. It also indicates that water supply may be augmented by an onsite well. A water
hauling agreement shall be provided to the Department of Planning Services. If operations are
to be augmented by a well a copy of an approved well permit shall be provided to the
Department of Planning Services. (Department of Planning Services)
M. If USR-1563 is already recorded, the portion of the USR-1563 site (Cedar Creek windfarm
facility) upon which this batch plant is proposed shall be vacated. (Department of Planning
Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(aco.weld.co.us. (Department of Planning Services)
USR-1573,Cedar Creek Wind Energy,LLC Page 5
5. Prior to operation:
1. One month prior to operation,the applicant shall submit evidence of compliance with the State
of Colorado Department of Public Health and the Environment specific to a stormwater
discharge permit may be required for a development/redevelopment/construction site where
a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area.
Contact the Water Quality Control Division of the Colorado Department of Public Health and
the Environment at www.cdphe.state.co. us/wq/PermitsUnit
<http://www.cdphe.state.co.us/wq/PermitsUnit for more information. Written evidence of
compliance with referral shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
2. Proper building permits shall be obtained in accordance with the Weld County Building
Inspection Department, prior to any construction,demolition, or excavation. Part of the permit
application process includes a complete plan review. (Department of Planning Services)
3. The applicant shall provide a sign off from or provide evidence that notification has been
provided to Francis E. Warren Air Force Base.
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
7. 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 Board of County Commissioners
Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
USR-1573,Cedar Creek Wind Energy,LLC Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cedar Creek Wind Energy, LLC
USR-1573
1. This Site Specific Development Plan and Use by Special Review for a Mineral Resource Development
Facility (Concrete Batch Plant) in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Any time the applicant would utilize the right-of-way or cross the right-of-way, a Weld County right-of-
way permit shall be required. Contact the Weld County Public Works Department, P.O. Box 758,
Greeley,Colorado,80632,at 970-381-3779. This permit shall be in place prior to any work being done
within the right-of-way. (Department of Public Works)
4. This permit shall be obtained also from the Weld County Public Works Department for transporting the
overweight or overwidth items utilizing county roads or rights-of-way. Contact the Weld County Public
Works Department,P.O. Box 758,Greeley,Colorado,80632, at 970-381-3779. (Department of Public
Works)
5. If County Roads are damaged beyond normal wear and tear by importing and delivering concrete
material due to heavy hauling,the applicant or applicant's contractor will repair the road damage to the
satisfaction of the Public Works Department (Motor Grader Division Supervisor). The Weld County
Public Works Department will determine when this is warranted. Upon notice by Weld County, the
applicants will cease hauling operations or direct the contractor to cease hauling operations until the
roads are repaired to the satisfaction of the Weld County Public Works Department. Hauling
operations will not be allowed to resume until the condition of the road allows heavy hauling without
damage being done to the road. (Department of Public Works)
6. There shall be no staging or parking of vehicles or equipment on maintained county roads. Utilize on-
site locations and private rights-of-way. (Department of Public Works)
7. If excessive heavy truck hauling of concrete or materials cause dust problems to the adjacent property
owners, the applicant shall be required to provide an adequate dust suppressant chemical (calcium
chloride or magnesium chloride) for approximately 300 feet at any residence. Determination on
application shall be determined by the Weld County Public Works Department(Motor Grader Division
Supervisor) based on complaints, average daily traffic counts, and increase of heavy truck hauling
associated with this operation. (Department of Public Works)
8. If a drain culvert is required, a 15-inch corrugated metal pipe is the County's minimum size
requirement. If the applicant chooses to place a larger culvert,please contact the Weld County Public
Works Department to adequately size the culvert. (Department of Public Works)
9. The access shall be placed in such a location to have adequate sight distance in both directions and
not below the crest of a hill or where physical obstructions are present. (Department of Public Works)
USR-1573,Cedar Creek Wind Energy,LLC Page 7
10. Adequate turning radiuses shall be installed at all entrances to accommodate large truck movement.
The off-street parking and loading zones shall be surfaced with gravel or the equivalent and shall be
graded to prevent drainage problems. (Department of Public Works)
11. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development,the applicant/landowner shall
be responsible for controlling the noxious weeds. (Department of Public Works)
12. The right-of-way shall be a graded and drained road to provide an all-weather access. (Department of
Public Works)
13. Utilize the (MUTCD)Traffic Manual to appropriately sign construction zones and crossings adjacent
to county roads. (Department of Public Works)
14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type generally
attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding of
storm run-off. (Department of Public Works)
15. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
16. Utilize the erosion control plan for all the site until vegetation is established in the area. (Department
of Public Works)
17. Tracking pads are required at all measure construction locations where there is heavy traffic coming
from the site onto the county road. The purpose of tracking pads is to keep mud and debris from
leaving the site and being tracked on the county road contaminating the existing gravel road with mud
and debris. (Department of Public Works)
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
19. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. Department of Public Health and Environment)
20. Waste materials shall be handled, stored,and disposed in a manner that controls fugitive dust,fugitive
particulate emissions, blowing debris,and other potential nuisance conditions. (Department of Public
Health and Environment)
21. The applicant shall operate in accordance with the approved waste handling plan". (Department of
Public Health and Environment)
22. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
23. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
USR-1573,Cedar Creek Wind Energy,LLC Page 8
r. 24. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
25. Bottled water shall be provided to employees at all times. (Central Weld County Water District)
(Department of Public Health and Environment)
26. Portable toilets facilities(port-a-potty)and handwash stations shall be provided. (Department of Public
Health and Environment)
27. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
28. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
29. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
30. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
31. The applicant shall enter into a Long Term Road Maintenance and Improvements Agreement with the
Board of County Commissioners. (Department of Public Works)
32. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
33. Building permits shall be obtained prior to the construction or placement of any structure such as a
concrete batch plant and any other structures placed on the parcels. An electrical permit will be
required for any electrical service to equipment. A plot plan shall be submitted when applying for
building permits showing all structures with accurate distances between structures, and from
structures to all property lines. (Department of Building Inspection)
34. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
35. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code;2003 International Mechanical Code;2003 International Plumbing Code;2002 National Electrical
Code; 2003 International Fuel Gas Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
36. Each structure set on a foundation will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
USR-1573,Cedar Creek Wind Energy,LLC Page 9
37. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy
classifications shall be in accordance with the Building Code. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
38. Building height shall be measured in accordance with the Building Code for the purpose of determining
the maximum building size and height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height
shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback requirements are
are measured to the farthest projection from the building. (Department of Building Inspection)
39. The setbacks for the batch plant operation are measured from the future right-of-way plus the standard
twenty(20)feet in the Agricultural Zone District. (Department of Planning Services, Department of
Public Works)
40. Permits are required for all electrical work including electrical services for construction trailers, site
lighting, et cetera. (Department of Planning Services)
42. Drawings for any building or related projects shall be submitted to the Pawnee Fire Protection District.
(Department of Planning Services)
43. Additional requirements or changes may be required when building applications or plans are reviewed
by the Weld County Building Inspection Department, the Fire District, or other State agencies.
(Department of Planning Services)
44. Per section 23-3-250.D of the Weld County Code:
A. Sources of light, including light from high-temperature processes such as combustion or
welding, shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on adjacent properties; and
B. Neither direct nor reflected light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets and no colored lights may be used which may
be confused with or construed as traffic control devices. (Department of Planning Services)
45. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light, Monday through Saturday, except in the case of public or private
emergency or to make necessary repairs to equipment. Hours of operation in the winter months
(November through April)will be 7:00 am to 5:00 pm and in the summer months(May through October)
will be 7:00 am to 7:00 pm with limited hours of operation during the summer months. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of administrative and executive offices or
repair and maintenance facilities located on the property. (Department of Planning Services)
46. The number of on-site employees shall be limited to twenty(20)as stated in the application materials.
(Department of Planning Services)
47. Upon cessation of the batch plant operation. Equipment shall be removed and the site shall be
revegetated and reclaimed in the manner stated in the application materials. (Department of Planning
Services)
USR-1573,Cedar Creek Wind Energy,LLC Page 10
ess
48. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code. (Department of Planning Services)
49. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
50. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-290, Weld County Code. (Department of Planning Services)
51. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
52. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services. (Department of Planning Services)
53. In accordance with Section 23-2-200.E of the Weld County Code,if the Use by Special Review has not
commenced from the date of approval or is discontinued for a period of three(3)consecutive years, it
shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to
grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by
Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division
4 of the Weld County Code in order to reestablish any Use by Special Review.(Department of Planning
Services)
54. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
55. 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 be added for each additional 3 month period. (Department
of Planning Services)
56. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
57. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)
USR-1573,Cedar Creek Wind Energy,LLC Page 11
a.
es
DEPARTMENT OF PLANNING SERVICES
jot�-- r NORTH OFFICE
918 10TH Street
GREELEY, CO 80631631 PHONE: (970)353-6100, Ext. 3540
' FAX: (970)304-6498
WI`Pc.
COLORADO August 9, 2006
Cedar Creek Wind Energy
c/o Nelson Teague
310 4th Street
Charlorlotesville VA 22902
Subject: USR-1573- Request for A Site Specific Development Plan and Special Review Permit for a
mineral resource development facility (concrete batch plant) in the A (Agricultural) Zone District
on a parcel of land described as Pt NW4NW4 of Section 2, T10N, R60W of the 6th P.M., Weld
County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for October 3, 2006, at 1:30 p.m. This meeting will
take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It
is recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
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 shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Grover Planning Commission for
their review and comments. Please call Grover at 970-895-2213 for further details regarding the date,time,
and place of this meeting. It is recommended that you and/or a representative be in attendance at the Grover
Planning Commission meeting to answer any questions the Commission members may have with respect to
your application.
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. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
au,:o
GU
Chris Gathman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS September 23, 2006. 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 SPECIAL REVIEW 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1573 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
CHRIS GATHMAN
Name of Person Posting Sign
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Signature of Person Posting Sign
STATE OF COLORADO
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COUNTY OF WELD ) p
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The foregoing instrument was subscribed and sworn to me this s")' day of D(itYX,V , 20*
WITNESS my hand and official seal.
OtARY pU®
tary Public ; SAIZMA M
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My Commission Expires:
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FIELD CHECK inspection dates:9/20/2006
APPLICANT: Cedar Creek Wind Energy, LLC CASE #: USR-1573
REQUEST: Use by Special Review Permit for a for a a Mineral Resource Development Facility
(Concrete Batch Plant) in the A (Agricultural) Zone District
LEGAL: Part NW4 NW4 of Section 2, T10N, R60W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to CR 122; and east and west of and adjacent to CR 105
PARCEL ID #: 0289 02 000001 ACRES: +/- 11 Acres
Zonina Land Use
N A N rangeland
E A E rangeland
S A S rangeland
W A W rangeland
COMMENTS:
Vacant dryland site. Nearest home is approximately 3/4 mile to the east off of County Road 122.
dziA.AO
Chris Gathman - Planner II
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