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Home My WebLink About20140547.tiff RESOLUTION (First Amendment to Corrected Resolution #2011-0562 for PZ-1158) RE: APPROVE REQUEST CONCERNING REVISIONS TO VARIOUS CONDITIONS OF APP ROVAL FOR CHANGE OF ZONE,PZ-1158, FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT,WITH C-3 (BUSINESS COMMERCIAL)AND 1-3(INDUSTRIAL) USES, FOR NINE(9)PARCELS OF 35 ACRES IN SIZE OR GREATER, OPEN SPACE, AND CONTINUING OIL AND GAS PRODUCTION -RAWAH RESOURCES, LLC, CIO NIOBRARA ENERGY PARK, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 16, 2011, the Board approved the application of Rawah Resources, LLC, Go Niobrara Energy Park, LLC, c/o Craig Harrison, 2725 Rocky Mountain Avenue, Suite 400, Loveland, Colorado 80538, requesting Change of Zone, PZ#1158, from the A (Agricultural)Zone District to the PUD (Planned Unit Development)Zone District with C-3(Business Commercial) and 1-3 (Industrial) uses, having nine (9) parcels of 35 acres in size or greater, open space, and continuing oil and gas production — Niobrara Energy Park, for a parcel of land located on the following described real estate, to-wit: All of Section 19, Township 11 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, a Corrected Resolution was recorded in the Clerk and Recorder's Office on August 17, 2011, at Reception No. 3786555, and then was subsequently re-recorded on August 30, 2011, at Reception No. 3789362, to reflect the correct version of the attachment labeled "NIOBRARRA ENERGY PARK PUC - ALLOWED INDUSTRIAL AND COMMERCIAL USES" as authorized by the Commissioners on August 16, 2011, and WHEREAS,the Board has been presented with a request from the applicant to amend and reorganize various Conditions of Approval to allow them to proceed with the final plat,with many of the conditions to be completed at the time of Site Plan Review, because at this time the applicant does not know the intended uses of the lots, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request and, having been fully informed, finds that the request to amend and reorganize the terms and Conditions of Approval of Change of Zone, PZ-1158, is approved based on the Staffs Memorandum, dated February 20, 2014, and the comments, statements and information presented at the meeting. J 4003121 Pages: 1 of 19 3�/9-Ay 03/19/2014 11:51 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII KUM filti:Ged''id lf!!4'rilMY4ri, 11111 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158)- RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 2 NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC, c/o Craig Harrison, to amend and reorganize various Conditions of Approval for Change of Zone, PZ-1158, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, with Business Commercial (C-3) and Industrial (1-3) uses, having nine (9) parcels of 35 acres in size or greater, open space and continuing oil and gas production (Niobrara Energy Park PUD), on the parcel of land described above be,and hereby is,approved, and the Commercial and Industrial uses shall comply with all bulk standards of each Zone District conditional upon the following: 1. Prior to recording the Change of Zone Plat: A. The Change of Zone plat shall be amended, as follows: 1) All sheets of the plat shall be labeled PZ-1158. 2) The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat, per Section 27-9-20 of the Weld County Code. 3) The applicant shall request vacation of the sixty (60) foot wide right-of-way, per Book 417, page 122. County Road 126 does not exist in this location and there is no recorded document that has been found which vacates this right-of-way. This referenced right-of-way shall be removed from the plat. 4) The applicant shall request vacation of the thirty (30) foot wide right-of-way, per Book 86, page 273, north of the centerline and west of the northwesterly radius of the centerline for the new alignment of County Road 126. County Road 126 does not exist in this location and there is no recorded document that has been found which vacates this right-of-way. This referenced right-of-way shall be removed from the plat. 5) County Road 126 is designated on the Weld County Road Classification Plan as a Collector Road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 126 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. All rights-of-way and easements shall be dimensioned and referenced by Book and Page, and reception number(s) on the Change of Zone plat. 4003121 Pages: 2 of 19 03/19/2014 11:51 AM R Fee:$0.00 2014-0547 Steve Moreno, Clerk and Recorder, Weld County, CO I'll M1A%KJWInd:t1?kill DO4,rki 11111 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) -RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 3 6) The plat shall delineate the gas drilling envelope locations, per State statute. 7) 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. 8) "Weld County's Right to Farm" statement, as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. B. The applicant shall submit three (3) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. 2. The Change of Zone is conditional upon the following notes being added to the Change of Zone plat prior to recording: A. Change of Zone, PZ#1158, is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, with Business Commercial (C-3) and Industrial (1-3) uses, having nine (9) parcels of 35 acres in size or greater, open space and continuing oil and gas production (Niobrara Energy Park). The Commercial and Industrial uses shall comply with the bulk standards of each Zone District. B. A Commercial-Industrial Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities. Open space restrictions are permanent. C. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times. D. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. These requirements shall apply to all temporary and permanent signs. E. Water service shall be obtained from four(4) individual commercial exempt wells, permit numbers 284364, 284365, 284366, and 284367, to be located on property greater than 35 acres, and permitted for commercial uses. The use of water from these wells is limited to drinking and sanitary facilities for a commercial business, and may not be used for domestic, industrial, landscape irrigation or any other outside purpose. Additional wells may be obtained. F. This PUD is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in 4003121 Pages: 3 of 19/1 /214 2014-0547 StSteve MorOeno,1 Clerk 1.51 and Recorder, Weld County, CO •iiiIPAROWEthillei Miliit'AL III PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 4 accordance with the regulations of the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. G. A Stormwater Discharge Permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than, or equal to, one(1)acre in area. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment, at www.cdphe.state.co.us/wq/permitsunit, for more information. H. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five(5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. J. If land development creates more than a 25-acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. K. Activities such as construction (i.e., auxiliary structures, dirt mounds, etcetera) activities are expressly prohibited in the designated septic system absorption field site. L. Building permits shall be obtained prior to the construction of any structure. M. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval stated herein and all applicable Weld County regulations. N. The site shall maintain compliance, at all times,with the requirements of the Weld County Government and the adopted Weld County Code and Policies. O. No development activity shall commence on the property, nor shall any building permits be issued, until the Final Plan has been approved and recorded. P. Development within the Niobrara Energy Park PUD is subject to additional land use permitting, as delineated in the allowed commercial and industrial 4003121 Pages: 4 of 19 2014-0547 03/19/2014 11:51 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder; Weld County, CO PL2110 1111 Aria 11111 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 5 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 that require a 1031 Permit, as shown on the attached Niobrara Energy Park PUD - Allowed Commercial and Industrial Uses. Q. The Board of County Commissioners finds that separate review of the following items is not necessary under the 1041 Regulations pursuant to Section 21-2-20.D.2 of the Weld County Code. 1) Building new or relocation and expansion of the existing substation to 115 KV or greater inside the PUD; or 2) Utility lines inside the PUD including, but not limited to, gas and electric lines that exceed the minimum requirements to require a 1041; or 3) One natural gas fired power plant up to but not exceeding 200 megawatts. R. The applicant shall comply with Section 27-8-50 of the Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three(3)years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the PUD Final Plan,the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. S. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. T. Final Plan landscaping requirements found in Chapter 27 of the Weld County Code shall be considered in light of: 1) current wells associated with the development cannot be used for irrigation or any outdoor consumption; and 2)the site is better suited to retain the natural and physical landscapes. Any landscaping requirements found in Chapter 27of the Weld County Code that are inconsistent with the foregoing findings shall be waived for this PUD. U. Each Lot may have multiple primary uses as defined by this Change of Zone Plat. 03/19121/2O 9 es: 5 of 19 14 11 511RM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, Co 2014-0547 NM��hM4+a':L'i��I�II Yl 11111 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) -RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 6 V. Uses 13, 14, 16 and 19 typically require a 1041 process. The Board of County Commissioners finds that separate review of these uses is not necessary under the 1041 regulations, pursuant to Section 21-2-20.D.2 of the Weld County Code. W. The non-urban PUD 80-acre open space requirement was waived per resolution of the Weld County Commissioners approving PZ-1158. The Commissioners find, in view of the location and the 35-acre minimum lot size requirement, that this PUD shall not be required to comply with the 80-acre minimum Outlot requirement, pursuant to Section 27-2-210 of the Weld County Code. X. On-site landscape requirements for PUD's have been waived, per Resolution of the Weld County Commissioners approving PZ-1158.The Commissioners find, in view of the location, that this PUD shall not be required to submit a landscaping plan, pursuant to Section 27-6-30.C of the Weld County Code. Y. A Sales Trailer, as defined by Section 23-1-90 of the Weld County Code is allowed within the PUD, so long as the requirements specified therein are met. 3. The Change of Zone plat map shall be submitted to the Weld County Department of Planning Services for recording within sixty (60) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 4. In accordance with Weld County Code Ordinance#2005-7, approved June 1,2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3)month period. 5. At the time of Final Plan application submittal: A. This Change of Zone application shall be considered to be a "Specific Development Guide" for the purposes of Sections 27-6-20.6.2. and Section 27-7-40.B.2 of the Weld County Code, but because certain materials required in the Specific Development Guide were not appropriate at the time the Change of Zone application was filed, the applicant shall, at the time of submission of an application for final plan, supply the remaining submittal requirements, including, at a minimum, the materials required by Sections 27-6-30 through 27-6-110 of the Weld County Code ("Additional Materials"). Upon submission of the said Additional Materials,the application 4003121 Pages: 6 of 19 2014-0547 03/19/2014 11:51 AM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO PL2110 Li, BI II I APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158)- RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 7 will be reviewed under the Specific Guide Criteria as specified in Sections 27-6-20 and 27-7-40.B.2 of the Weld County Code. Accordingly, if the Department of Planning Services determines that the final plan submittal is consistent with the previous sketch plan and change of zone submittals, the Department of Planning Services shall send out referrals pursuant to Section 27-7-40.B.2.a and further, if the applicant has demonstrated compliance with Section 27-7-40.C.1 through C.8, the Director of Planning Services may approve or conditionally approve the final plan application, without a public hearing. 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.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. D. 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. E. 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. F. The applicant shall submit, to the Weld County Department of Planning Services, a copy of an agreement with the property's utility owners and lessees stipulating that the existing gas and electric utility easements and/or activities have adequately been incorporated into the design of the site. G. The Weld County Building Technician will provide addresses at the time of Final Plat. The subdivision street name and lot addresses shall be submitted to the Nunn Fire Protection District, the Weld County Sheriffs Office, Weld County Paramedic Service, and the Post Office for review. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. H. At such time as the realigned County Road 126 is accepted and open for traffic, the applicant shall provide the Weld County Departments of Public Works and Planning Services with a request to vacate a portion of the existing County Road 126, as described in Book 417, Page 122, for review and approval by the Board of County Commissioners. 4003121 Pages: 7 of 19 03/19/2014 11:51 AM R Fee:$0.00 2014-0547 Steve Moreno, Clerk and Recorder, Weld County, CO ■IIIMIPARi dllltr Mh'W#Mti+ IIVIEY.117 I,4'1k 11111 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 8 The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. J. 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. K. 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 Board of County Commissioners finds that separate review of the following items is not necessary under the 1041 Regulations pursuant to Section 21-2-20.D.2 of the Weld County Code. 1) Building new or relocation and expansion of the existing substation to 115 KV or greater inside the PUD; or 2) Utility lines inside the PUD including, but not limited to, gas and electric lines that exceed the minimum requirements to require a 1041; or 3) One natural gas fired power plant up to but not exceeding 200 megawatts. B. 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 the Weld County Code. C. The applicant shall provide the Weld County Department of Public Works with stamped, signed, and dated final plat drawings and roadway/construction and grading plan drawings for review. Construction details must be included. 4003121 Pages: 8 of 19 03/19/2014 11:51 PM R Fee:$0.00 54 14-07 Steve Moreno. Clerk and Recorder, Weld County, CO 2014-0547 pL11 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 9 D. The applicant shall submit the road layout, including the road name nomenclature, for review by all referral agencies and for preliminary addressing of the subdivision lots by Filing or Phase. E. The applicant shall submit a Final Phasing Plan for all Filings and Phases of this development. 7. Prior to recording any Final Plat(s): A. Original copies of the approved covenants, along with the appropriate recording fee (currently $6.00 for the first page and $5.00 for subsequent pages), shall be submitted to the Weld County Department of Planning • Services. B. A Statement shall be placed on the final plat that acknowledges that an improvements agreement and collateral will be required when any off-site or on-site improvements are proposed by the Applicant or any future owner of the property in connection with any plat after the first final plat and that any improvements agreement will be required to be submitted to, and reviewed by, the Weld County Departments of Planning Services and Public Works, and accepted by the Board of County Commissioners. C. The Final Plan plat map shall be submitted to the Weld County Department of Planning Services for recording within three (3) years of the date of Administrative approval. With the Final Plan plat map, the applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation);acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. D. The Statement of Acknowledgement placed on the final plat that is required by Paragraph 7.6 above, shall also acknowledge that the improvements agreement will be required to comply with Weld County's Policy Regarding Collateral for Improvements. E. The Commissioners find, in view of the location and the 35 acre minimum lot size requirement, that this PUD shall not be required to comply with the 80 acre agricultural outlot requirement(Weld County Code, Section 27-2-210). 8. At the time of Site Plan Review: A. Stop signs and street name signs will be required at all intersections and shown on the final roadway construction plans. 400312 4 1Steve Moreno, 51 A Pages: Rc of 00d County: CO 03/19/2014 11:51 an 2014-0547 1III!!!�1R: lLi��ly,t+ l�'!aiirnif F'hil4 ,A�,� 11111 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) -RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 10 B. 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 the Weld County Code. The historic stormwater drainage patterns and runoff amounts will be maintained. The developer will be required to submit a detailed Site-wide Master Drainage Plan and engineering study, prepared by a Colorado licensed engineer that shows both the undeveloped and developed drainage patterns. The drainage study shall track the route of off-site stormwater discharges to a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developer will be required to mitigate any downstream impacts caused by said development. C. At the time of submittal of the first Final Plat application, the applicant shall also submit a Final Drainage Report for the platted area. The report must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado. The First Final Plat Drainage Report must address the requirements listed in Section 8-11-120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the engineer in the completion of the Master and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm development. both entering and leaving p and 100-year storm flows the 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. D. Final grading, drainage construction, erosion and sediment control plans, and water quality control plans (conforming to the Master Drainage Report) for the platted area must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado, and shall be submitted for review and approval at the time of First Final Plat. E. 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. F. 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. G. The applicant shall submit written evidence from the Nunn Fire Protection District, stipulating that there is adequate fire flow for all areas within this 4003121 Pages: 10 of 19 03/19/2014 11:51 AM R Fee:$0.00 2014-0547 Steve Moreno, Clerk and Recorder,' Weld County, Co PL2110 ■IIIR .rl1�L'��ti?I'i�r�INF: �t,+4�I ?rr�IJY %14�4TSi ■IIII APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158)- RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 11 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. H. A detailed Traffic Study following the Traffic Study checklist will be required at the time of the Final Plat application. Roadway improvements including, but not limited to, auxiliary lanes, widened radii and consolidation of accesses may be required. The applicant shall fully fund the roadway improvements triggered by this development. County Road 126 is classified as a collector roadway. The applicant should utilize the two (2) existing accesses to this parcel;due to sight distance and other public safety issues, additional accesses will not be granted. National Pollutant Discharge Elimination System (NPDES) requirements will dictate that the applicant obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment. A copy of this permit and a Best Management Practices Erosion Control Plan will be required by the Weld County Department of Public Works as part of the Final Plan submittal. No site grading will be permitted until these documents have been submitted and reviewed. J. 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. K. 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. L. The applicant shall provide the Weld County Department of Planning Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld County Code. M. 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. N. The applicant shall contact the Vegetation Weed Management Specialist at the Weld County Department of Public Works to develop a weed management plan. The approved plan shall be included in the Final Plan application. 4003121 Pages: 11 of 19 03/19/2014 11:51 AM R Fee:$0.00 2014-0547 Steve Moreno, Clerk and Recorder, Weld County, CO VIIIMlr,ltnI6i,t1ai1dd,Likl:wW:H1YL', 1141y Bill PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 12 O. The Colorado Department of Transportation (CDOT) may require improvements to U.S. Highway 85, as it relates to impacts associated with development, and the applicant acknowledges that these impacts have been deferred to final plat and site plan. Prior to recording any final plat or site plan, these issues will be addressed. P. The applicant shall provide the Weld County Department of Public Works with stamped, signed, and dated final plat drawings and roadway/construction and drainage/grading plan drawings for review. Construction details must be included. Q. At the time of submittal of a subsequent Final Plat application, the applicant shall submit a Final Drainage Report for the new platted area. The report must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado. The Revised Final Plat Drainage Report must address the requirements listed in Section 8-11-120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the Engineer in the completion of the Master and all subsequent Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100-year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition, while releasing at the 5-year pre development rate, is required to protect downstream properties. The drainage design for the subsequent Final Plat(s), and parcels under review shall demonstrate how the proposed development will integrate with the Master Drainage Plan for the site. The drainage design shall prevent erosive conditions in the natural drainageways. R. Final grading, drainage construction, erosion and sediment control plans, and water quality control plans (conforming to the Drainage Report) for the new platted area stamped, signed, and dated by a professional engineer licensed in the State of Colorado shall be submitted for review and approval. S. The applicant shall submit a site specific Final Geotechnical Engineering Report for the parcel of land under review within the Niobrara Energy Park PUD. T. 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. U. Section 27-5-70.6.6 requires a traffic impact analysis prepared by a registered professional engineer competent in traffic engineering which shall be provided by the developer. This report shall address the impacts of the development of this subsequent Final Plat on the internal and external road networks. 4003121 Pages: 12 of 19 03/19/2014 11:51 AM R Fee:$0.00 7 Steve Moreno, Clerk and Recorded, Weld County, CO 2014-0PL054547 VIII N!r1l�L Me,iit+hlat!NI Iri LFITO IFY�Pt ITN Id BI II I APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 13 V. Section 27-5-70.B.11 requires adjacent roadways shall be designed to meet the full typical section specified by the Weld County Department of Public Works and Chapter 24 of this Code. Required improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example, as well as the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the Weld County road system as determined by a professional transportation study. W. The applicant shall submit collateral for all improvements associated with the development of a commercial or industrial parcel, prior to recording the Site Plan Review (SPR) or plat associated with a permit issued pursuant to Chapter 21 of the Weld County Code on each lot within the site. 9. At the time of site Plan Review application or any Plat subsequent to the First Final Plat, whichever comes first: A. The applicant shall provide the Weld County Department of Planning Services with three(3) copies of the Bylaws and Articles of Incorporation for the Commercial-Industrial Owner's Association; including three(3)copies of the Restrictive Covenants for Niobrara Energy Park PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated. B. The applicant shall submit development Covenants for Niobrara Energy Park PUD. The Covenants shall state, "Activities such as construction activities (i.e., auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site." The Covenants shall also address signage requirements and refer to the Weld County Code. C. 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. D. The applicant shall submit Certificates from the Secretary of State showing the Commercial-Industrial Owner's Association has been formed and registered with the State of Colorado. 10. 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). 400 pages: 13 of 19 9/2°14 11:51k Plalind 21 oFoerc .$,%elid county co YY11 ■ Mare o CIeriv vita nI Ilt r■II 4Y41 all .III II 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 14 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: r`` � ', C� CO7 o--3 cos: wyi +�1/ . pi ougla Rademacher, Chair Weld County Clerk to the Board EXCUSED Barbara Kirkmeyer, Pro-Tern BY: ty Clerk tothe Board - Sean P. Conway APPR7ED AS- M: Mike Nom. Lna Freeman Co ty Attorney iam F. Garcia Date of signature: 3 O-p5' •b e / lI` , \ ` Yow i# \� ,• .' 4003121 Pages: 14 of 19 03/19/2014 11:51 All R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO 2014-0547 VIII Mi��NlIIfti�jlfa:tiF7 1/1hY� NJLYJ�.ILi�r�i'Y�h �I III PL2110 NIOBRARA ENERGY PARK PUD -ALLOWED COMMERCIAL AND INDUSTRIAL USES SPR—Site Plan Review Allowed Land Use Pro- Definition of Allowed Land Use (or similar uses) cess 1 PHOTOVOLTAIC ENERGY AND/OR SPR A system which uses solar cells to convert light into electricity. A photovoltaic SOLAR ENERGY"FARM" system consists of multiple components,including cells,mechanical and electrical connections and mountings and means of regulating and/or modifying the 50 MW,OR LESS electrical output. 2 RESEARCH LABORATORIES SPR A facility for scientific research in technology-Intensive fields. Examples include, but are not limited to, energy, oil, petroleum, biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coating fibers, films, heat transfer and radiation research facilities. 3 SMART GRID FACILITY SPR A facility that controls and monitors an electricity network utilizing digital technology. A smart grid delivers electricity from suppliers to consumers using two-way digital communications to control devices such as appliances at consumers' homes;this saves energy, reduces costs, and increases reliability and transparency. It overlays the ordinary electrical grid with an information and net metering system,that includes smart meters. 4 ALTERNATIVE ENERGY CREATION produces SPR A facility which or distributes a form of energy in which the energy FACILITY produced refers to any source of usable energy intended to replace fuel sources without the undesired consequences of the replaced fuels. 50 MW,OR LESS 5 ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy MANUFACTURING FACILITY produced refers to any source of usable energy intended to replace fuel sources without the undesired consequences of the replaced fuels. 50 MW,OR LESS 6 ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy DISTRIBUTION FACILITY produced refers to any source of usable energy Intended to replace fuel sources without the undesired consequences of the replaced fuels. 50 MW,OR LESS 7 GEOTHERMAL PRODUCTION SPR A facility which produces electricity generated from geothermal energy. 50 MW,OR LESS 8 WIND GENERATORS/TURBINES SPR WIND GENERATOR: A generator specifically designed to convert the kinetic AND HYBRID WIND USE energy in wind into electric energy. A wind generator may include a generator, tower and associated control, or conversion electronics. The height of a wind 50 MW,OR LESS tower is measured to the tip of the blade. WIND TURBINE: A machine,or machines,that convert the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill"). The wind energy conversion system includes all parts of the system except for the tower and transmission equipment,excluding turbines for private use. 9 ENERGY STORAGE SPR A facility in which a method and specific technique for storing energy derived TECHNOLOGIES: INCLUDING BUT from some primary source in a form convenient for use at a later time when a NOT LIMITED TO:BATTERIES, specific energy demand is to be met, often in a different location. These types FLYWHEEL(FES),CHEMICAL may include, but are not limited to: battery,flywheel (FES),chemical conversion CONVERSION,AND MAGNETIC and magnetic storage. 10 FUEL CELL DEVELOPMENT SPR A facility for the research and development of an electric cell in which the chemical energy from the oxidation of a gas fuel is converted directly to electrical energy in a continuous process. 4003121 Pages: 15 of 19 l�n•IIII�t�f�1}I,ItNftT,11■ll' ��ttttttfff��lll II'lII 03/19/2014 11:51 All R Fee:$0.00 37 362 08/30/2011 03:39P Weld County, CO Steve Moreno, Clerk and Recorder Weltl County, CO 22 of 26 80.00 0 0.00 Steve Moreno Clerk& Recorder IIIINI�1t��lt„ ! �� IiNI1'.��I�Nr��'i=�1'� �1111 1 11 COMPRESSED AIR STORAGE SPR A facility that stores energy generated at one time for use at another time. At utility scale, energy generated during periods of low energy demand (off-peak) can be released to meet higher demand (peak load) periods. There are three types of storage:(1)Adiabatic storage retains the heat produced by compression and returns it to the air when the air is expanded to generate power; (2)Diabatic storage dissipates the extra heat with intercoolers (thus approaching Isothermal compression)into the atmosphere as waste;and(3)Isothermal compression and expansion approaches attempt to maintain operating temperature by constant heat exchange to the environment. 12 ELECTRIC SUBSTATION SPR See Major Facility of Public Utility,g21 on this Table. 115 lw,OR LESS 13 ELECTRIC SUBSTATION SPR See Major Facility of Public Utility,#21 on this Table. 115 kv,OR GREATER 14 REPLACEMENT ELECTRIC SPR Replacement,relocation,and expansion of the PVREA Rockport Substation. SUBSTATION 115 kv,OR GREATER 15 IN-PARK ELECTRIC SPR Electric utilities serving uses within this PUD. 115 kv,OR LESS SPR Electric utilities serving IN-PARK ELECTRIC uses within this PUD. 115 kv,OR GREATER 17 IN-PARK FIBER,GAS AND OTHER SPR Gas,fiber optics,and other utilities serving uses within this PUD. UTILITIES 115 kv,OR LESS 18 NATURAL GAS-FIRED POWER SPR Natural gas turbine and/or reciprocating engine plant. PLANT 50 MW,OR LESS 19 NATURAL GAS-FIRED POWER SPR Natural gas turbine and/or reciprocating engine plant. PLANT maw 200 MW,OR LESS nom 20 CO-GENERATION ELECTRIC SPR Also known as combined heat and power(cogeneration)or CHP,and total energy, PLANT is a very efficient,clean,and reliable approach to generating power and thermal energy from a single fuel source such as natural gas or bio-methane. S 50 MW,OR LESS Cogeneration plants recover the "waste heat" that is otherwise discarded from conventional power generation to produce thermal energy. This energy is used to provide cooling or heating for Industrial facilities, district energy systems, and commercial buildings. Through "waste heat recovery," cogeneration power plants achieve typical effective electric efficiencies of 70% to 90% —a dramatic improvement over the average 33%efficiency of conventional fossil-fueled power �m plants. 21 UTILITY SERVICE FACILITIES, SPR Major Facility of Public Utility — Public Utilities or Public Agencies operating or Nom mim MAJOR FACILITIES OF PUBLIC constructing a mine, electric transmission lines, commercial radio transmissionmom UTILITIES SUCH AS OIL,GAS, towers, cellular and other wireless communication towers, domestic water SOLAR,WIND OR ELECTRIC storage facilities, power plants,substations of electrical utilities,storage areas of GENERATION utilities providing electricity, and natural gas or other petroleum derivatives, swim including extensions, expansions,or enlargements thereof; PIPEUNES of utilities 50 MW,OR LESS providing natural gas or other petroleum derivatives, including extensions, expansions, or enlargements thereof; road, park or other public way, ground or mom space, public building or structure, or public utility,whether publicly or privately owned. 22 DATA CENTERS SPR A facility used to house computer systems and associated components, such as telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls and security devices 4003121 Pages: 16 of 19 03/19/2014 11:51 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO ■III M��.r1��,tifIth:L%L!' c h;'��ti+ir�� fE�)�R 'Ylti� ■I III 2 23 CLOUD COMPUTING CENTERS SPR Using facilities of a third party provider on the Internet (the "cloud")to store, deploy and run applications. Cloud computing takes two forms. It may refer to "utility" computing in which only the hardware and software Infrastructure (operating system,databases,etc.)are offered,or it may refer to"software as a service" (SaaS), which includes the business applications as well. Regardless whether the cloud is infrastructure only or Includes applications, major features are self service,scalability,and speed. 24 TELECOM HOTEL/NETWORK SPR Also known as a colocation centre or carrier hotel which is a type of data centre STATION where multiple customers locate network, server and storage gear and interconnect to a variety of telecommunications and other network service provider(s)with a minimum of cost and complexity. 25 COMMERCIAL RESEARCH SPR A school established to provide on-site training of business,trade, commercial, SCHOOLS industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not typically offer a complete educational curriculum. This classification excludes establishments that provide training in an activity that is not otherwise generally permitted in the zone district. Incidental instructional services in conjunction with another primary use shall not be considered a Commercial School. 26 PUBLIC SCHOOL EXTENSION SPR A school that typically outsources training and other technical courses to CLASSES industries where the student is given the opportunity to gain hands-on training. 27 POLICE AND FIRE STATIONS SPR Facilities for law enforcement and emergency responders. 28 GAS GATHERING AND SPR The gathering of raw natural gas from individual wells or central delivery points, PROCESSING FACILITY which may have multiple wells behind them. Connecting wells and central delivery points to gathering lines through which the raw natural gas flows to a processing plant, treating facility or directly to interstate or intrastate gas transportation pipelines. The processing plants remove any impurities in the raw natural gas stream and extract the NGLs. 29 GAS COMPRESSOR STATION SPR A facility which helps the transportation process of natural gas from one location to another. Natural gas,while being transported through a gas pipeline,needs to be constantly pressurized in certain distance Intervals. The gas in compressor stations is normally pressurized by special turbines,motors and engines. 30 OIL AND GAS POST PRODUCTION SPR See Oil and Gas Support and Service FACILITIES mim 31 OIL OPERATION EQUIPMENT SPR OIL AND GAS SUPPORT AND SERVICE -- Location and operation bases for STORAGE businesses whose primary activity includes the following kinds of uses: a. Parking and maintenance of exploration,production,or workover equipment. _,-___— NE b. Equipment and storage yards for road and pipeline construction contractors, Nom and production unit set-up and maintenance contractors. s 4i c. Parking and maintenance for tank and water service companies. y d. Storage and rental yards for pipe and production equipment. m e. Field offices used by production-related records and maintenance personnel. e_ii_ f. Disposal and recycling sites for production waste. a<0u g. Oil and gas processing facilities and related equipment, including, but not ,°, limited to,compressors associated with gas processing or which compress gas ,.,-L3 z;= to enter a pipeline for transport to market. s - . _a r 03�r o Q;.g t 32 OIL AND GAS STORAGE SPR One(1)or more tanks which receive and store oil or gas from sources other than ii— y i_■ ■ direct from the oil and gas well. mom LL Ofi FACILITIES e.ce g so �so -- .#;r12 33 OIL TANK FARM COLLECTION SPR See Oil and Gas Storage Facilities,#32 on this table. _ W a m V AND TERMINAL FACILITY ai OM o-Invt III .^"I 34 WATER RECYCLE FACILITY SPR Facility that recycles production water. so boa N N`o ti 35 WATER INJECTION FACILITY SPR Production water disposed through either secondary recovery or deep well ,...--...E_ disposal methods. romv= srhw C Sit,- 3 36 STORAGE OF FRESH WATER FOR SPR See Oil and Gas Support and Service. HYDRAULIC DRILLING AND FRACING OPERATIONS 37 STORAGE OF SAND AND SPR See Oil and Gas Support and Service. CHEMICALS USED IN THE FRACING STIMULATION PROCESS 38 SALVAGE YARD(BONE YARD—IN SPR See Oil and Gas Support and Service. CONNECTION WITH ENERGY PRODUCTS) 39 CARGO CONTAINERS SPR A receptacle with all of the following characteristics: a. Of a permanent character and accordingly strong enough to be suitable for repeated use,constructed of metal and being airtight and water-resistant. b. Specially designed to facilitate the carriage of goods, by one (1) or more modes of transport,one(1)of which shall be by vessels,without intermediate reloading. c. Fitted with devices permitting its ready handling,particularly its transfer from one(1)mode of transport to another. d. So designed to be easy to fill and empty. e. Having a cubic displacement of one thousand(1,000)cubic feet or more. f. A railroad car of any type shall not be considered a cargo container. 40 HEAVY MANUFACTURING, SPR The manufacture of compounding process or raw materials. These activities or PROCESSING processes would necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process. 41 ANY USE OF A RESEARCH, SPR PROCESSING: An activity associated with the transformation of materials or REPAIRING,MANUFACTURING, substances into new products,which may include blending of gases and liquids. FABRICATING,PROCESSING, ASSEMBLING OR STORAGE STORAGE AREA: Any facility, including appurtenant facilities, designed to store NATURE fifty million (50,000,000)cubic feet or more of natural gas or similar petroleum derivatives, or one hundred thousand (100,000) barrels or more of liquid petroleum derivatives. 42 MICROWAVE,COMMERCIAL SPR See Major Facility of Public Utility,#21 on this Table. RADIO,TELEVISION OR COMMUNICATIONS TRANSMISSIION OR RELAY TOWERS 43 ACCESSORY USES Including,but not limited to: a. Offices for use by operators of primary uses on site; b. Retail sales when accessory to uses on site; outdoor storage,when screened from adjacent property and public rights-of-way; C. Loading areas or structures; d. Parking areas or structures; e. Mobile homes for caretakers or security personnel; f. Recreational facilities for the use of employees on site; g. Areas for parking vehicles or equipment; h. Helipads when they are accessory to the primary uses on site; i. Maintenance facilities when accessory to uses on site. I 108/30/2 11 03:39P Weld County, CO 25 of 26 R 0.00 D 0.00 Sieve Moreno Clerk 8 Reco er 70� 4003121 Pages: 18 of 19 03/19/2014 11:51 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IIIMJrjrr.7FM' I�ftil�fr Pl�ltihLi�'r�1�3lti�vlt4tYLllh 11111 UBR—Use By Right (No Review Required) Allowed Land Use Pro- Definition of Allowed Land Use (or similar uses) cess 44 OIL AND GAS PRODUCTION UBR Consist of the oil or gas well, pumps, heater treaters, separators, meters, FACILITIES compressors, tank battery and other equipment directly associated with the producing well,all of which must be connected and functional. 45 AGRICULTURAL USES UBR Livestock Grazing 1041 Allowed Land Use Pro- Definition of Allowed Land Use (or similar uses) cess 46 ALTERNATIVE ENERGY CREATION 1041 A facility which produces or distributes a form of energy in which the energy FACILITY produced refers to any source of usable energy intended to replace fuel sources without the undesired consequences of the replaced fuels. 50 MW,OR GREATER 47 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy in which the energy MANUFACTURING FACILITY produced refers to any source of usable energy intended to replace fuel sources without the undesired consequences of the replaced fuels. 50 MW,OR GREATER 48 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy In which the energy DISTTRIBUTION FACILITY produced refers to any source of usable energy intended to replace fuel sources without the undesired consequences of the replaced fuels. 50 MW,OR GREATER 49 GEOTHERMAL PRODUCTION 1041 A facility which produces electricity generated from geothermal energy. 50 MW,OR GREATER 50 UTILITY SERVICE FACILITIES, 1041 See Major Facility of a Public Utility,#21 in this Table. MAJOR FACILITIES OF PUBLIC UTILITIES SUCH AS OIL,SOLAR, WIND OR ELECTRIC GENERATION 50 MW,OR GREATER 51 NATURAL GAS-FIRED POWER 1041 Natural gas turbine power plant and/or reciprocating engine plant. PLANT GREATER THAN 200 MW 52 CO-GENERATION ELECTRIC 1O41 Also known as combined heat and power (cogeneration), or CHP, and total PLANT energy, is a very efficient, clean, and reliable approach to generating power and thermal energy from a single fuel source such as natural gas or blo-methane. 50 MW,OR GREATER Cogeneration plants recover the "waste heat" that is otherwise discarded from conventional power generation to produce thermal energy. This energy is used to provide cooling or heating for industrial facilities,district energy systems,and commercial buildings. Through "waste heat recovery," cogeneration power plants achieve typical effective electric efficiencies of 70%to 90%—a dramatic improvement over the average 33%efficiency of conventional fossil-fueled power plants. 3769362 08/30/2011 03:39P Weld County, CO 26 0l 26 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 4003121 Pages: 19 of 19 03/19/2014 11:51 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII M!f11t'��?f1�tl�ilti h+?r�4+� k'\1AM:441AlhYit1'li 11111 5 Jauf iReobzart,;„, Q/l,K Q Y uo Lin/O RESOLUTION RE: APPROVE REQUEST CONCERNING REVISIONS TO VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE, PZ-1158, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH C-3 (BUSINESS COMMERCIAL) AND I-3 (INDUSTRIAL) USES, FOR NINE (9) PARCELS OF 35 ACRES IN SIZE OR GREATER, OPEN SPACE, AND CONTINUING OIL AND GAS PRODUCTION - RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 16, 2011 , the Board approved the application of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC, c/o Craig Harrison , 2725 Rocky Mountain Avenue, Suite 400, Loveland , Colorado 80538, requesting Change of Zone, PZ #1158, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District with C-3 (Business Commercial) and 1-3 (Industrial) uses, having nine (9) parcels of 35 acres in size or greater, open space, and continuing oil and gas production — Niobrara Energy Park, for a parcel of land located on the following described real estate, to-wit: All of Section 19, Township 11 North , Range 66 West of the 6th P. M . , Weld County, Colorado, and WHEREAS, a Corrected Resolution was recorded in the Clerk and Recorder's Office on August 17, 2011 , at Reception No. 3786555, and then was subsequently re-recorded on August 30, 2011 , at Reception No. 3789362 , to reflect the correct version of the attachment labeled "Niobrarra Energy Park PUC - Allowed Industrial and Commercial Uses" as authorized by the Commissioners on August 16, 2011 , and WHEREAS, the Board has been presented with a request from the applicant to amend and reorganize various Conditions of Approval to allow them to proceed with the final plat, with many of the conditions to be completed at the time of Site Plan Review, because at this time the applicant does not know the intended uses of the lots, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request and , having been fully informed , finds that the request to amend and reorganize various Conditions of Approval, as described in Staffs Memorandum , dated February 20, 2014, be approved . NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC, c/o Craig Harrison , to amend and reorganize various Conditions of Approval for Change of Zone, PZ- 1158, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, with Business Commercial (C-3) and Industrial (1-3) uses, having nine (9) parcels of 35 acres in size or greater, open space and continuing oil and gas production (Niobrara Energy Park PUD) , on the parcel of land described above be, and hereby is, approved , and the Commercial and Industrial uses shall comply with all bulk standards of each Zone District conditional upon the following : 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES, LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE2 1 . Prior to recording the Change of Zone Plat: A. The Change of Zone plat shall be amended , as follows: 1 ) All sheets of the plat shall be labeled PZ- 1158 . 2) The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat, per Section 27-9-20 of the Weld County Code. 3) The applicant shall request vacation of the sixty (60) foot wide right-of-way, per Book 417, page 122. County Road 126 does not exist in this location and there is no recorded document that has been found which vacates this right-of-way. This referenced right-of-way shall be removed from the plat. 4) The applicant shall request vacation of the thirty (30) foot wide right-of-way, per Book 86, page 273, north of the centerline and west of the northwesterly radius of the centerline for the new alignment of County Road 126. County Road 126 does not exist in this location and there is no recorded document that has been found which vacates this right-of-way. This referenced right-of-way shall be removed from the plat. 5) County Road 126 is designated on the Weld County Road Classification Plan as a Collector Road , which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 126 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified , it shall be dedicated . This road is maintained by Weld County. All rights-of-way and easements shall be dimensioned and referenced by Book and Page, and reception number(s) on the Change of Zone plat. 6) The plat shall delineate the gas drilling envelope locations, per State statute. 7) The 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. 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES . LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 3 8) "Weld County's Right to Farm" statement, as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. B . The applicant shall submit three (3) paper copies of the plat, for preliminary approval . to the Weld County Department of Planning Services. 2. The Change of Zone is conditional upon the following notes being added to the Change of Zone plat prior to recording : A. Change of Zone, PZ #1158, is from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, with Business Commercial (C-3) and Industrial (1-3) uses, having nine (9) parcels of 35 acres in size or greater, open space and continuing oil and gas production (Niobrara Energy Park) . The Commercial and Industrial uses shall comply with the bulk standards of each Zone District. B . A Commercial-Industrial Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space. streets, private utilities, and other facilities. Open space restrictions are permanent. C . Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times. D. Signs shall adhere to Chapter 23, Article IV, Division 2 , of the Weld County Code. These requirements shall apply to all temporary and permanent signs. E. Water service shall be obtained from four (4) individual commercial exempt wells, permit numbers 284364, 284365, 284366, and 284367, to be located on property greater than 35 acres, and permitted for commercial uses. The use of water from these wells is limited to drinking and sanitary facilities for a commercial business, and may not be used for domestic, industrial , landscape irrigation or any other outside purpose. Additional wells may be obtained . F. This PUD is in rural Weld County and is not served by a municipal sanitary sewer system . Sewage disposal shall be by septic systems designed in accordance with the regulations of the Weld County Code in effect at the time of construction . repair, replacement, or modification of the system . 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES, LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 4 G . A Stormwater Discharge Permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than , or equal to. one ( 1 ) acre in area. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment, at www. cdphe. state.co. us/wq/permitsunit, for more information . H . During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created . If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted . I . In accordance with the Regulations of the Colorado Air Quality Control Commission , any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. J . If land development creates more than a 25-acre contiguous disturbance, or exceeds six (6) months in duration , the responsible party shall prepare a Fugitive Dust Control Plan , submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. K . Activities such as construction (i.e. , auxiliary structures, dirt mounds, etcetera) activities are expressly prohibited in the designated septic system absorption field site. L. Building permits shall be obtained prior to the construction of any structure. M. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval stated herein and all applicable Weld County regulations. N . The site shall maintain compliance, at all times, with the requirements of the Weld County Government and the adopted Weld County Code and Policies. O. No development activity shall commence on the property, nor shall any building permits be issued , until the Final Plan has been approved and recorded . 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 5 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 that require a 1031 Permit, as shown on the attached Niobrara Energy Park PUD - Allowed Commercial and Industrial Uses. Q . The Board of County Commissioners finds that separate review of the following items is not necessary under the 1041 Regulations pursuant to Section 21 -2-20. D. 2 of the Weld County Code. 1 ) Building new or relocation and expansion of the existing substation to 115 KV or greater inside the PUD; or 2) Utility lines inside the PUD including , but not limited to. gas and electric lines that exceed the minimum requirements to require a 1041 ; or 3) One natural gas fired power plant up to but not exceeding 200 megawatts. R. The applicant shall comply with Section 27-8-50 of the Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan . The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned . If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed , or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing , revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. S. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. T. Final Plan landscaping requirements found in Chapter 27 of the Weld County Code shall be considered in light of: 1 ) current wells associated with the development cannot be used for irrigation or any outdoor consumption ; and 2) the site is better suited to retain the natural and physical landscapes. Any landscaping requirements found in Chapter 27of the Weld County Code that are inconsistent with the foregoing findings shall be waived for this PUD. 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES, LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 6 U . Each Lot may have multiple primary uses as defined by this Change of Zone Plat. V. Uses 13, 14, 16 and 19 typically require a 1041 process. The Board of County Commissioners finds that separate review of these uses is not necessary under the 1041 regulations, pursuant to Section 21 -2-20. D . 2 of the Weld County Code. W. The non-urban PUD 80-acre open space requirement was waived per resolution of the Weld County Commissioners approving PZ- 1158. The Commissioners find , in view of the location and the 35-acre minimum lot size requirement, that this PUD shall not be required to comply with the 80-acre minimum Outlot requirement, pursuant to Section 27-2-210 of the Weld County Code. X. On-site landscape requirements for PUD's have been waived , per Resolution of the Weld County Commissioners approving PZ- 1158. The Commissioners find , in view of the location , that this PUD shall not be required to submit a landscaping plan , pursuant to Section 27-6-30.C of the Weld County Code. Y. A Sales Trailer, as defined by Section 23- 1 -90 of the Weld County Code is allowed within the PUD, so long as the requirements specified therein are met. 3. The Change of Zone plat map shall be submitted to the Weld County Department of Planning Services for recording within sixty (60) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application . Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation) ; acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps@co.weld . co. us. 4. In accordance with Weld County Code Ordinance #2005-7, approved June 1 , 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution , a $50. 00 recording continuance charge shall added for each additional three (3)month period . 5. At the time of Final Plan application submittal : A. This Change of Zone application shall be considered to be a "Specific Development Guide" for the purposes of Sections 27-6-20. B. 2 . and Section 27-7-40 . B.2 of the Weld County Code, but because certain materials required in the Specific Development Guide were not appropriate at the time the Change of Zone application was filed , the applicant shall , at the time of submission of an application for final plan . supply the remaining submittal requirements. including . at a minimum , the materials required by 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK. LLC PAGE 7 Sections 27-6-30 through 27-6- 110 of the Weld County Code ("Additional Materials") . Upon submission of the said Additional Materials, the application will be reviewed under the Specific Guide Criteria as specified in Sections 27-6-20 and 27-7-40. B. 2 of the Weld County Code. Accordingly, if the Department of Planning Services determines that the final plan submittal is consistent with the previous sketch plan and change of zone submittals, the Department of Planning Services shall send out referrals pursuant to Section 27-7-40. B. 2 . a and further, if the applicant has demonstrated compliance with Section 27-7-40. C . 1 through C .8, the Director of Planning Services may approve or conditionally approve the final plan application , without a public hearing . 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. G: . . width and structural capacity of tie street, anc iighway faci ities wnich provide-a providing access to the PUD Zone District are not adequate to meet the , street or highway facilities in conformance with Sections 22 3 60 DC . 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. ED. 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 Commercial-Industrial Owner's Association; including three (3) copies of the Restrictive Covenants for Niobrara Energy Park PUD for review by the Weld County Attorney's Office. Any changes requested by Attorney's Office shall be incorporated . MOVED TO #6.C; then to #9.A G. The applicant shalt-submit development Covenants for Niobrara Energy Park PUD. The Covenants shall state, " ctivities such as construction activities (i .e. , auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site." The Covenants shall also address 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 8 signa9e requirements and refer to the Weld County Code. MOVED TO #6.D; then to #9.3 H. Works with stamped , signed, and dated final plat drawings and roadway/construction and grading plan drawings for review. Construction details must be included . MOVED TO #6.6 The applicant shall submit the road layout, including the road name addressing of the subdivi J. all intersections and • K .Section 27 5 70. B. 7 requires all development within a PUD Zone District • al criteria regulations in Secti ater drainag engineering study, prepared by a Colorado licensed engineer that shows course such as a creek Of river. Off site discharge shall not damage downstream property, roads or bridges. The developer will be required to L At the time of also submit a Final stamped , signed , and dated by a professional engineer licensed in the State requirements listed in Section 8 11 120 of the Weld County Code. A Drainag and Final and 100 year storm flows both entering and leaving the development. the 5 year pre development rate is required to protect downstream properties. The drainage design shall-prevent erosive conditions in the natural drainageways. MOVED TO #8.C M: Final grading, drainage co , and w engineer licensed in the State of Colorado, and shall be submitted for review and approval at the time of First Final Plat. MOVED TO #8. D 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES, LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 9 • • stions of the International a Building Code (IBC). The r groundwater and boring d GE . 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 MOVED TO #6.G; then to-#.G0 Q. The applicant shall submit a Final this-development. MOVED TO #6.H R. As--Butt s u rve of all storm drain pipes, headwalls, inlets, swales, detention pond outlet S. The applicant District, stip --within this to means to address emergency-fife related events. Further, the evidence shall inclu Fire Marshall for the Nunn Fire Protection District. T . The applicant shall submit, to the Weld County Department of Planning Services, a copy of an agreement with the property's utility owners and lessees stipulating that the existing gas and electric utility easements and/or activities have adequately been incorporated into the design of the site. U . but not limited to, auxiliary lanes, widened radii and consolidation of improvements triggered by this development. County Road 126 is cla.zified as a collector roadway. Th • ize the two (2) existing accesses to this parcel ; due to sight distance and otherpublic safety issues, 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 2014-0547 PL2110 1 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 10 to the Nunn Fire Protection District. the Weld County Sheriffs Office, Weld County Paramedic Service, and the Post Office for review. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. em-(NPDES) requirements will permit and a Best Management Practices Erosion Control Plan will be • - n su • mitt- • an . r- • vices- . . • cepted erosion control • against erosion. MOVED TO #8.J Y: it details of the proposed mailbox areas to the appropriate postal dis a . County Code. MOVED TO #8.L- AAH . At such time as the realigned County Road 126 is accepted and open for traffic, the applicant shall provide the Weld County Departments of Public Works and Planning Services with a request to vacate a portion of the existing County Road 126 , as described in Book 417 , Page 122 , for review and approval by the Board of County Commissioners. 88. The applicant shal submit written evidence from tie Co oraco Division of Wildlife (CDOW) , addressing any requested buffer areas adjacent to Little #844 CC. the applicant shall contact-the Vegetation Weed Management Spec• ist at the Weld County Department of Public Works to develop a weed management plan . The approved plan shall be included in the Final Plan application . MOVED TO #8.N 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ-1158) - RAWAH RESOURCES , LLC, C/O NIOBRARA ENERGY PARK, LLC PAGE 11 DDS . The applicant shall submit a digital file of all drawings associated with the Final Plan application . Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation) ; acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps@co.weld . co. us. EEJ . 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. U .S. GGK. 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: with stamped, signed, and dated final plat drawings and D TO #8. P Final Bra. report must be stamped, signed, and d ction 8 11 120 of the Weld •st has previo-usty been provided to the applicant's engin compl • developed condition, while rel Using at the 5 y Ur pre development rate, is required to protect downstream properties. The drainage design for the l demonstrate how rat drainageways. MOVED TO #8.CQ 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES, LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 12 • • • nstruction, erosion and sediment control • • ed for review and approval. MOVED TO MLR _ . Ener• y - . rk ' U1 . E. The applicant shall submit a re vegetation plan of all areas disturbed durin install F. Section 27 5 70. B.6 requires a traffic impact analysis prepared by a developmen internal and external road networks.- MOVED TO #8.0 G . Section 27 5-70. B. 11 requires adjacent roadways shall be designed Public Works and Chapter 24 of this Code. Required improvements may include gutter and si l be consistent with the ion st • • to Chapter 21 of the Weld County Code on each lot within tho ite TO #8.W I The Board of County Commissioners finds that separate review of the following items is not necessary under the 1041 Regulations pursuant to Section 21 -2-20. D. 2 of the Weld County Code. 1 ) Building new or relocation and expansion of the existing substation to 115 KV or greater inside the PUD; or 2) Utility lines inside the PUD including , but not limited to, gas and electric lines that exceed the minimum requirements to require a 1041 ; or 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES, LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 13 3) One natural gas fired power plant up to but not exceeding 200 megawatts. B. 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 the Weld County Code. G. _ nning • , . Att• rn - y's • ffic - sh - II • - inc• r. : r_ t- + . D. The ap PUD. The Covenants shall state, "Activities such as construction activities the designated absorption field site." The Covenants shall also address #5.G; then to #9.B C. The applicant shall provide the Weld County Department of Public Works with stamped , signed , and dated final plat drawings and roadway/construction and radin Ian drawings for review. Construction details must be included. - M #5.H D _ The applicant shall submit the road layout, including the road name nomenclature, for review by all referral agencies and for relimina addressing of the subdivision lots by Filing or Phase. E The applicant shall submit a Final Phasing g Plan for all Filings and Phases of this development MOVED FROM #5.O I eta ry of State-s-howing the Commercial ado. 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 14 7. Prior to recording any Final Plat(s) : A. Original copies of the approved covenants, along with the appropriate recording fee (currently $6. 00 for the first page and $5.00 for subsequent pages) , shall be submitted to the Weld County Department of Planning Services. B. The appl registered with the State of Colorado. GB. recording the final plat.A Statement shall be placed on the final plat that acknowledges that an improvements agreement and collateral will be required when any off-site or on-site improvements are proposed by the Applicant or any future owner of the property in connection with any plat after the first final plat and that any improvements agreement will be required to be submitted to, and reviewed by, the Weld County Departments of Planning Services and Public Works. and accepted by the Board of County Commissioners. DC. The Final Plan plat map shall be submitted to the Weld County Department of Planning Services for recording within sixty (60) days of approval by the Board of County Commissionersthree '3) years of the date of Administrative approval . With the Final Plan plat map, the applicant shall submit a digital file of all drawings associated with the Final Plan application . Acceptable CAD formats are .dwg . .dxf, and . dgn (Microstation) ; acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps@co.weld . co. us. a s co.weld . co. us. P @ ED. an lmpr nance, according to Policy Regarding Collateral for Improvements. These agreements must be reviewed by the Weld County Departments of Public by the Board of County Commissioners.The Statement of Acknowledgement placed on the final plat that is required by Paragraph 7.C (or 7.B if revisions lire _ accepted) above, shall also acknowledge that the improvements agreement will be required to comply with Weld County's Policy Regarding Collateral for Improvements. 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 15 FE . The Commissioners find , in view of the location and the 35 acre minimum lot size requirement, that this PUD shall not be required to comply with the 80 acre agricultural outlot requirement (Weld County Code, Section 27-2-210) . 8 . At the time of Site Plan Review: A. Stop signs and street name signs will be required at all intersections and shown on the final roadway construction plans. B. Section 27-5-70. B. 7 requires all development within a PUD Zone District shall adhere to the storm drainage design and technical criteria regulations in Section 24-7- 130 of the Weld County Code. The historic stormwater drainage patterns and runoff amounts will be maintained. The developer will be required to submit a detailed Site-wide Master Drainage Plan and engineering study, prepared by a Colorado licensed engineer that shows both the undeveloped and developed drainage patterns. The drainage study shall track the route of off-site stormwater discharges to a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developer will be re uired to miti ate an downstream impacts caused by said development. C . At the time of submittal of the first Final Plat application , the applicant shall also submit a Final Drainage Report for the platted area . The report must be stamped , signed , and dated by a professional engineer licensed in the State of Colorado. The First Final Plat Drainage Report must address the requirements listed in Section 8- 11 - 120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the engineer in the completion of the Master and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100-year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition while releasing at the 5-year pre-development rate is required to protect downstream properties. The drainage desi n shall revent erosive conditions in the natural drainageways. KAM/ D. Final grading , drainage construction, erosion and sediment control plans. and water quality control plans (conforming to the Master Drainage Report) for the platted area must be stamped , signed , and dated by a professional engineer licensed in the State of Colorado, and shall be submitted for review and approval at the time of First Final Plat. E 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 qeotechnical soil report will address 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 16 groundwater and boring data used in pavement design . MOVED FROM 5.-N F. 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 corn letion of construction and final acceptance by the County. MOVED .R G . 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. MOVED FROM #5 .S H . A detailed Traffic Study following the Traffic Study checklist will be required at the time of the Final Rat application . Roadway improvements including , but not limited to, auxiliary lanes, widened radii and consolidation of accesses may be required . The applicant shall fully fund the roadway improvements triggered by this development. County Road 126 is classified as a collector roadway. The applicant should utilize the two (2: existing accesses to this parcel; due to sight distance and other public safety issues. additional accesses will not be granted . IIIIINFROM #5. 0 National Pollutant Discharge Elimination System uir(NPDES requirements q ements will dictate that the applicant obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment. A copy of this permit and a Best Management Practices Erosion Control Plan will be required by the Weld County Department of Public Works as part of the Final Plan submittal. No site grading will be permitted until these documents have been submitted and reviewed . VV J 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 . alairRairen K 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. MOVED FROM #5.Y L The applicant shall provide the Weld County Department of Planning Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld County Code. MOVED FROM #5.Z 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES, LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 17 M . 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 pro osed vegetation, and disturbance including issues of noxious weeds. FROM #5. BB N The applicant shall contact the Vegetation Weed Management Specialist at the Weld County Department of Public Works to develop a weed management plan . The a roved plan shall be included in the Final Plan application . MOVED FR O. _ The Colorado Department of Transportation (CDOT) may require improvements to U . S . Highway 85, as it relates to impacts associated with development, and the applicant acknowledges that these impacts have been deferred to final plat and site plan . Prior to recordin an final plat or site plan , these issues will be addressed . P. The applicant shall provide the Weld County Department of Public Works with stamped , signed , and dated final plat drawings and roadway/construction and drainage/gradin Ian drawin s for review. Construction details must be included. Q . At the time of submittal of a subsequent Final Plat application . the applicant shall submit a Final Drainage Report for the new platted area. The report must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado. The Revised Final Plat Drainage Report must address the requirements listed in Section 8- 11 - 120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the Engineer in the completion of the Master and all subsequent Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100-year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition , while releasing at the 5-year pre development rate, is required to protect downstream properties. The drainage design for the subsequent Final Plat(s) , and parcels under review shall demonstrate how the proposed development will integrate with the Master Drainage Plan for the site. The dr? inage design shall prevent erosive conditions in the natural drainaqeways. MOVED FROM #6. R . Final grading , drainage construction , erosion and sediment control plans, and water quality control plans (conforming to the Drainage Report; for the new platted area stamped . signed , and dated by a professional engineer licensed in the State of Colorado shall be submitted for review and approval. MOVED FROM #6.C 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 18 S. The applicant shall submit a site specific Final Geotechnical Engineering Report for the arcel of land under review within the Niobrara Energy Park PUD. T. 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. U . Section 27-5-70. B.6 requires a traffic impact analysis prepared by a registered professional engineer competent in traffic engineering which shall be provided by the developer. This report shall address the impacts of the develo ment of this subse uent Final Plat on the internal and external road networks. V. Section 27-5-70. B. 11 requires adjacent roadways shall be designed to meet the full typical section specified by the Weld County Department of Public Works and Chapter 24 of this Code. Re quired improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example, as well as the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the Weld Count road s stem as determined by a professional transportation study. W. The applicant shall submit collateral for all improvements associated with the development of a commercial or industrial parcel, prior to recording the Site Plan Review 'SPR) or plat associated with a permit issued pursuant to Chapter 21 of the Weld County Code on each lot within the site. FROM #6. H 9. At the time of site Plan Review application or any Plat subsequent to the First Final Plat, whichever comes first: A. The applicant shall provide the Weld County Department of Planning Services with three :3: copies of the Bylaws and Articles of Incorporation for the Commercial-Industrial Owner's Association ; including three '3) copies of the Restrictive Covenants for Niobrara Energy Park PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated . MOVED FROM #5.F to #6.C; then to B. The applicant shall submit development Covenants for Niobrara Energy Park PUD. The Covenants shall state, "Activities such as construction activities ,i.e. , auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site. " The Covenants shall also address si na a re uirements and refer to the Weld County Code. 2014-0547 PL2110 APPROVE REQUEST TO REVISE VARIOUS CONDITIONS OF APPROVAL FOR CHANGE OF ZONE (PZ- 1158) - RAWAH RESOURCES , LLC , C/O NIOBRARA ENERGY PARK, LLC PAGE 19 C . 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. MOVED FROM #5. P to #6.G; then to #9.C D. The applicant shall submit Certificates from the Secretary of State showing the Commercial-Industrial Owner's Association has been formed and registered with the State of Colorado. AL 810. Prior to release of collateral: A. Release of collateral shall follow procedures as identified in County Code Policy Regarding Collateral for Improvements and enumerated in the Improvements Agreement(s) . The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 24th day of February, A. D. , 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM : Mike Freeman County Attorney William F. Garcia Date of signature: 2014-0547 PL2110 EXHIBIT zti/ po\ ze``i Pi- i S The property owner is requesting the Board of County Commissioners amend the Change of Zone Resolution to the following : The applicant is requesting the following items would be moved from requirements Paragraph 5 "At the time of Final Plan application submittal" to requirements at the time of Site Plan Review: 5.J Stop signs and street name signs will be required at all intersections and shown on the final roadway construction plans. 5. K Section 27-5-70. B.7 requires all development within a PUD Zone District shall adhere to the storm drainage design and technical criteria regulations in Section 24-7-130 of the Weld County Code. The historic stormwater drainage patterns and runoff amounts will be maintained . The developer will be required to submit a detailed Site-wide Master Drainage Plan and engineering study, prepared by a Colorado licensed engineer that shows both the undeveloped and developed drainage patterns. The drainage study shall track the route of off-site stormwater discharges to a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developer will be required to mitigate any downstream impacts caused by said development. 5. L At the time of submittal of the first Final Plat application, the applicant shall also submit a Final Drainage Report for the platted area . The report must be stamped, signed , and dated by a professional engineer licensed in the State of Colorado. The First Final Plat Drainage Report must address the requirements listed in Section 8-11 -120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the engineer in the completion of the Master and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100- year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition while releasing at the 5-year pre-development rate is required to protect downstream properties. The drainage design shall prevent erosive conditions in the natural drainageways. 5. M Final grading, drainage construction, erosion and sediment control plans, and water quality control plans (conforming to the Master Drainage Report) for the platted area must be stamped , signed , and dated by a professional engineer licensed in the State of Colorado, and shall be submitted for review and approval at the time of First Final Plat. 5. 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 . 5.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. 5. 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 1 °oWW— o.54 ? and elevations of key features, shall be submitted in digital format to Weld County upon completion of construction and final acceptance by the County. 5.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. 5. 0 A detailed Traffic Study following the Traffic Study checklist will be required at the time of the Final Plat application . Roadway improvements including , but not limited to, auxiliary lanes, widened radii and consolidation of accesses may be required . The applicant shall fully fund the roadway improvements triggered by this development. County Road 126 is classified as a collector roadway. The applicant should utilize the two (2) existing accesses to this parcel ; due to sight distance and other public safety issues, additional accesses will not be granted 5.W National Pollutant Discharge Elimination System (NPDES) requirements will dictate that the applicant obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment. A copy of this permit and a Best Management Practices Erosion Control Plan will be required by the Weld County Department of Public Works as part of the Final Plan submittal . No site grading will be permitted until these documents have been submitted and reviewed . 5.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 . 5.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. 5.Z The applicant shall provide the Weld County Department of Planning Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld County Code . 5. BB The applicant shall submit written evidence from the Colorado Division of Wildlife (CDOW), addressing any requested buffer areas adjacent to Little Owl Creek, unnamed drainage-ways, mapped wetlands and riparian areas regarding protection from impacts to wildlife, existing and proposed vegetation , and disturbance including issues of noxious weeds. 5.CC The applicant shall contact the Vegetation Weed Management Specialist at the Weld County Department of Public Works to develop a weed management plan . The approved plan shall be included in the Final Plan application . 5. FF The Colorado Department of Transportation (CDOT) may require improvements to U .S. Highway 85, as it relates to impacts associated with development, and the applicant acknowledges that these impacts have been deferred to final plat and site plan . Prior to recording any final plat or site plan , these issues will be addressed. 2 The applicant is requesting the following items would be moved from requirements under section 5 "At the time of Final Plan application submittal" to requirements at the time of application for any Plat subsequent to the First Final Plat" : 5. 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 the Weld County Code. ing Services with three (3) copies of the Bylaws and Articl oration for the Commercial Industrial Owner's Association; includ-ing-three (3) -copies of--the-Restrictive Covenants for-Niobrara Energy Park PU-D-for review by the Weld County- Attorney's Office. Any changes requested-by-the Weld-County -Attorneys Office shall be incorporated . 5 --The appl-icaot shall--suubm-it- development-Covenants for Niobrara Energy Park PUD. The Covenants-shall state, "Activities such as construction activities (i.e. , auxiliary structures, orption field site." Th -refer to the Weld County Code. 5. H The applicant shall provide the Weld County Department of Public Works with roadway/construction and grading plan drawings for review. 5. 1 The applicant shall submit the road layout, including the road name nomenclature, for review by all referral agencies and for preliminary addressing of the subdivision lots by Filing or Phase . 5P For the First-Final Plat application, the -a-ppl it a construction schedule in accordance to Section 27 2 200 of the Weld County Code . 5.Q The applicant shall submit a Final Phasing Plan for all Filings and Phases of this development. The applicant is proposing the following items would be moved from requirements Paragraph 5 "At the time of Final Plan application submittal" to requirements at the time of Site Plan Review or application for any Plat subsequent to the First Anal Plat, whichever comes first": 5 . F The applicant shall provide the Weld County Department of Planning Services with three_ (3) copies of the Bylaws and Articles of Incorporation for the Commercial-Industrial Owner's Association; including three (3) copies of the Restrictive Covenants for Niobrara Energy Park PUD for review by the Weld County Attorney's Office . Any changes requested by the Weld County Attorngy s Office shall be incorporated. 5. G The applicant shall submit development Covenants for Niobrara Energy Park PUD. The Covenants shall state_"Activities such as construction activities (i .e . , auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site." • 3 The Covenants shall also address signage requirements and refer to the Weld County Code. The applicant is requesting the following items would be moved from section 6 "At the time of application for any Plat subsequent to the First Final Plat" to the time of Site Plan Review: 6.A The applicant shall provide the Weld County Department of Public Works with stamped , signed, and dated final plat drawings and roadway/construction and drainage/grading plan drawings for review. Construction details must be included . 6. B At the time of submittal of a subsequent Final Plat application , the applicant shall submit a Final Drainage Report for the new platted area . The report must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado. The Revised Final Plat Drainage Report must address the requirements listed in Section 8-11 -120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the Engineer in the completion of the Master and all subsequent Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100-year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition , while releasing at the 5-year pre-development rate , is required to protect downstream properties. The drainage design for the subsequent Final Plat(s), and parcels under review shall demonstrate how the proposed development will integrate with the Master Drainage Plan for the site. The drainage design shall prevent erosive conditions in the natural drainageways. 6. C Final grading, drainage construction , erosion and sediment control plans, and water quality control plans (conforming to the Drainage Report) for the new platted area stamped , signed, and dated by a professional engineer licensed in the State of Colorado shall be submitted for review and approval . 6. D The applicant shall submit a site specific Final Geotechnical Engineering Report for the parcel of land under review within the Niobrara Energy Park PUD . 6. E The applicant shall submit a re-vegetation plan of all areas disturbed during construction . The plan shall include information regarding plant type, installation methods, and maintenance. 6. F Section 27-5-70. B .6 requires a traffic impact analysis prepared by a registered professional engineer competent in traffic engineering which shall be provided by the developer. This report shall address the impacts of the development of this subsequent Final Plat on the internal and external road networks. 6. G Section 27-5-70. B. 11 requires adjacent roadways shall be designed to meet the full typical section specified by the Weld County Department of Public Works and Chapter 24 of this Code . Required improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example, as well as the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the Weld County road system as determined by a professional transportation study. 4 6. H The applicant shall submit collateral for all improvements associated with the development of a commercial or industrial parcel , prior to recording the Site Plan Review (SPR) or plat associated with a permit issued pursuant to Chapter 21 of the Weld County Code on each lot within the site . The applicant is proposing the following items would be moved from requirements under section 7 " Prior to recording any Final Plat(s)" to requirements at the time "Site Plan Review of application for any Plat subsequent to the First Final Plat, whichever comes first":of application for any-Plat subsequent to the First Final Plat": 7. B The Applicant shall submit Certificates from the Secretary of State showing the Commercial-Industrial Owner's Association has been formed and registered with the State of Colorado. The applicant is proposing the following items would be amended as follows: 7.C A statement shall be placed on the final plat that acknowledges that an improvements agreement and collateral will be required when any off-site or on site improvements are proposed by the Applicant or any future owner of the Property in connection with any plat after the first final plat and that any improvements agreement will be required to be submitted to, and reviewed by, the Weld County Departments of Planning Services and Public Works, and accepted by the Board of County Commissioners . c, 3) f A -4._.. cic c;ics 11,11 , _ 7. D The Final Plan plat map shall bet submitted to thie W ounty Department of Planning Services for recording within Witark, o approva With the Final Plan plat map , the - ��• applicant shall submit a digital file of II dra gs associated with the Final Plan application . Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation ); acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB ). The preferred format for images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld .co.us . 7. E The statement of acknowledgement placed on the final plat that is required by Paragraph 7C above, shall also acknowledge that the improvements agreement will be required to comply with Weld County's Policy Regarding Collateral for Improvements. FRED L. OTIS, ESC),fotis@nocoattorneys.com 1812 56th Avenue OT I S & PETERS , LLC Greeley, Colorado 80634 Attorneys and Counselors at law Telephone. 970-330-6700 WWW.N OCOATTO RN EYS.COM 5 l - MEMORANDUM S. , - - N.rTO: Board of County Commissioners 2_ „ 0 " DATE: February 20, 2014 FROM : Michelle Martin SUBJECT: PZ-1158 The Board of County Commissioners approved PZ-1158 on March 16, 2011 to Grant a Change 9 of Zone from A(Agricultural) Zone District to PUD (Planned Unit Development) Zone District, with C-3 (Business Commercial) and 1-3 (Industrial) uses, for Nine (9) Parcels of 35 acres in size of Greater, Open Space and Continuing Oil and Gas Production . The Change of Zone Plat was recorded on August 31 , 2011 . The applicant is now requesting that the Change of Zone resolution be amended so that the applicant may proceed with the final plat with may of the conditions moved to at the time of Site Plan Review (SPR) because at this time the applicant does not know the intended users of the lots. The Weld County Department of Environmental Health, Public Works and County Attorney's Office has reviewed the applicant's request. The Weld County Department of Environmental Health in an email dated January 23, 2014 has no concerns with the applicant's request. No comments were received from the Weld County Department of Public Works. The Weld County Department of Planning Services and the County Attorney's offices has only a few comments/concerns with the applicants request those comments are highlighted in yellow along with the applicant's request. The property owner is requesting the Board of County Commissioner amend the Change of Zone Resolution to the following : The applicant is requesting the following items would be moved from requirements under section 5 "At the time of Final Plan application submittal" to requirements " at the time of Site Plan Review" : 5.J Stop signs and street name signs will be required at all intersections and shown on the final roadway construction plans. 5. K Section 27-5-70. B. 7 requires all development within a PUD Zone District shall adhere to the storm drainage design and technical criteria regulations in Section 24-7-130 of the Weld County Code. The historic stormwater drainage patterns and runoff amounts will be maintained . The developer will be required to submit a detailed Site- wide Master Drainage Plan and engineering study, prepared by a Colorado licensed engineer that shows both the undeveloped and developed drainage patterns. The drainage study shall track the route of off-site stormwater discharges to a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developer will be required to mitigate any downstream impacts caused by said development. 1 I Page 2014-0547 5. L At the time of submittal of the first Final Plat application , the applicant shall also submit a Final Drainage Report for the platted area. The report must be stamped , signed, and dated by a professional engineer licensed in the State of Colorado. The First Final Plat Drainage Report must address the requirements listed in Section 8- 11 - 120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the engineer in the completion of the Master and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100- year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition while releasing at the 5-year pre-development rate is required to protect downstream properties. The drainage design shall prevent erosive conditions in the natural drainageways. 5. M Final grading , drainage construction , erosion and sediment control plans, and water quality control plans (conforming to the Master Drainage Report) for the platted area must be stamped, signed , and dated by a professional engineer licensed in the State of Colorado, and shall be submitted for review and approval at the time of First Final Plat. 5. 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. 5. 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. 5. 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. 5. 0 A detailed Traffic Study following the Traffic Study checklist will be required at the time of the Final Plat application . Roadway improvements including , but not limited to, auxiliary lanes, widened radii and consolidation of accesses may be required . The applicant shall fully fund the roadway improvements triggered by this development. County Road 126 is classified as a collector roadway. The applicant should utilize the two (2) existing accesses to this parcel; due to sight distance and other public safety issues, additional accesses will not be granted 5.W National Pollutant Discharge Elimination System (NPDES) requirements will dictate that the applicant obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment. A copy of this permit and a Best Management Practices Erosion Control Plan will be required by the Weld County Department of Public Works as part of the Final Plan submittal. No site grading will be permitted until these documents have been submitted and reviewed . 5.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 2 a Owl Creek, defined drainage-ways and ditches to protect against erosion. 5 . 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. 5.Z The applicant shall provide the Weld County Department of Planning Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld County Code. 5. BB The applicant shall submit written evidence from the Colorado Division of Wildlife (CDOW), addressing any requested buffer areas adjacent to Little Owl Creek, unnamed Drainage-ways, mapped wetlands and riparian areas regarding protection from impacts to wildlife, existing and proposed vegetation , and disturbance including issues of noxious weeds . 5 . CC The applicant shall contact the Vegetation Weed Management Specialist at the Weld County Department of Public Works to develop a weed management plan . The approved plan shall be included in the Final Plan application . 5. FF The Colorado Department of Transportation (CDOT) may require improvements to U . S . Highway 85, as it relates to impacts associated with development, and the applicant acknowledges that these impacts have been deferred to final plat and site plan . Prior to recording any final plat or site plan , these issues will be addressed . The applicant is requesting the following items would be moved from requirements under section 5 "At the time of Final Plan application submittal" to requirements "at the time of application for any Plat subsequent to the First Final Plat" : 5. 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 the Weld County Code. 5. F The applicant shall provide the Weld County Department of Planning Services with three (3) copies of the Bylaws and Articles of Incorporation for the Commercial- Industrial Owner's Association ; including three (3) copies of the Restrictive Covenants for Niobrara Energy Park PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated . COMMENT: The County Attorney's Office recommends that because the proposed emergency access is a common element for the development, the required Covenants for the development should address maintenance obligations for the emergency access and should be submitted at the time of Final Plan application submittal . 5. G The applicant shall submit development Covenants for Niobrara Energy Park PUD. The Covenants shall state, "Activities such as construction activities (i . e. , auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site. " The Covenants shall also address signage requirements and refer to the Weld County Code. ' Pagee COMMENT: The County Attorney's Office recommends that the required Covenants be submitted at the time of Final Plan application submittal (see 5 . F) . 5. H The applicant shall provide the Weld County Department of Public Works with roadway/construction and grading plan drawings for review. 5. 1 The applicant shall submit the road layout, including the road name nomenclature, for review by all referral agencies and for preliminary addressing of the subdivision lots by Filing or Phase. 5. 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. COMMENT: The Weld County Department of Planning Services is recommending the applicant state as a part of their final plat application when they anticipate the construction of the emergency access. 5. Q The applicant shall submit a Final Phasing Plan for all Filings and Phases of this development. The applicant is requesting the following items would be moved from section 6 "At the time of application for any Plat subsequent to the First Final Plat" to "at the time of Site Plan Review" : 6.A The applicant shall provide the Weld County Department of Public Works with stamped, signed, and dated final plat drawings and roadway/construction and drainage/grading plan drawings for review. Construction details must be included . 6. B At the time of submittal of a subsequent Final Plat application , the applicant shall submit a Final Drainage Report for the new platted area. The report must be stamped , signed , and dated by a professional engineer licensed in the State of Colorado. The Revised Final Plat Drainage Report must address the requirements listed in Section 8- 11 - 120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the Engineer in the completion of the Master and all subsequent Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100-year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition , while releasing at the 5- year pre-development rate, is required to protect downstream properties . The drainage design for the subsequent Final Plat(s) , and parcels under review shall demonstrate how the proposed development will integrate with the Master Drainage Plan for the site. The drainage design shall prevent erosive conditions in the natural drainageways. 6. C Final grading , drainage construction , erosion and sediment control plans , and water quality control plans (conforming to the Drainage Report) for the new platted area stamped , signed , and dated by a professional engineer licensed in the State of Colorado shall be submitted for review and approval . 6. D The applicant shall submit a site specific Final Geotechnical Engineering Report for the parcel of land under review within the Niobrara Energy Park PUD. 4Page 6. E The applicant shall submit a re-vegetation plan of all areas disturbed during construction. The plan shall include information regarding plant type, installation methods, and maintenance. 6. F Section 27-5-70. B. 6 requires a traffic impact analysis prepared by a registered professional engineer competent in traffic engineering which shall be provided by the developer. This report shall address the impacts of the development of this subsequent Final Plat on the internal and external road networks. 6. G Section 27-5-70. B. 11 requires adjacent roadways shall be designed to meet the full typical section specified by the Weld County Department of Public Works and Chapter 24 of this Code. Required improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example, as well as the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the Weld County road system as determined by a professional transportation study. 6. H The applicant shall submit collateral for all improvements associated with the development of a commercial or industrial parcel, prior to recording the Site Plan Review (SPR) or plat associated with a permit issued pursuant to Chapter 21 of the Weld County Code on each lot within the site. The applicant is proposing the following items would be moved from requirements under section 7 "Prior to recording any Final Plat(s)" to requirements " at the time of application for any Plat subsequent to the First Final Plat" : 7. B The Applicant shall submit Certificates from the Secretary of State showing the Commercial-Industrial Owner's Association has been formed and registered with the State of Colorado. COMMENT- The County Attorney's Office recommends that the Certificate evidencing formation and registration of the Commercial-Industrial Owner's Association be submitted prior to recording any Final Plat(s). The applicant is proposing to the following items would be amended as follows: 7.C A statement shall be placed on the final plat that acknowledges that an improvements agreement and collateral will be required when any off-site or on site improvements are proposed by the Applicant or any future owner of the Property in connection with any plat after the first final plat and that any improvements agreement will be required to be submitted to, and reviewed by, the Weld County Departments of Planning Services and Public Works, and accepted by the Board of County Commissioners. The condition currently reads as follows: An Improvements Agreement will be required prior to recording of the final plat. The agreement and form of collateral shall be submitted to, and reviewed by, the Weld County Departments of Planning Services and Public Works, and accepted by the 5 Page Board of County Commissioners prior to recording the final plat. 7. D The Final Plan plat map shall be submitted to the Weld County Department of Planning Services for recording . With the Final Plan plat map, the applicant shall submit a digital file of all drawings associated with the Final Plan application . Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation) ; acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps@co.weld . co. us. COMMENT: The applicant is recommending that the 60 days to record the plat be removed. The Weld County Department of Planning Services is recommending this condition be modified to give the applicant 3 years to record the Final Plan . Section 27-8-60 of the Weld County Code states that the applicant has 3 years from the date of the approval of the Planned Unit Development (PUD) to record the final plan . The condition currently reads as follows: The Final Plan plat map shall be submitted to the Weld County Department of Planning Services for recording within sixty (60) days of approval by the Board of County Commissioners. With the Final Plan plat map, the applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg , .dxf, and . dgn (Microstation) ; acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps@co. weld . co . us . 7. E The statement of acknowledgement placed on the final plat that is required by Paragraph 7C above , shall also acknowledge that the improvements agreement will be required to comply with Weld County's Policy Regarding Collateral for Improvements. The condition currently reads as follows: The applicant shall submit an Improvements Agreement and Collateral that addresses On-Site and Off-Site Improvements, and Long Term Maintenance, according to Policy Regarding Collateral for Improvements. These agreements must be reviewed by the Weld County Departments of Public Works and Planning Services and shall be approved and collateral accepted by the Board of County Commissioners. 6 ' Page MEMORANDUM To: Michelle Martin Date: January 21 , 2014 Applicant: Rawah Resources, LLC Case: Corrected Resolution Change of Zone PZ-1158 This memo is a follow up to the meeting held on November 7, 2013. The Applicant is requesting that some of the timelines in Paragraphs 5, 6 and 7 of the Corrected Resolution be retimed to allow the Applicant to supply the required items when users of the Property become known . This will allow the Applicant to finalize its Final Plan without requiring unknowable and unnecessary expenses at a time when the exact user of the property is unknown . As the exact user(s) become known, a Site Plan will be applied for and the necessary documents will be submitted as a part of that process to protect the County. In addition , Applicant is requesting that to the extent Paragraphs 1 , 2, 3, 4, 5AA and 5GG of the Corrected Resolution made requirements or conditions for filing a final plan, the requirements are deemed satisfied and completed. Below is a list, taken from the Corrected Resolution of the items that will be retimed to Site Plan Review: 1 . Paragraph 5. The following items would be moved from requirements Paragraph 5 "At the time of Final Plan application submittal" to requirements at the time of Site Plan Review: 5J Stop signs and street name signs will be required at all intersections and shown on the final roadway construction plans. 5K Section 27-5-70. B. 7 requires all development within a PUD Zone District shall adhere to the storm drainage design and technical criteria regulations in Section 24-7-130 of the Weld County Code. The historic stormwater drainage patterns and runoff amounts will be maintained . The developer will be required to submit a detailed Site-wide Master Drainage Plan and engineering study, prepared by a Colorado licensed engineer that shows both the undeveloped and developed drainage patterns. The drainage study shall track the route of off-site stormwater discharges to a natural drainage course such as a creek or river. Off-site discharge shall not damage downstream property, roads or bridges. The developer will be required to mitigate any downstream impacts caused by said development. 5L At the time of submittal of the first Final Plat application, the applicant shall also submit a Final Drainage Report for the platted area. The report must be stamped, signed , and dated by a professional engineer licensed in the State of Colorado. The First Final Plat Drainage Report must address the requirements listed in Section 8-11 -120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the engineer in the completion of the Master and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100- year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition while releasing at the 5-year pre-development rate is required to protect downstream properties. The drainage design shall prevent erosive conditions in the natural drainageways. 1 5M Final grading , drainage construction, erosion and sediment control plans, and water quality control plans (conforming to the Master Drainage Report) for the platted area must be stamped , signed , and dated by a professional engineer licensed in the State of Colorado, and shall be submitted for review and approval at the time of First Final Plat. 5N 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. 5R 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. 5S 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. 5U A detailed Traffic Study following the Traffic Study checklist will be required at the time of the Final Plat application . Roadway improvements including , but not limited to, auxiliary lanes, widened radii and consolidation of accesses may be required . The applicant shall fully fund the roadway improvements triggered by this development. County Road 126 is classified as a collector roadway. The applicant should utilize the two (2) existing accesses to this parcel ; due to sight distance and other public safety issues, additional accesses will not be granted 5W National Pollutant Discharge Elimination System (NPDES) requirements will dictate that the applicant obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment. A copy of this permit and a Best Management Practices Erosion Control Plan will be required by the Weld County Department of Public Works as part of the Final Plan submittal. No site grading will be permitted until these documents have been submitted and reviewed . 5X 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 . 5Y 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. 5Z The applicant shall provide the Weld County Department of Planning Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld County Code . 5BB The applicant shall submit written evidence from the Colorado Division of Wildlife (CDOW) , addressing any requested buffer areas adjacent to Little Owl Creek, unnamed 2 drainage-ways, mapped wetlands and riparian areas regarding protection from impacts to wildlife, existing and proposed vegetation , and disturbance including issues of noxious weeds. 5CC The applicant shall contact the Vegetation Weed Management Specialist at the Weld County Department of Public Works to develop a weed management plan. The approved plan shall be included in the Final Plan application. 5FF The Colorado Department of Transportation (CDOT) may require improvements to U . S. Highway 85, as it relates to impacts associated with development, and the applicant acknowledges that these impacts have been deferred to final plat and site plan . Prior to recording any final plat or site plan , these issues will be addressed . 2. Paragraph 5. The following items would be moved from requirements Paragraph 5 "At the time of Final Plan application submittal" to requirements at the time of application for any Plat subsequent to the First Final Plat" : 5C . 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 the Weld County Code. 5F The applicant shall provide the Weld County Department of Planning Services with three (3) copies of the Bylaws and Articles of Incorporation for the Commercial-Industrial Owner's Association ; including three (3) copies of the Restrictive Covenants for Niobrara Energy Park PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated. 5G The applicant shall submit development Covenants for Niobrara Energy Park PUD. The Covenants shall state, "Activities such as construction activities (i.e. , auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site. " The Covenants shall also address signage requirements and refer to the Weld County Code . 5H The applicant shall provide the Weld County Department of Public Works with roadway/construction and grading plan drawings for review. 51 The applicant shall submit the road layout, including the road name nomenclature, for review by all referral agencies and for preliminary addressing of the subdivision lots by Filing or Phase. 5P 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. 5Q The applicant shall submit a Final Phasing Plan for all Filings and Phases of this development. 3 3. Paragraph 6. The following items would be moved from Paragraph 6 "At the time of application for any Plat subsequent to the First Final Plat" to the time of Site Plan Review: 6A The applicant shall provide the Weld County Department of Public Works with stamped, signed , and dated final plat drawings and roadway/construction and drainage/grading plan drawings for review. Construction details must be included. 6B At the time of submittal of a subsequent Final Plat application , the applicant shall submit a Final Drainage Report for the new platted area . The report must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado. The Revised Final Plat Drainage Report must address the requirements listed in Section 8- 11 - 120 of the Weld County Code. A Drainage Report Checklist has previously been provided to the applicant's engineer and shall be utilized by the Engineer in the completion of the Master and all subsequent Final Plat Drainage Reports. The reports shall evaluate the 5-year storm and 100-year storm flows both entering and leaving the development. Detention of the 100-year storm developed condition , while releasing at the 5-year pre-development rate, is required to protect downstream properties. The drainage design for the subsequent Final Plat(s) , and parcels under review shall demonstrate how the proposed development will integrate with the Master Drainage Plan for the site. The drainage design shall prevent erosive conditions in the natural drainageways. 6C Final grading , drainage construction , erosion and sediment control plans, and water quality control plans (conforming to the Drainage Report) for the new platted area stamped, signed , and dated by a professional engineer licensed in the State of Colorado shall be submitted for review and approval . 6D The applicant shall submit a site specific Final Geotechnical Engineering Report for the parcel of land under review within the Niobrara Energy Park PUD. 6E 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. 6F Section 27-5-70. B.6 requires a traffic impact analysis prepared by a registered professional engineer competent in traffic engineering which shall be provided by the developer. This report shall address the impacts of the development of this subsequent Final Plat on the internal and external road networks. 6G Section 27-5-70. B. 11 requires adjacent roadways shall be designed to meet the full typical section specified by the Weld County Department of Public Works and Chapter 24 of this Code. Required improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example, as well as the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the Weld County road system as determined by a professional transportation study. 6H The applicant shall submit collateral for all improvements associated with the development of a commercial or industrial parcel , prior to recording the Site Plan Review (SPR) or plat 4 associated with a permit issued pursuant to Chapter 21 of the Weld County Code on each lot within the site. 4. Paragraph 7. The following items would be moved from requirements Paragraph 7 " Prior to recording any Final Plat(s)" to requirements at the time of application for any Plat subsequent to the First Final Plat": 7B The Applicant shall submit Certificates from the Secretary of State showing the Commercial-Industrial Owner's Association has been formed and registered with the State of Colorado. 5. Paragraph 7. The following items would be amended as follows: 7C A statement shall be placed on the final plat that acknowledges that an improvements agreement and collateral will be required when any off-site or on site improvements are proposed by the Applicant or any future owner of the Property in connection with any plat after the first final plat and that any improvements agreement will be required to be submitted to, and reviewed by, the Weld County Departments of Planning Services and Public Works, and accepted by the Board of County Commissioners. 7D The Final Plan plat map shall be submitted to the Weld County Department of Planning Services for recording . With the Final Plan plat map, the applicant shall submit a digital file of all drawings associated with the Final Plan application . Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation); acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to mapsaco.weld . co. us. 7E The statement of acknowledgement placed on the final plat that is required by Paragraph 7C above, shall also acknowledge that the improvements agreement will be required to comply with Weld County's Policy Regarding Collateral for Improvements. 5 Michelle Martin From: Lauren Light Sent: Thursday, January 23, 2014 1 : 17 PM To: Michelle Martin Subject: RE: Niobrara I don't see any issues for us 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) EPWI �. °vs . .� Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Martin Sent: Thursday, January 23, 2014 11 :34 AM To: Elizabeth Relford; Tim Tuttle; Lauren Light; Brad Yatabe Cc: Tom Parko Jr. Subject: FW: Niobrara Hi Everyone, I will be taking the attached request from Craig Harrison on the Niobrara Subdivision to the BOCC but before I compile a q P memo I would like to get your feedback. Therefore please send me a response/comments/referral by February 3. Thank you so much for all your time and assistance. If you have any questions please don't hesitate to contact me. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 1 1 h s - r p j ' Z 2. • s 4 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: cathy@tbgroup.us [mailto:cathy@tbgroup.us] Sent: Tuesday, January 21, 2014 11 :36 AM To: Michelle Martin Cc: Tom Parko Jr. ; Harrison Craig (craig@harrisonresource.com); Fred Otis; jim©tbgroup.us Subject: Niobrara Hi Michelle — Attached is the revised memo regarding certain items in the Corrected Resolution that we discussed at our meeting last November. Fred will be following up with you. Thanks and have a great day, Cathy Mathis, APA TB I Group 444 Mountain Avenue Berthoud, Colorado 80513 970.532.5891 office 970.344.6358 direct Cathy@TBGroup.us 2 Hello