and support improvements, and the infrastructure necessary to provide access to them.The County Commissioners shall not receive evidence or make a further determinationabout the proposed uses of the property; their determination shall be limited to whether or not the improvement locations and infrastructure providing access to thoseimprovements are acceptable to the County. During this Phase 2 determination will bemade by the applicant as to what clean energy sources should be built on the property and Applicant will pay an application fee reimbursing the Pueblo County Planning and Development office its costs
.” Staff is proposing conditions of approval that are not entirely consistent with theapplicant’s proposal. Beginning on Page 10 below, these conditions recommend first,that with the Phase II submittal, Final Development Plans must be submitted for reviewand approval by the Board of County Commissioners, consistent with the SubmittalRequirements within Section 17.126.040 of the PUD Regulations in the
Pueblo County Code
. Although the use itself would be allowable per an approved PUD, these Planswould allow the County to review each proposed facility (e.g. nuclear, wind, solar) withina defined area, in order to determine suitability, appropriateness, and impacts of theallowable use on a specific site.Further, staff recommends the applicant not only pay an application fee reimbursing theCounty for its costs for Phase II, but also for the costs associated with this first phase.(See Staff Recommendation, below.)
Applicant requests approval of a planned unit development (PUD) on approximately24,000 acres of property that is currently within an A-1, Agricultural Zone District. Theapplication submittal documents are attached as Exhibit 1. The Colorado Clean EnergyPark PUD would allow various types of energy/power production facilities, excluding coal-fired power plants. This includes, but is not limited to, nuclear, solar, wind, gas, andgeothermal electrical generating facilities, as well as associated energy storage, supportfacilities, and infrastructure. The PUD also provides for land to be used for a buffer/openspace. With this application, the applicant requests the following:
Approval of the application of a Planned Unit Development for the land involvedincluding phasing in accordance with the Submitted Development Plan.
Approve the submitted Development Plan which includes certain deferrals,variances, and waivers as set forth therein.
Determine that there is a vested real property right to develop the land included inthe Colorado Clean Energy Park in accordance with the Development Plan,contingent only on compliance with the Development Plan.(Note: The application materials request deferral of the applicant’s amendment to theComprehensive Plan. The applicant has subsequently submitted an application to amendthe Comprehensive Plan, CPA No. 2011-001).The applicant requests approval of the Colorado Clean Energy Park PUD with thefollowing deferrals, variances, and waivers of requirements within the
Pueblo County Code
, for the application submittal for the Colorado Clean Energy Park PUD: