HomeMy WebLinkAbout20080051.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Bill Hall, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PZ-1125
APPLICANT: Pioneer Communities Inc.&HP Farms LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part of Sections 4,5, 7, 8,9, 17, and 18,T2N, R64W of the 6th P.M.; and Section
32,T3N, R64W of the 6th P.M.;and Sections 11, 12, 13,14,and 15,T2N,R65W of
the 6th P.M.,Weld County, Colorado.
REQUEST: Change of Zone application from A(Agricultural)Zone District to a PUD(Planned
Unit Development)for 9,455 residential dwelling units,I commercial planning area,
7 school planning areas(for 10 planned schools), 12 park planning areas,2 public
facilities planning areas,and various agricultural and open space planning areas
LOCATION: In the vicinity of CR 22 and CR 49.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application submittal requirements of Section 27-
5-30 of the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.8.6.8-The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19(Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development) of the Weld County Code.
1. The proposed site is not presently influenced by a Coordinated Planning Agreement
• (i.e., Intergovernmental Agreement)from Chapter 19.
2. Sec. 22-2-60.A (A.Goal 1) -- Conserve agricultural land for agricultural purposes
which foster the economic health and continuance of agriculture.
The zoning land use plan map that is proposed with this application includes an
Agricultural Zone District. A detailed agricultural plan was prepared for the area prior
to the creation of the Southeast Weld Mixed Use Area (Agricultural Land Use
Analysis, Marc Arnusch, 2005). The proposed Agricultural Zone District Planning
Areas shown on the proposed Pioneer PUD zoning map include those areas
identified in the analysis report as consisting of highly productive agricultural land.
The applicants propose innovative management techniques(such as drip-irrigation
and prairie grassland restoration)to produce"value-added"agriculture, which may
include vegetable production,tree farms, greenhouses,or a working research farm.
3. Section 22-2-60.8 (A.Goal 2) Conversion of agricultural land to urban scale
residential, commercial and industrial uses will be considered when the subject site
is located inside an approved intergovernmental agreement area, urban growth
boundary area, Mixed Use Development areas or urban development nodes, or
where adequate services are currently available or reasonably obtainable. This goal
is intended to address conversion of agricultural land to minimize the
incompatibilities that occur between uses in the A (Agricultural) Zone District and
other zoned districts that allow urban uses. In addition, this goal is expected to
contribute to minimizing the costs to County taxpayers of providing additional public
services in rural areas for uses that require services on an urban scale.
• EXHIBIT
2008-0051
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• The proposal would convert land from the current Agricultural Zone District to a
Planned Unit Development ("PUD") consisting of a mixture of uses within the
Southeast Weld Mixed Use Development("MUD")area. Seven zone districts within
the Pioneer PUD are proposed: "Agricultural,""Low Density Residential,""Medium
Density Residential," "High Density Residential," "Commercial," "Public Facilities,"
and "Infrastructure Facilities Zone District." (The Infrastructure Facilities Zone
District was not included in the original application, but is proposed as a Condition of
Approval.) There are 103 individual Planning Areas("PA")proposed;each Planning
Area is zoned according to one of the seven Zone Districts.
The project is compatible with existing surrounding uses in terms of general uses,
allowed buildings,scale,density,traffic,dust and noise. The PUD process allows for
flexibility and variety needed to offer a range of products, services, and uses.
4. Section 22-2-60.F(A.Goal 6) --Public facilities and services such as sewer, water,
roads, schools, and fire and police protection, must be provided and developed in a
timely, orderly and efficient manner to support the transition of agricultural land to
other development uses. In evaluating a land use application, County
representatives and the applicant will consider the public facilities and services goals
and policies.
The range of services required of this development is broad and complex. The
applicant proposes to provide for these through phased construction over a projected
timeframe of 20 or more years. The proposed Development Commitments and
Conditions of Approval are designed to ensure that land is dedicated for schools,
parks, and roads in a manner that is concurrent with development. Furthermore,
these Development Commitments will ensure that the developer pays for park
• improvements and off-site road improvements that are timed to different levels of
development. These improvements must be built before additional residential units
can be built,according to the timelines specified by the Development Commitments.
The developer will pay for these improvements through a combination of developer
investment and taxes collected from future residents though Metropolitan Districts,a
quasi-governmental special district that exists to provide services and collect
property taxes. There are seven Pioneer Metropolitan Districts, approved for
creation by the Weld County Commissioners on February 6, 2006. There is one
district, the Pioneer Regional Metropolitan District,which will provide services such
as water, sewer, road and park maintenance. The other six districts ("Pioneer
Metropolitan District#1,"etc.)will provide financing for the payments of bonds that
will be issued for improvements such as water/sewer infrastructure and roads.
5. Section 22-2-110.8(UGB.Goal 2)--Concentrate urban development in or adjacent
to existing municipalities, an approved intergovernmental agreement,the Mixed Use
Development areas, urban growth boundary areas, urban development nodes, or
where urban infrastructure is currently available or reasonably obtainable.
The proposed PUD is located within the Southeast Mixed Use Development (SE
Weld MUD)area,and within the three-mile municipal referral areas of the Towns of
Hudson and Keenesburg and Adams County. The Town of Keenesburg, in their
referral dated July 30,2007,requests continued cooperation with the Town regarding
the construction of the proposed Keenesburg Parkway and working on a
water/wastewater agreement. The Town of Hudson, in its referral dated August 9,
2007, anticipates on-going discussion about the development and indicates
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• concerns with how to ensure commitments regarding the County Road 49/1-76
Interchange, the timing and funding of services for fire and school facilities, and
funding of services through property taxes alone. No referral was received from
Adams County. It is the opinion of the Department of Planning Services that, with
the attached Conditions of Approval and Development Standards,these issues can
be adequately addressed.
The land uses shown on the Change of Zone plat reflect the uses shown on the
Southeast Weld MUD Structural Land Use Map 2.1, adopted June 12, 2006.
6. Section 22-2-170.G (C.Goal 7) -- Encourage the infill of existing commercial
developments and provide an environment which supports growth for existing
business.
The Change of Zone includes the creation of a 32-acre Commercial Zone District.
The proposed Development Standards would limit the amount of commercial uses
within this District to 200,000 square feet, which is roughly equal to four medium-
sized grocery stores. This amount of commercial space is much less than what will
be needed to serve the development at build-out. (Staff estimates a build-out
population of approximately 25,000 people based on the proposed zoning.) This
limit of 200,000 square feet of commercial uses is being proposed in order to
encourage commercial development and infill in the existing towns of Hudson and
Keenesburg, as stated in the application.
7. Section 22-2-190.C (R.Goal 3) -- Urban residential uses will be encouraged when
the subject site is located inside an approved intergovernmental agreement area,
urban growth boundary area,Mixed Use Development areas or urban growth nodes,
• or where adequate infrastructure and services are currently available or reasonably
obtainable.
Three categories of urban/suburban residential densities are proposed within the SE
Weld MUD. These include a "Low Density Residential Zone District" (1.0 — 3.5
dwelling units per acre), which would allow single-family detached homes. The
"Medium Density Residential Zone District"(2.5—6.5 dwelling units per acre)would
allow single-family detached houses, as well as attached housing such as town
homes and apartments. The "High Density Residential Zone District" (5.0— 10.0
dwelling units per acre) is also proposed for detached and attached housing. If
approved with the staff's proposed Conditions of Approval, the Development
Standards for residential housing would require that the minimum densities be
developed under each zone district.
8. Section 22-2-210.C(PUD.Goal 3)-- Maintain land use regulations that allow County
officials to review development proposals which may combine Uses By Right in two
(2) or more zone districts, or which in some manner qualify as a Planned Unit
Development according to the definition set forth in Section 24-1-40 of this Code.
Section 24-1-40 describes a PUD as "an area of land . . . to be developed under
unified control or unified plan of development . . . the plan for which may not
correspond to. . .existing land use regulations." The Pioneer PUD proposes seven
zone districts which do not correspond to the County zone districts. Unique
Development Standards are proposed for each of the seven districts to establish
allowed uses,setbacks,and other standards. The Conditions of Approval proposed
by staff include changes to the Development Standards that were proposed by the
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• applicant in the original submittal. These changes are being proposed as Conditions
of Approval to account for uses not contemplated in the applicant's submittal, or to
be consistent with other broader goals found in the Weld County Code.
9. Section 22-2-210.G(PUD.Goal 7)--All new Planned Unit Development should pay
its own way.
The proposed Conditions of Approval, Development Standards, and Development
Commitments will ensure that land is dedicated for parks, schools, emergency
facilities, water and wastewater facilities, and roads. They also ensure that the
applicant(often through funding by a metropolitan district)pay for improvements for
all of these services, and that the timing of such construction is done in a manner to
be in place when new development requires that level of service. Exact timing and
triggers remain under discussion.
10. Section 22-2-270.D(SEMUD.Goal 4)-- Development of the Southeast Weld MUD
area shall occur in a manner that assures an attractive working and living
environment and establishes a sense of community identity by planning and
managing residential, commercial, environmental, aesthetic and economic
components in coordination with Hudson and Keenesburg. The growth associated
with the Southeast Weld MUD area will promote product and service demands to be
met in part by the existing towns of Hudson and Keenesburg. The addition of
housing in the vicinity will enhance the marketability of the area as an employment
center. Appropriate scaled neighborhood-oriented commercial uses will be
encouraged in the Southeast Weld MUD area, to provide convenient retail
opportunities for neighborhoods.
• The proposal assures that new development occurs in such a manner as to create
an attractive living environment. Further, all applicable standards and regulations,
unless otherwise modified herein,of Chapters 22,23,26,and 27 of the Weld County
Code shall be integrated in the design of the future Final Plats and will be addressed
through the Site Plan Review process. The subdivision design integrates residential,
commercial, and environmental components into a cohesive unit that is compatible
with surrounding land uses. The submitted plan includes significant changes from
earlier designs,done to address concerns that were raised during the administrative
Sketch Plan process. Some of these changes included limiting the number of
accesses allowed on County Road 49, designing County Road 22 through the
development as a through road (versus requiring a "T" intersection), relocating
school and park sites, and shifting densities. The most significant design change
that was made to address Sketch Plan comments was the elimination in the Change
of Zone PUD layout of the northwest section of the Southeast Weld MUD; this
removed several hundred potential residences from the plan,which would have been
very isolated from the remainder of the development. (The existing Southwest Weld
MUD would support future potential rezoning of this northwest section, however.)
The Department of Planning Services has not received any letters from surrounding
property owners expressing concern with the proposal. The Development Standards
and Conditions of Approval ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and
County.
11. Section 22-2-280.C (SE.MUD.P.Goal 1) -- Provide efficient and cost-effective
delivery of adequate public facilities and services which assure the health,safety and
general welfare of the present and future residents of the area.
• Weld County hired the firm of Clear Water Solutions to review the applicant's
submittal materials relating to water. The initial report from Clear Water Solutions
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• indicated that the information submitted generally showed adequate water in terms
of quantity, quality, and availability, with eight tracking points. These eight items
were addressed and updated information was provided in a response letter from the
applicants' engineers (TZA Water Engineers, Inc.) dated August 17, 2007. In
correspondence dated August 23, 2007, Clear Water Solutions indicates that all
questions have either been addressed or provided with an adequate update of
progress in addressing those questions.
A sanitary sewer plant has been proposed which would allow central sewer service
to the development, to be owned an operated by the existing Resource Colorado
Metropolitan District, which would contract services to the Pioneer Regional
Metropolitan District. The utility and financial plans for this plant and the related
sewer system were reviewed by the Front Range Water Quality Planning
Association, which recommended approval of both the utility plan and the
wastewater plant site application on April 26, 2007. This recommendation was
forwarded to the State, which is withholding final approval pending a successful
rezoning of land that would support the need for sewer service. Staff believes that
the Front Range Water Quality Planning Association's review and recommendation
indicate that adequate public sewer facilities are available.
12. Section 22-2-280.O(SE.MUD.P.Goal 2)--Provide adequate public safety facilities,
such as satellite stations for police, fire and ambulance and encourage the siting of
co-located facilities and equipment.
A proposed Plat Note requires that a Law Enforcement District ("LEA") be
established prior to the issuance of any building permits in the development.
Formation of an LEA will address Sheriff Department concerns about having
• adequate resources to serve a suburban community, by identifying a dedicated
funding source and specifying services. The LEA can impose up to a 7.0 mill levy.
To address fire and ambulance services, the proposed Conditions of Approval
require the dedication of a 1-acre site within Planning Area 19 for future emergency
facilities. The applicants propose a 2 mill tax levy on properties to pay for increased
facilities and services. In their referral dated August 22, 2007, the Hudson Fire
Department indicates that this level of tax may not be sufficient for a station and
equipment. As a proposed Condition, the applicant is required to address the
requirements of the Hudson and Southeast Weld Fire Districts prior to recording the
Change of Zone plat.
13. Section 22-2-280.E. (SE.MUD.P.Goal3)--New development shall plan for areas of
land adequate for school facilities conveniently placed central to residential
neighborhoods and provide financial assistance to assist the school district in
funding a portion of the capital construction of school facilities in a timely manner.
The proposed Conditions of Approval require the development of three types of
parks—Neighborhood, Local,and Community. Neighborhood Parks,up to 1 acre in
size, are required in each of the residential and commercial planning areas (for a
total of 56). There are eight Local Parks Planning Areas,which range is size from 3
to 18 acres. Two Community Parks (in four Planning Areas) are proposed for the
interior of the site.
Land for the parks must be dedicated in conjunction with platting of the neighboring
residential areas,and must be constructed according to a specified standard. In the
case of the community parks,the first of these must be built one year after the 3000`h
• dwelling unit is platted, and the second must be built one year after the 7000th
dwelling unit is platted.
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• 14. Section 22-2-290.D (SE.MUD.T.Goal 2) -- Promote a pedestrian trail system to
service transportation and recreation purposes within the Southeast Weld MUD area.
A system of pedestrian and open space connections are proposed to connect the
components of the development and the surrounding properties and developments.
B. Section 27-6-120.6.b- The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27
of the Weld County Code. Staff believes that the application complies with all 31 of the
Performance Standards specified in the Code. Many of these are discussed in detail
throughout this report; some of the others include the following:
Section 27-2-10, Purpose —The applicant has proposed seven zone districts and various
performance standards(i.e., Development Standards specifying use and bulk requirements)
that differ from zoning standards set by the Weld County Code. With the attached Conditions
of Approval,the Department of Planning Services is in support of this request. In general,the
proposed uses and standards are consistent in intent with those in the Weld County Code,
although some uses are more constrained,to reflect the specific location of the property and
the development of the site as a master planned community.
Section 27-2-60, Open Space—The application fulfills the 20%open space requirement of
the Southeast Weld MUD(Appendix 26-E,Weld County Code). Approximately 779 acres are
designated as parks or general open space. (Approximately 724 acres, if oil and gas
constraints are not included.) The Agricultural Zone Districts were not included in the
calculation of open space. Less than half of the open space is specified for formally
landscaped parks and programmable space; the remainder is for use for buffering, scenic,
and as floodplain, and will not be formally landscaped or maintained.
• Section 27-2-80, Design standards and improvements agreements. Future final plats must
conform to the subdivision design standards found in the Weld County Code,or as specified
in the Pioneer PUD. There are variations proposed with this application concerning lot sizes
allowed,and street widths and design. In their referral dated August 27,2007, Public Works
indicates that"the reduced cross sections on local streets maintained by the Metro District
are acceptable to Public Works, however . . . Weld County will require reservation of
additional[right-of-way]to accommodate potential future roadway widenings necessitated by
development density trades that change traffic patterns and/or amounts."
Section 27-2-90, Filing and Section 27-2-160, Phasing. — The PUD will be platted as
multiple future Final Plats. Each filing may be built in multiple phases,and it is possible that
multiple separate phases (e.g., by different builders) may occur simultaneously.
Section 27-2-165, Public purpose. -- The parks, park improvements, trails, open space,
agricultural,floodplains,and buffer areas all fulfill public purposes. The amount of park land
dedicated by the Change of Zone is approximately 15 acres per 1000 people. (Population
was projected by staff at approximately 2.3 people per dwelling unit.) This standard of
adequate services was arrived at by surveying park standards for jurisdictions along the
Colorado Front Range. An average standard was approximately 5 acres per 1000 people of
local park land, and 10 acres per 1000 people for community parks.
Section 27-2-200. Uses. — The allowed uses proposed for the seven Pioneer PUD zone
districts are described for each of the 103 Planning Areas ("PA"). Each Planning Area is
designated as one of the seven zone districts. Each Planning Area is defined by an acreage
and a rough geographical location, relative to surrounding Planning Areas. Each residential
Planning Area is allowed a maximum number of dwelling units. All commercial and non-
• residential uses within the Pioneer PUD are required to be submitted for Site Plan Review,
unless a Use by Special Review is required.
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• C. Section 27-6-120.6.c- That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities.
Though different than current surrounding uses, the proposed zoning and design are
compatible with existing surrounding uses in terms of general uses,allowed buildings,scale,
density,traffic, dust and noise. The PUD process allows for flexibility and variety needed to
offer a range of products, services, and uses.
D. Section 27-6-120.6.d- That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in Article
II the Weld County Code.
Weld County hired the firm of Clear Water Solutions to review the applicant's submittal
materials relating to water, who indicate that all questions have either been addressed or
provided with an adequate update of progress in addressing those questions. A sanitary
sewer plant has been proposed which would allow central sewer service to the development.
Staff believes that the Front Range Water Quality Planning Association's review and
recommendation indicate that adequate public sewer facilities are available.
E. Section 27-6-120.6.e- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
Weld County Public Works, in its referral dated August 27, 2007, recommends denial of the
application, pending submittal of additional information and commitments concerning the
• construction of road-related improvements. This information is necessary to ensure that the
proposed development complies with Sections 22-3-60 through 22-3-140 of the Weld County
Code. While discussions are on-going with the applicant, Public Works has determined at
the time of this report that there is not sufficient information committing the development to
specific off-site improvements.
Specifically, the transportation network in the vicinity of the development must preserve the
existing and future function of roads and highways affected by this proposed development.
Traffic generated by the proposed development must conform to the recommendations and
requirements of the Department of Public Works and the Colorado Department of
Transportation (CDOT).
An overall traffic impact analysis and supplemental traffic analysis has been prepared for this
development,which addresses the cumulative development impacts created by this project
and suggests appropriate project mitigation. The metropolitan districts previously approved
for this area will provide for the maintenance obligations of transportation improvements
within the Pioneer PUD. A revised and approved traffic report is a required prior to final
approval.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
On-site and off-site improvements agreements will be required for each of the future Final
Plat applications submitted under this PUD. Each filing will contain roads for access to the
residences, commercial, and park and school lots, and separate traffic reports will be
• submitted to ensure that the appropriate collector and arterial roads are in place to serve the
proposed filings.
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• Improvements to existing and proposed off-site improvements such as the construction of an
interchange at County 53 and 1-76 or the widening of County 49 are ensured by Development
Commitments. These Development Commitments are proposed as Conditions of Approval,
and they list what improvements are the responsibility of the developer and when the
improvements are to be completed. (Usually an improvement must be made prior to the
platting of a specified number of dwelling units.)
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site.
With the exception of the flood hazard district, the subject property is not located within any
overlay districts. The proposed zoning accounts for flood areas by generally placing these in
either an agricultural or public facilities zone district; specific floodplain boundaries and limits
for development will be determined through final platting of the sites. Commercial minerals,
including oil and gas and sub-surface coal, must be accounted for by a Surface Use
Agreement between the applicant and the mineral rights owners. A proposed Condition of
Approval states that the applicant must provide this Agreement prior to recordation of the
Change of Zone plat, or re-configure the land use zoning map to provide drill envelopes
consistent with spacing that is specified by State law.
Soil conditions were analyzed in two reports submitted by the applicant. (Geotechnical Due
Diligence Study for Harkis Farms Property, A.G. Wassenaar, Inc., February 24, 2005; and,
Geologic Assessment: Harkis Farms Property, A.G. Wassenaar, Inc., August 18, 2006) A
referral from the Colorado Geological Survey("CGS")dated October 24,2006,and submitted
as a response to the Pioneer Sketch Plan application indicates that there are no surface
conditions that would appear to preclude development on the site. The CGS referral provides
• a good overview of the general geologic conditions on the property, which include areas of
very high consolidation/compression soils and very high swelling soils. The site also contains
areas of shallow groundwater. Of particular note is that full-depth basements may not be
feasible on all lots, particularly along the eastern drainageway in Section 8 (i.e., "No Name
Tributary'). The CGS also notes the significant number of oil/gas facilities located throughout
the site.
H. Section 27-6-120.6.h- Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide.
The submitted Specific Development Guide sufficiently addresses the approval criteria
required of a Change of Zone. The Development Standards, as amended by staff's
proposed Conditions of Approval, describe the performance standards and allowed uses in
each of the seven proposed zone districts, as described previously. The Department of
Planning Services' recommends that each Final Plat filing be submitted for review and
approval of the Board of County Commissioners, given the intensity and size of the proposed
development. Overall, the project is compatible with existing surrounding uses in terms of
general uses, building height,scale,density,traffic,dust and noise. The PUD process allows
for flexibility and variety needed to offer a range of services and uses.
The recommendation for approval is based upon compliance with Chapter 27 requirements. The Change of
Zone recommendation from A(Agricultural)Zone District to the Pioneer PUD(Planned Unit Development)for
a maximum of 9,455 residential dwelling units, commercial uses up to 200,000 square feet, 5 elementary
schools, 2 middle schools, 2 high schools, 12 local and community parks, wastewater and water storage
areas, and various agricultural and open space uses on a total of approximately 5073 acres is conditional
upon the following:
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• 1. Prior to recording the Change of Zone plat:
A. The applicant shall address the requirements(concerns)of the Department of Public Works,
as stated in the referral response dated August 27, 2007. At this point the Department of
Public Works is recommending denial of the application, pending additional information and
commitments. Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements(concerns)of the Department of Public Health
and Environment, as stated in the referral response dated August 21, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the Department of the Weld
County Sheriffs Office, as stated in the referral response dated July 15, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Department of Building
Inspections, as stated in the referral response dated July 30, 2007. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant shall address the requirements (concerns) of the Department of Paramedic
Services, as stated in the referral response dated July 18, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
• F. The applicant shall address the requirements(concerns)of the Office of the State Engineer,
as stated in the referral response dated July 18, 2006. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
G. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation,as stated in the referral response from FHU and Navjoy Consulting Services,
Inc., dated August 14, 2007. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
H. The applicant shall address the requirements(concerns)of the Colorado Water Conservation
Board, as stated in the referral response dated July 18, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
I. The applicant shall address the requirements(concerns)of the Colorado Division of Wildlife,
as stated in the referral response dated July 30, 2007. Some of the concerns highlighted by
the Division of Wildlife include that the applicant shall conduct a survey for the Burrowing
Owls' and for raptor nests to be completed prior to construction. Open space shall also be
kept in a natural vegetation and remain connected. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
J. The applicant shall address the requirements (concerns)of the Platte Valley Conservation
District, as stated in the referral response dated July 21, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
• Planning Services)
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• K. The applicant shall address the requirements(concerns)of the Town of Hudson,as stated in
the referral response dated August 9,2006. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
L. The applicant shall address the requirements (concerns) of the Town of Keenesburg, as
stated in the referral response dated July 30, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
M. The applicant shall address the requirements (concerns) of the RE-3J School District, as
stated in the referral responses dated September 12 and August 31,2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
N. The applicant shall address the requirements(concerns)of Kerr McGee Oil&Gas Onshore
LP, as stated in the referral response dated July 19, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Kerr McGee Oil&
Gas Onshore LP)
O. The applicant shall address the requirements (concerns) of Vanderwerf& Buchanan LLP
representing Anadarko E&P Company LP, as stated in the referral response dated July 24,
2007. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Vanderwerf&Buchanan LLP representing Anadarko E&P Company LP)
P. The applicant shall address the requirements (concerns) of the Farmers Reservoir &
Irrigation Company,as stated in the referral response dated July 11,2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
• (Department of Planning Services)
Q. The applicant shall address the requirements (concerns) of Xcel Energy, as stated in the
referral response dated August 2, 2007. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
R. The applicant shall address the requirements(concerns)of the Hudson and Southeast Weld
Fire Districts, as stated in the referral response from the Hudson Fire District dated August
22, 2007. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. The applicant shall also enter into an Intergovernmental Agreement
("IGA")with the Southeast Weld Fire County Fire Protection District, and the Hudson Fire
Protection District that shall provide for applicant to construct a separate interim residential
firehouse within each Fire District's jurisdiction, and then a permanent Fire Station within
each Fire District's jurisdiction, when certain triggers of development have occurred. In
addition, the IGA shall provide for the applicant to purchase the fire and emergency
equipment reasonably necessary to make each fire station fully functional and operational,
and shall purchase fire apparatus for each fire station necessary to meet the service
demands of each Fire District. The IGA also shall provide that the applicable special districts
with which the developer is involved shall levy a mill levy sufficient to meet the projected
operational needs of the fire stations, including hiring and maintaining paid firefighters to staff
the fire stations and capital improvements repair and replacement. The IGA shall be
submitted to the eligible electors of the applicable special districts with which the developer is
involved for approval during the May 2008 general special district election. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
•
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• R. The applicant shall submit to the Department of Planning Services a copy of an agreement
with the properties' 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. (Department of Planning Services)
S. The applicant shall submit to the Department of Planning Services,for review and approval,a
complete and revised set of Community Park standards that better reflect minimum adequate
services for these regional recreational facilities. This list should be prepared by a
professional parks planner and will be reviewed by Department of Planning Services to
ensure that a minimum adequate level of amenities (e.g., ballfields, tennis courts, etc.)are
provided. (Department of Planning Services)
T. The applicant shall either submit to the Department of Planning Services a copy of an
agreement with the Henrylyn Ditch stipulating that the ditch activities have adequately been
incorporated into the design of the site or indicate how the concerns of the ditch company
have been addressed. (Department of Planning Services)
U. The applicant shall either submit to the Department of Planning Services a copy of an
agreement with the Farmer Reservoir and Irrigation Ditch stipulating that the ditch activities
have adequately been incorporated into the design of the site or indicate how the concerns of
the ditch company have been addressed. (Department of Planning Services)
V. The Change of Zone plat map shall be submitted to the Department of Planning Services'for
recording within ninety(90)days of approval by the Board of County Commissioners. With
the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application. Acceptable CAD formats are.dwg, .dxf,and
.dgn(Microstation); acceptable GIS formats are .shp(Shape Files),Arclnfo Coverages and
• Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ...
(Group 6 is not acceptable). (Department of Planning Services)
W. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the
plat not be recorded within the required ninety(90)days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
2. The Change of Zone is conditional upon the following and that the plat shall be amended to include
the following prior to recording:
A. All sheets of the plat shall be labeled PZ-1125.
B. The applicant shall adhere to the plat formatting requirements in preparation of the Change of
Zone plat per Section 23-2-690,Article 3 of the Chapter 26,and Article 9 of Chapter 27 of the
Weld County Code.
C. The Planning Commission and Board of County Commissioner Certificates shall be revised
to be consistent with those shown in Appendix 26-P of the Weld County Code.
D. The Weld County's Right to Farm shall be placed on the plat as a plat note, found as
Appendix 22-E of the Weld County Code. (Department of Planning Services)
E. In the Open Space Summary Chart, clarify that the PUD is located in the SE Weld MUD(not
"SE-MUD"). Clarify the oil and gas reference to"508.2 acres—54.2 acres". Move the 1-acre
parks from the open space column to the parks column.
• F. A new"Infrastructure Facilities Zone District"shall be added to both the graphic and the Land
Use Chart, as discussed below. It should consist of PA-46 and PA-90, and be shown as a
different color on the color exhibit.
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• G. Approximately 7.5 acres of park space shall be added to the Planning Areas west of County
Road 49, distributed so that approximately 5.0 acres of park space is designated in the
Planning Areas both north and south of County Road 22. To do this,add an additional Public
Facilities Planning Area(park), and also enlarge PA-91. (Total acreage can be taken from
other areas east of County Road 49.)
H. All ditches must be appropriately labeled and dimensioned.
The submittal materials concerning water and wastewater services indicate the need for a
40-acre (surface area) re-use water storage reservoir. Clarify where this lake would be
located and propose an additional Infrastructure Facilities Planning Area for the area where it
is anticipated. (Department of Planning Services)
J. Remove the Bulk Standards Chart on Sheet 21 of the submittal, since it will be added to
Sheets 19 and 20 as part of the Development Standards. Revise the illustrative lots to
conform to changes made to the Bulk Standards. Revise labels to read: "Low Density
Residential Zone District (examples)" and `Medium Density Residential Zone District
(examples)".
K. Revise the Trail Plan to show dedicated trail connections to the school sites, particularly the
middle/high school site at PA-14.
L. Revise the Trail Plan to relocate the trail proposed through PA-19 so that is more clearly
shown as being along the eastern border of the Commercial Planning Area.
M. Revise the Trail Plan so that the trail ending at PA-86 continues north to Planning Areas PA-
101, PA-102, and PA-103.
• N. Revise the Trail Plan in the application submittal plat to show a dedicated east-west trail
connection between the main north-south trails shown on both the west side of County Road
49 and the east side. Because this additional trail connection will cross County Road 49,an
above-or below-grade connection shall be provided. A note indicating a grade-separated
crossing shall be added to the plans.
Q. Revise the Trail Plan to reflect a loop trail system that is consistent with the Southeast Weld
MUD Structural Land Use Map.
P. Revise Sheet 23 of the application submittal plat and the general notes to read: "The
following is a list of plant types generally allowed within the Pioneer PUD,consistent with the
Listing of Plant Materials for the SE Weld MUD, as indicated in Appendix 26-G of the Weld
County Code.
Q. The applicant shall remove all references to the Keenesburg Parkway from the plat maps.
R. The applicant shall either submit to the Department of Planning Services a copy of an
agreement with the properties mineral owners and lessees stipulating that the oil and gas
activities have adequately been incorporated into the design of the site,or indicate the 400'x
400'and the 800'x 800'drilling envelope locations per state statute. Showing the standard
envelope locations will substantially alter the PUD Zone Map, so if the default locations are
required at the time the zoning plat is to be recorded,then Weld County may require that the
application be re-reviewed at that time.
S. The applicant shall delineate a 350'radius from any existing oil and gas production facilities
or within a 25' radius of any plugged or abandoned oil and gas well in the Residential Zone
• Districts, unless an agreement with the properties mineral owners and lessees indicating an
alternative setback is provided.
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• T. The applicant shall delineate a 200' radius from any existing tank battery and 150' radius
from of any wellhead or within a 25' radius of any plugged or abandoned oil and gas well in
the Agricultural Zone Districts, unless an agreement with the properties mineral owners and
lessees indicating an alternative setback is provided.
3. The Change of Zone is conditional upon the following and that each of the following Plat Notes shall
be placed on the Change of Zone plat prior to recording:
A. The site specific development plan is for a Change of Zone application from the A
(Agricultural)Zone District to a PUD (Planned Unit Development)for a maximum of 9,455
residential dwelling units,commercial uses up to 200,000 square feet,5 elementary schools,
2 middle schools, 2 high schools, 12 local and community parks, wastewater and water
storage areas,and various agricultural and open space uses on a total of approximately 5073
acres. (Department of Planning Services)
B. A development phase may be made up of multiple Planning Areas or a portion of a Planning
Area. Planning Areas can comprise multiple Final Plan Filings. (Department of Planning
Services)
C. The configuration of lots, streets, parks and open space, and schools as depicted on the
Change of Zone map are to be used to determine consistency with the provisions of the
Southeast Weld MUD and the Weld County Comprehensive Plan. Final configuration of lots,
streets, parks and open space, and schools for each Planning Area shall be determined at
time of Final Plat. The general spacing for parks and schools show intent and shall be
maintained with Final Plat applications. (Department of Planning Services)
D. The overall maximum residential dwelling units as depicted in the Change of Zone shall not
• be exceeded. Densities may transferred in accordance with the PUD Amendment process
included herewith. (Department of Planning Services)
E. Street standards are established through the PUD development standards. All right of way
alignments and locations within the PUD may be modified during final plan platting so long as
the general intent and minimum traffic requirements for Weld County are met. (Department
of Planning Services)
F. Existing and proposed oil and gas facilities,associated setbacks, and access are subject to
operational agreements between the lease holder and land owners. (Department of Planning
Services)
G. Open Space tracts are non-buildable for residential structures or structures providing
habitable space. Open Space restrictions are permanent. To further the mutual interest of
residents, occupants and owners of this PUD,as well as the public, in the preservation of the
integrity of the Pioneer PUD,the provisions of the PUD District and Plan relating to the use of
land and the general location of Open Space shall be enforceable by the County.
(Department of Planning Services)
H. The maintenance of open space, parks, detention facilities, and tracts of land serving this
development shall be the responsibility of the metropolitan districts and/or a homeowners'
association. (Department of Planning Services)
WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Lot(s)may not be able to obtain building
permits to construct non-agricultural structures. All construction or improvements occurring
in the food plain as delineated on Federal Emergency Management Agency FIRM
• Community Panel Map 080266 0900 C, dated September 28, 1982, shall comply with the
Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld
County Code, as amended, and all applicable FEMA regulations and requirements as
described in 44 CFR Parts 59 and 60. (Department of Planning Services)
Resolution PZ-1125
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• J. An applicant shall submit a Flood Hazard Permit to the Department of Public Works for
review and approval prior to the issuance of any building and/or grading permit,for parcels
located within the floodplain or floodway. (Department of Planning Services)
K. All project phases shall have two points of access and a looped water system to allow proper
fire protection. (Department of Planning Services)
L. Water and sanitary services shall be obtained from the Resource Colorado Water and
Sanitation Metropolitan District serving the Pioneer Metropolitan Districts. (Department of
Public Health and Environment)
M. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Public Health and Environment)
N. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
the Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
O. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
• P. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration,the responsible party shall prepare a fugitive dust control plan,submit an
air pollution emissions notice,and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
Q. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat. (Department of Public Health and Environment)
R. The Pioneer Law Enforcement District shall be established and in operation prior to issuance
of building permits and sale of homes in the Pioneer Community. (Department of Planning
Services)
S. All signs including entrance signs shall require building permits. Signs shall adhere to the
approved sign plan. (Department of Planning Services)
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and
requirements of the service providers. (Department of Planning Services)
U. A separate building permit shall be obtained prior to the construction of any building. A plan
review is required for each building for which a building permit is required. Commercial
building plans shall bear the wet stamp of a Colorado registered architect or engineer.
Commercial building plans require a Code Analysis Data sheet, which is provided by the
Weld County Building Department. Residential building plans may be required to bear the
wet stamp of a Colorado registered architect or engineer. (Department of Building
Inspection)
V. Buildings shall conform to the requirements of the codes adopted by Weld County at the time
• of permit application. Current adopted codes include the 2006 International Residential
Code; 2006 International Building Code; 2006 International Mechanical Code; 2006
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Pioneer Communities Inc. &HP Farms LLC
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• W. International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
X. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open-hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
Y. Fire resistance of walls and openings,construction requirements, maximum building height
and allowable areas will be reviewed with the building plan review. Setback and offset
distances shall be determined by the Zoning Ordinance.(Department of Building Inspection)
Z. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. When measuring buildings to determine offset and setback requirements,
buildings are measured to the farthest projection from the building. Property lines shall be
clearly identified and all property pins shall be staked prior to the first site inspection.
(Department of Building Inspection)
M. Applicants for a building permit must provide a letter of approval from the Southeast Weld
Fire Protection District or Hudson Fire Protection District(as applicable)prior to construction.
(Department of Building Inspection)
• BB. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
CC. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
DD. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services,
any adopted Weld County Code and Policies, and all State and Federal requirements
applicable to the site. (Department of Planning Services)
DD. Due to the projected length of time the Applicant will need to complete full build-out of the
PUD area through the filing of several applications for final plans, the time frame set forth
in Section 27-8-50 for submitting such applications for final plans after approval of the PUD
Change of Zone Plat is hereby waived.
EE. Weld County will initiate no change to the land uses, Development Standards or PUD
Change of Zone Plat without the consent of the Applicant evidenced by an application for
such change submitted by the Applicant. It is understood that the Applicant may apply for
amendment to the PUD Zone District to modify the uses and standards of the PUD Zone
District, or to conform to requirements contained within the PUD Zone District
Development Standards. Any such modification proposed by the Applicant shall be in
conformance with the amendment procedures outlined in the Development Standards and
the Weld County Code.
• FF. PUD Final Plans shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
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• 4. The Change of Zone is conditional upon the following and that each of the following Development
Commitments shall be placed on the Change of Zone plat prior to recording:
STATEMENT OF DEVELOPMENT COMMITMENTS
Following approval of the Development Guide and Zoning Map, incorporated herein, and as the approved
zoning shall remain in effect, the following commitments applicable to the PIONEER PLANNED UNIT
DEVELOPMENT ("PUD") shall be binding upon Pioneer Communities, Inc., and HP Farms LLC ("the
developers of the Pioneer PUD, successors, and assigns), including any special districts in which said
owners may participate:
1) School Land. The developers of the Pioneer PUD,their successors and assigns shall dedicate to the
RE-3J School District (or other public or quasi-public entity mutually agreed upon by the School
District and Weld County) in fee simple absolute with marketable title at the time of platting or site
review,at no cost to such entity and upon their reasonable request, parcels in("Planning Areas")PA-
14, PA-25, PA-35, PA-53, PA-59, PA-73,and PA-88,for use as a school complex. Such parcels shall
be a minimum acreage in size as shown on the Land Use Chart on Sheet 5,and shall be dedicated in
a state useable for development, including adequate access,drainage, and grading. The developer
shall work directly with the School District RE-3J regarding the timing of land dedications for school
sites.
2) School Capital Facility Fee. The developers of the Pioneer PUD, their successors and assigns shall
enter into a voluntary Capital Facilities Fee Program with the School District to mitigate the impact of
this development on their school facilities, provided such a program is approved by the School
District.
3) Neighborhood Parks. The developers of the Pioneer PUD, their successors and assigns shall
• dedicate 1-acre parks (minimum total acreage) in each of the residential PA's found on Sheet 5.
Such sites shall be useable space for active park use and contain, at a minimum, the elements
indicated in Section 6.10 of the Development Standards.
4) Local Parks. The developers of the Pioneer PUD, their successors and assigns shall dedicate local
parks in PA's-10,34, 70, 75, 77, 83, 86,and 91,to be dedicated to the Pioneer Regional Metropolitan
District, or such other public entity as mutually agreed upon by Weld County and the Pioneer Regional
Metropolitan District, at the time of final plat or site plan review for the adjacent Planning Area. The
developers of the Pioneer PUD, their successors and assigns shall cause the construction of the
minimum amenity elements indicated in Section 6.20 of the Development Standards. Such parks
shall be substantively constructed at the time of completion of 50%of the residences in the adjacent
associated final plat or site plan review area.
5) Community Parks. The developers of the Pioneer PUD,their successors and assigns shall dedicate
the community park in PA-28 and PA-40, or, PA-58 and PA-62, to be dedicated to the Pioneer
Regional Metropolitan District, or such other public entity as mutually agreed upon by Weld County
and the Pioneer Regional Metropolitan District, at the time of the platting of the 3000th dwelling unit.
Dedication of the second community park (either PA-58 & PA-62, or PA-28 and PA-40) shall be
dedicated at the time of the platting of the 7000th dwelling unit. The developers of the Pioneer PUD,
their successors and assigns shall cause the construction of the minimum amenity elements indicated
in Section 6.30 of the Development Standards. Such parks shall be substantively constructed within
one year of the dedication of the land.
6) Major Trails. The developers of the Pioneer PUD, their successors and assigns shall dedicate and
• cause the construction of all major trails as shown on Sheet 22. Such trails shall be platted and
dedicated at the time of final platting of the associated Planning Area. The developers of the Pioneer
PUD, their successors and assigns shall cause the construction of the trails, in accordance with the
Resolution PZ-1125
Pioneer Communities Inc. &HP Farms LLC
Page 17
• development standards shown on Sheet 22, prior to completion of the first residential dwelling unit in
the adjacent associated residential Final Plan.
7) Emergency Services Land.
The developers of the Pioneer PUD,their successors and assigns shall dedicate a minimum one and
one-half(1%)acres site for a fire station within the portion of the Pioneer PUD lying within the South
East Weld County Fire Protection District's("SE Weld County FPD")jurisdiction in such Planning Area
as is mutually agreed upon by Weld County and SE Weld County FPD. Such site shall be dedicated
in fee simple absolute with marketable title at the time of platting or site review of the 500th residential
unit within SE Weld County FPD's jurisdiction, at no cost to SE Weld County FPD.
The developers of the Pioneer PUD, their successors and assigns shall dedicate a minimum one
and one-half(1'/) acres site for a fire station within the portion of the Pioneer PUD lying within the
Hudson Fire Protection District's("Hudson FPD")jurisdiction in such Planning Area as is mutually
agreed upon by Weld County and Hudson FPD. Such site shall be dedicated in fee simple
absolute with marketable title at the time of platting or site review of the 500th residential unit within
Hudson FPD's jurisdiction, at no cost to Hudson FPD.
8) Performance Assurances. Prior to approval of any final plats and any site plans within the Pioneer
PUD, a subdivision Improvements Agreement,in a form determined by the County,shall be submitted
for review and approval by Weld County.
9) General Public Improvements. The developers of the Pioneer PUD, their successors and assigns
shall provide the public improvements required internal to this PUD necessary to serve the
development including, but not limited to, streets, traffic control devises including traffic signals,
utilities, drainage improvements, street lights, curb, gutter, sidewalk improvements, right-of-way
landscaping, and parks. Maintenance of these improvements shall be the responsibility of the
• Pioneer Metropolitan Districts and/or Homeowners Association(s) as described with the final plan.
10) Dedication of Roads. The developers of the Pioneer PUD, their successors and assigns shall
dedicate in fee simple absolute with marketable title to the Pioneer Regional Metropolitan District, or
other public entity as determined by Weld County, all public road rights-of-way. Unless otherwise
noted, this dedication shall take place at the time of Final Plat for the adjacent or affected land
parcels.
11) Off-Site Transportation Improvements. When proposed platting of development within the Pioneer
PUD triggers the need for construction of off-site improvements, as identified and listed below(as
may be amended and approved by Weld County in the future in response to changing conditions, at
its sole discretion based on future traffic studies for the area),funding for those improvements shall
be secured and guaranteed by the developers or districts of the Pioneer PUD, their successors and
assigns, prior to approval of any Final Plat containing the minimum number of dwelling units and/or
commercial units triggering those improvements. In performing this obligation,Pioneer may pursue a
variety of funding options, including but not limited to,facility fees charged within the Pioneer Districts,
reimbursement agreements from benefiting properties, and establishment of regional authorities or
intergovernmental agreements. Failure to fund and cause construction of each or any of the off-site
improvements identified and listed below shall be cause for denial of any future Final Plat within the
Pioneer PUD as a whole that trigger each of those improvements, except where those plats do not
create any dwelling units and/or commercial units.
•
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• a) Weld County Road (WCR)49 Widening Project(Part 1).
• Trigger: Prior to the approval of the Final Plan containing the 1000"dwelling unit, the
developers of the Pioneer PUD, their successors and assigns, will cause construction and
completion of the widening of WCR 49 from WCR 22 south to Interstate 76.
• Project Description: Widen WCR 49 to four paved lanes with shoulders from WCR 22
south to Interstate 76 with additional lanes (turn lanes)for proposed Pioneer Communities
intersections at WCR 22, and WCR 20-1/2. The roadway design and approval will meet
all CDOT, Weld County, and other applicable jurisdictions' requirements and must include
commitments for full funding of the construction.
b) Weld County Road 49 Traffic Signal Project(Part 1).
• Trigger: Prior to the approval of the Final Plan containing the 1000th dwelling unit, the
developers of the Pioneer PUD, their successors and assigns, will cause construction and
completion of warranted traffic signals at the intersection of WCR 49 with WCR 22.
• Project Description: Construct full movement traffic signal at the WCR 49 intersection
with WCR 22. The roadway and signal design and approval will meet all Weld County,
and other applicable jurisdictions' requirements and must include commitments for full
funding of the construction.
c) Weld County Road 49— Interstate 76 Interchange Temporary Improvements Project.
• Trigger: Prior to the approval of the Final Plan containing the 1000th dwelling unit, the
developers of the Pioneer PUD, their successors and assigns, will cause construction and
• completion of a set of traffic signals at WCR 49 and Interstate 76 where warranted by
traffic study results.
• Project Description: The traffic signal set will include signalization for WCR 49 traffic
entering 1-76 on-ramps and for 1-76 traffic turning onto WCR 49. The signal design and
approval will meet all CDOT and Weld County or other applicable jurisdictions'
requirements and must include commitments for full funding of the construction.
d) Keenesburq Parkway Construction Project.
• Trigger: Prior to the approval of the Final Plan containing the first dwelling unit, east of
the half section line of Section 8, T2N, R64W (east of the Horse Camp Draw/Un-named
drainage), the developers of the Pioneer PUD, their successors and assigns, will cause
completion of the construction of a minimum 2 lanes of WCR 22 from WCR 49 east to
WCR 59, or otherwise to a lesser distance as agreed to by Weld County and the Town of
Keenesburg.
• Project Description: Construct WCR 22 from WCR 53 east to WCR 59, or to a lesser
distance as agreed to by Weld County and the Town of Keenesburg, to a minimum two
lanes. The roadway design and approval will meet all Weld County and other applicable
jurisdictions'requirements and must include commitments for full funding of the construction.
The developers of the Pioneer PUD, its successors and assigns, shall be
responsible for acquiring all ROW not already dedicated to the County, and shall be solely
responsible for preparation of all required designs, plans, and cost estimates for the
Keenesburg Parkway roadway and for commitments for full funding of the construction.
•
Resolution PZ-1125
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Page 19
• e) Weld County Road 49—Interstate 76 Interchange Feasibility Study Proiect.
• Trigger: Prior to the approval of the Final Plan containing the 1500th dwelling unit, the
developers of the Pioneer PUD, their successors and assigns,will provide to Weld County
or other applicable jurisdiction all supporting documentation necessary to initiate a 1601
Feasibility Study for Weld County Road 49— Interstate 76 Interchange Improvements.
• Project Description: The interchange improvements study and supporting documents will
include evaluation of southbound and northbound WCR 49 traffic entering 1-76 and will
evaluate 1-76 traffic exiting the interstate onto WCR 49. The study will include evaluation
of applicable roadway and overpass bridge widening needs, applicable on-ramp and off-
ramp widening needs, and improvements to the intersection of WCR 49 with the Union
Pacific Railroad (UPRR)tracks south of the interchange. The study will include
evaluation of signalization. The study will include interchange design and cost estimates.
The preparation costs of the Feasibility Study for Weld County Road 49— Interstate 76
Interchange Improvements, including preparation of all required documents, designs,
plans, and cost estimates shall be the sole responsibility of the developers of the Pioneer
PUD, its successors and assigns. Per Colorado Department of Transportation (CDOT)
1601 guidance and Weld County requirements, the Feasibility Study materials must
include identification and commitments for full funding of the I-76-WCR 49 interchange
construction.
f) Weld County Road 49— Interstate 76 Interchange Re-Construction Proiect.
• Trigger: Prior to the approval of the Final Plan containing the 2500th dwelling unit, the
developers of the Pioneer PUD, their successors and assigns, will cause construction and
completion of the re-construction of the Interstate 76 interchange at WCR 49 according to
• the 1601 Feasibility study plans and design recommendations approved by CDOT, Weld
County, and other applicable jurisdictions.
• Proiect Description: Interchange improvements to include provisions for south-and north-
bound WCR 49 traffic entering and exiting 1-76 and may include improvements to the
intersection of WCR 49 with the UPRR tracks south of the interchange consistent with the
1601 Study requirements. The roadway-interchange design and approval will meet all
CDOT, railroad, and Weld County or other applicable jurisdictions' requirements and must
include commitments for full funding of the construction.
g) Weld County Road (WCR)49 Widening Project(Part 2).
• Trigger: Prior to the approval of any Final Plan containing the 3000th dwelling unit or prior
to the approval of any Final Plan between WCR 22 and WCR 24 and adjacent to WCR
49, or at such time as the WCR 49 Level of Service drops below Level C as determined
by a traffic study on the segment of WCR 49 between WCR 22 and WCR 28, whichever
occurs first, the developers of the Pioneer PUD, their successors and assigns, will cause
construction and completion of the widening of WCR 49 between WCR 22 and WCR 24.
• Proiect Description: Widen WCR 49 to four paved lanes with shoulders between WCR
22 and WCR 24 with additional lanes(turn lanes)for proposed Pioneer Communities
intersections at WCR 22-1/2 and WCR 24. The roadway design and approval will meet
all Weld County, and other applicable jurisdictions' requirements and must include
commitments for full funding of the construction. The project will include construction of
full movement traffic signals at the WCR 49 intersections with WCR 22-1/2 and WCR 24.
The roadway and signal design and approval will meet all Weld County, and other
•
applicable jurisdictions' requirements and must include commitments for full funding of
the construction.
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• h) Weld County Road 53—Interstate 76 Interchange Feasibility Study Project.
• Trigger: Prior to the approval of the Final Plan containing the 3000th dwelling unit, the
developers of the Pioneer PUD, their successors and assigns will provide to Weld County
or other applicable jurisdiction all supporting documentation necessary to initiate a 1601
Feasibility Study for Weld County Road 53— Interstate 76 Interchange Improvements.
• Proiect Description: The interchange improvements study will include evaluation of
southbound and northbound WCR 53 traffic entering 1-76 and will evaluate 1-76 traffic
exiting the interstate onto WCR 53. The study will include evaluation of applicable
roadway and overpass bridge widening, applicable on-ramp and off-ramp widening, and
improvements to the intersection of WCR 53 with the UPRR tracks south of the
interchange. The study will include evaluation of signalization. The study will include
interchange design and cost estimates. The preparation costs of the Feasibility Study for
Weld County Road 53— Interstate 76 Interchange Improvements, including preparation of
all required documents, designs, plans, and cost estimates shall be the sole responsibility
of the developers of the Pioneer PUD, its successors and assigns. Per CDOT 1601
guidance and Weld County requirements, the Feasibility Study materials must include
identification and commitments for full funding of the I-76-WCR 53 interchange
construction.
i) Weld County Road 53 Construction Project.
• Trigger: Prior to the approval of the Final Plan containing the first dwelling unit, east of
the half section line of Section 8, T2N, R64W (east of the Horse Camp Draw/Un-named
drainage), the developers of the Pioneer PUD, their successors and assigns will cause
construction and completion of WCR 53 from WCR 24 south to Interstate 76.
• • Proiect Description: Construct WCR 53 to four paved lanes from WCR 22 south to
Interstate 76. The roadway design and approval will meet all CDOT, Weld County, and
other applicable jurisdictions' requirements and must include commitments for full funding
of the construction.
j) Weld County Road 53— Interstate 76 Interchange Construction Project.
• Trigger: Prior to the approval of the Final Plan containing the first dwelling unit, east of
the half section line of Section 8, T2N, R64W (east of the Horse Camp Draw/Un-named
drainage), the developers of the Pioneer PUD, their successors and assigns will cause
construction and completion of the Interstate 76 interchange at WCR 53 according to the
1601 Feasibility study plans approved by the CDOT, Weld County, and other applicable
jurisdictions.
• Proiect Description: Interchange improvements to include provisions for south-and north-
bound WCR 53 traffic entering and exiting 1-76 and may include improvements to the
intersection of WCR 53 with the UPRR tracks south of the interchange. The roadway-
interchange design and approval will meet all CDOT, railroad, and Weld County or other
applicable jurisdictions' requirements and must include commitments for full funding of
the construction.
k) Weld County Road 22 Construction Proiect.
• Trigger: Prior to the approval of the Final Plan containing the first dwelling unit in Section
8, T2N, R64W, the developers of the Pioneer PUD, their successors and assigns will
• cause construction and completion of a minimum 2 lanes of WCR 22 from WCR 49 east
to WCR 53.
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• • Project Description: Construct WCR 22 to a minimum two paved lanes with additional
lanes(turn lanes)at proposed intersections with WCR 22, WCR 51, and WCR 53, or
equivalent collector status streets. The roadway design and approval will meet all Weld
County and other applicable jurisdictions' requirements and must include commitments
for full funding of the construction.
I) Weld County Road 28 Construction Project.
• Trigger: Prior to the approval of the Final Plan containing the first dwelling unit in Section
32, T3N, R64W, the developers of the Pioneer PUD, their successors and assigns will
cause construction and completion of a minimum 2 lanes of WCR 28 from WCR 49 to the
intersection with WCR 53.
• Project Description: Construct WCR 28 to a minimum two paved lanes with additional
lanes (turn lanes)at WCR 49 east to the northeast corner of Section 32 at the intersection
with WCR 53. The roadway design and approval will meet all Weld County and other
applicable jurisdictions' requirements and must include commitments for full funding of
the construction.
m) Weld County Road 49 Widening Project(Part 2).
• Trigger: Prior to the approval of the Final Plan containing the first dwelling unit in Section
32, T3N, R64W, the developers of the Pioneer PUD, their successors and assigns will
cause construction and completion of the widening of WCR 49 from WCR 28 south to the
previously improved intersection of WCR 24 and WCR 49. The developer will construct
warranted traffic signals at the intersection of WCR 49 with WCR 28 if deemed necessary
by a future traffic study.
• • Project Description: Widen WCR 49 to four paved lanes with additional lanes (turn lanes)
at WCR 28. The developer will construct warranted traffic signals at the intersection of
WCR 49 with WCR 28. The roadway and signalization design and approval will meet all
Weld County and other applicable jurisdictions' requirements and must include
commitments for full funding of the construction.
5. The Change of Zone is conditional upon the following and that each of the following Development
Standards shall be placed on the Change of Zone plat prior to recording:
•
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• PIONEER DEVELOPMENT STANDARDS
INTENT
Pioneer embraces the western-agrarian character of Colorado's Front Range through the use of
open space, parks, trails, traditional town center design and housing options to ensure an
inclusive and active community of families and individuals.
This western heritage will be captured through the preservation of prime irrigated farmland and
the residential opportunities, including traditional single family detached housing that will include
architectural features from Colorado's early statehood period (1880 through 1920). Additionally,
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the development of the Pioneer Commercial area will include a traditional "main street"
component containing shops restaurants and offices accessed by on street parking.
Innovative irrigation techniques and plant selections will provide adequate water for urban
landscaping as well as crop production in the and Rocky Mountain west. Homes and
businesses will benefit from a thoughtful design of the parks and open space intended to provide
easy and safe access to trails, schools and active recreational spaces that will serve the
community's residents.
All multi-family residential uses and all non-residential uses shall require processing and
• approval of an administrative Site Plan Review with Weld County, unless a Use by Special
Review is otherwise required. All Uses by Special Review, and uses requiring Site Plan Review,
shall be subject to the applicable special use or site plan review process defined in the Weld
County Code, as amended.
Uses in all zone districts include any other uses similar in nature to the uses set forth herein, as
may be determined by the Weld County Director of Planning. Words and phrases used in these
Development Standards shall be assigned their ordinary, contemporary meanings, except when
in all capital letters; such words or terms in all capital letters shall be as defined in the Weld
County Code, Chapter 23 ("Zoning definitions"), as amended.
Section 1
Pioneer Agricultural Zone District
The Pioneer Agricultural District shall conform to Article III, Division 1 A(Agricultural Zone
District) of the Weld County Zoning Ordinance, as amended, except as modified below.
1.10 Intent
All uses by right or by special review within the Agricultural Zone District shall be directly
or indirectly related to agriculture business or industries. [Applicant to propose additional
intent language here, to be reviewed and approved by Weld County]
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• 1.20 Uses Allowed by Right:
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE
shall hereafter be erected, structurally altered, enlarged or maintained in the A
(Agricultural)Zone District except for one (1) or more of the following USES. Land in the
A(Agricultural)Zone District is subject to the schedule of bulk requirements contained
below. USES within the A(Agricultural)Zone District shall also be subject to the
additional requirements per the Weld County Code.
A. One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per
LEGAL LOT.
B. One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a
parcel of land created under the provisions of the Weld County Code.
C. FARMING, RANCHING and GARDENING.
D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery
stock raised on the premises.
E. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and
nursery stock not raised on the premises and not for sale on said premises.
F. OIL AND GAS PRODUCTION FACILITIES.
• G. Open space, trails, and PUBLIC parks.
H. Water wells and appurtenances.
I. Alcohol production which does not exceed ten thousand (10,000)gallons per
year, provided that alcohol and by-products will be used primarily on the owner's
or operator's land.
J. TEMPORARY group assemblages subject to the Weld County Code.
K. Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvement project.
L. MOBILE HOME subject to the additional requirements of the Weld County Code.
M. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC
road improvement project. In addition, sand, soil and aggregate MINING,
regardless of the use of the material, which qualifies for a single limited impact
operation (a 110 permit)or is exempt from any permits from the Division of
Minerals and Geology, generates no more than five thousand (5,000) cubic yards
of material per year for off-site use and does not involve crushing, screening or
other processing. An Improvements Agreement, as determined by the
Department of Public Works, may be required prior to commencement of
operations.
•
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N. MANUFACTURED HOME subject to the additional requirements of the Weld
• County Code.
O. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum
number of ANIMAL UNITS permitted in the Weld County Code is not exceeded.
P. Commercial towers subject to the provisions of the Weld County Code. However,
one (1)amateur(HAM) radio operator's crank-up antenna may be extended to a
maximum of one hundred fifty(150)feet in height, provided that its resting or
"down" position does not exceed seventy(70)feet in height.
1.30 Accessory Uses:
The following BUILDINGS,STRUCTURES and USES shall be allowed in the A(Agricultural)
Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed By
Right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES
must be designed, constructed and operated in conformance with the bulk requirements
contained below. In no case shall such an accessory building exceed twice the GROSS
FLOOR AREA of a primary use on the lot, except by variance. ACCESSORY USES within
the A (Agricultural) Zone District shall also be subject to any additional requirements
contained in the Weld County Code.
A. STRUCTURES for storage of equipment and agricultural products. Converted,
• partially dismantled, modified, altered or refurbished MOBILE HOMES or
MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT
BUILDING or for the storage of equipment or agricultural products
B. MOBILE HOMES use as SINGLE-FAMILY DWELLINGS for persons customarily
employed at or engaged in FARMING, RANCHING OR GARDENING,subject to the
additional requirements of the Weld County Code.
C. HOME OCCUPATIONS.
D. ANIMAL UNITS,of the type and amount indicated for the Agricultural Zone District in
the Weld County Code, as amended.
E. OFFICE incidental to the operation of the Uses Allowed by Right.
F. Roadside stands when the products offered for sale are grown on the premises.
Such stands shall be situated not less than fifty(50)feet from the PUBLIC right-of-
way.
G. SIGNS
H. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation
of a Use Allowed by Right in the A(Agricultural)Zone District.
•
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• 1.40 Uses by Special Review:
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the A (Agricultural)Zone District upon approval of a permit in
accordance with the requirements and procedures set forth in the Weld County Code.
A. MINING or recovery of other mineral deposits located in the County, subject to the
provisions of the Weld County Code.
B. Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
1. Sorting, grading and packing fruits and vegetables for the grower.
2. Grain and/or feed elevators.
3. Crop dusting or spraying operations facilities (includes hangars, landing strips,
fertilizer storage facilities, insecticide storage facilities,fuel storage facilities and
OFFICES ACCESSORY to the crop dusting or spraying operation).
4. Grain and feed sales.
5. Commercial grain storage and drying.
6. Fertilizer storage, mixing, blending and sales.
7. Seed production, processing, storage, mixing, blending and sales.
8. Animal training and boarding facilities where the maximum number of ANIMAL
UNITS exceeded the number permitted by the Weld County Code or when the
use adversely impacts surrounding properties, including noise, odor, lighting or
glare, traffic congestion or trash accumulation.
9. Alcohol production exceeding ten thousand(10,000)gallons per year or the sale
• or loan of alcohol occurring to any other person not involved in the alcohol
production operation.
10. Forage dehydration facilities.
C. Administrative OFFICES or meeting halls for agricultural organizations.
D. Solid waste transfer sites and recycling centers for domestic use.
E. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in
the Weld County Code are exceeded and/or the traffic that is generated by the
boarding activity exceeds sixty(60)trips per day to and from the property.
F. PROCESSING.
G. RESEARCH LABORATORY.
H. WIND TURBINES.
One(1)or more microwave, radio,television or other communication transmission or
relay tower over seventy (70) feet in height per LOT, subject to the additional
requirements contained in the Weld County Code.
J. Disposal of domestic sewage sludge subject to the additional requirements of the
Weld County Code.
•
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• K. Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of
the Weld County Code.
L. MAJOR FACILITIES OF A PUBLIC UTILITY. Public and semi-public water storage
facilities, including but not limited to reservoirs and above-ground water tanks
together with all necessary appurtenances, wastewater treatment facilities and water
treatment facilities, and other facilities meeting this definition.
1.50 Bulk requirements
Front Setback Minimum 20'
Side & Rear Setbacks 3', or 1'for each 3' of BUILDING HEIGHT,
whichever is greater
Lot size 80 acres
Separation between permitted 10'
uses
Height of structure (no limit)
Section 2
Residential Zone Districts (Low Density, Medium Density, High Density Planning Areas)
2.10 Intent
Residential use is the largest land use within Pioneer. The intent of these standards is to
• establish the bulk standards for a variety of residential uses ranging from large lot
residential at one dwelling unit per acre to apartments/condominiums at 10 dwelling units
per acre. The Pioneer Residential Zone Districts are Residential-Low Density,
Residential-Medium Density and Residential High Density. In order to maintain flexibility
during the proposed multiyear build out period, densities within individual Planning Areas
may be modified administratively as indicated herein. The following standards shall
apply to the Residential Zone Districts of Pioneer.
2.20 Uses Allowed by Right in the Low Density Residential Planning Area
A. One (1) SINGLE FAMILY DWELLING per legal lot
B. Neighborhood parks, open space and non-commercial RECREATIONAL FACILTIES
C. Civic facilities, including police stations and fire stations
D. CHILD CARE CENTER
E. Entry monumentation including signage and landscaping pursuant to the standards
set in the signage standards below
2.30 Uses Allowed by Right in the Medium Density Residential Planning Area
A. All uses allowed by right in the Low Density Residential
• B. 2.5 to 6.5 detached or attached dwellings per acre, including townhomes and
apartments, pursuant to the bulk requirements of Section 2.80
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• 2.40 Uses Allowed by Right in the High Density Residential Planning Area
A. All uses allowed by right in the Low Density Residential
B. 5 to 10 detached or attached dwellings per acre pursuant to the bulk requirements of
Section 2.80
2.50 Accessory Uses (All Residential Districts):
A. Garages, carports, and parking, per the Weld County Code, as amended
B. Swimming pools, tennis courts and similar non-commercial RECREATIONAL
FACILTIES.
C. HOME OCCUPATIONS
D. Other STRUCTURES or USES clearly incidental and ACCESSORY to a use allowed
by right in the district
2.60 Temporary Uses (All Residential Districts):
A. Office incidental and necessary for the sale/leasing / marketing of new construction
B. Construction yards including contractor offices and security trailers
• C. Seasonal outdoor display
D. FARMING, RANCHING and GARDENING.
2.70 Uses by Special Review (All Residential Districts):
A. OIL AND GAS PRODUCTION FACILITES
B. PUBLIC and Private SCHOOLS
C. CHURCHES
D. MAJOR FACILITY OF A PUBLIC UTILITY
2.80 Bulk Requirements:
Low Density Residential Medium Density High Density Residential
Residential
Minimum & 1.0-3.5 2.5-6.5 5.0- 10.0
Maximum
Density
(Dwelling
Units per
Arce)
• Minimum Lot 6000 sf n/a n/a
Size
Minimum 6000 sf 3,200 for detached units n/a
Land Area 2,000 for attached units
Per Unit
Min.Setback
• Front
(or corner lot 15' (24' garage) 15' (24'for single-family 15' (24'for single-family
side) detached dwelling unit detached dwelling unit
garage ) garage )
Rear 20' (24' detached garage) 10' (24'for single-family 10' (24'for single-family
detached dwelling unit detached dwelling unit
garage ) garage )
Side 5' 5' 5'
Maximum
Building 40' 40'for detached 50'
Height 45'for attached
Maximum Lot 50% 60% 60%
Coverage
Building Multiple buildings on one lot: Greater of 10', or one half
Separation 10' (1/2)the height of the taller of the two buildings.
Note: All structures, including all appurtenances, shall meet setbacks.
Note: Structures may be allowed at the setback line only when all other criteria such as drainage,
access, and utilities spacing can be achieved.
Section 3
Pioneer Commercial Zone District
• 3.10 Intent
The intent of the Pioneer Commercial Planning Area is to provide adequate land and
flexibility for retail, commercial and office to serve the residents of Pioneer. Entry
features, landscaping, trails, parking orientation and building materials shall be
incorporated to provide an innovative and comprehensive development package. Final
design of the Pioneer Commercial Area shall be subject to the Weld County Site Plan
review process.
3.20 Uses Allowed by Right.
A. Institutional and community service uses, including but not limited to cultural arts
facilities, CHILD CARE CENTERS, public and private schools, including technical,
trade and universities, nonprofit clubs, CHURCHES, police and fire stations, and post
office facilities.
B. Banks and financial institutions, with or without drive-through facilities.
C. COMMERCIAL RECREATION FACILITIES inside and outside. (Outside uses --
limited to tennis courts, ice-skating rinks, batting cages or other similar uses.)
D. Entertainment facilities such as theaters, concert halls, and cultural facilities.
•
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• E. Service businesses and office uses including corporate campus, general offices, and
medical clinics, with or without drive-through facilities.
F. Personal service establishments.
G. Retail sales, including general and wholesale merchandise, furniture, food and liquor
sales.
H. RESTAURANTS, including drive-through and DRIVE-IN RESTRAURANTS.
I. Public facilities and utility service facilities, including commercial communications
facilities, wireless telecommunication uses, electric substations, local utilities, water
storage and treatment facilities.
J. Parks, open space and playgrounds and recreation centers or facilities and other
public outdoor uses.
K. Commercial parking lots.
L. Clubhouse and recreational facilities.
M. Public gathering areas.
N. Transportation Stations and associated parking and facilities.
• 3.30 Accessory Uses.
A. Telecommunication antennas, dish or current technology as an attachment or
accessory to structures.
B. All other STRUCTURES or USES clearly incidental and ACCESSORY to a use
allowed by right in the district.
3.40 Temporary Uses.
A. Construction yards including temporary batch plants and contractor office(s).
B. Sales/leasing and/or marketing trailers.
C. Seasonal outdoor display.
D. FARMING, RANCHING and GARDENING.
3.50 Uses by Special Review.
A. Commercial communication towers over 70'.
B. Oil and gas well sites and production wells.
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• 3.60 Setbacks and bulk standards.
Minimum Setbacks as measured from the property line of the Pioneer Commercial Zone
District irrespective of internal property lines, rights of way, streets or drives are as
follows:
Setbacks: front, side, rear (from zone Minimum 25'
district only)
Lot size (no minimum)
Separation between permitted uses (none)
Height of structure Maximum 50'
Lot coverage Maximum 85%
Square footage 200,000 sq ft total in zone district
Floor Area Ratio (F.A.R.) Maximum 0.25
All setbacks are measured from the priority line of the Pioneer Commercial Zone District irrespective of
internal property lines, rights-of-way, streets or drives.
3.70 Lot Coverage
Maximum lot coverage shall be 85 percent. Above-ground parking structures, surface
parking lots, underground parking structures, buildings, and major hardscape features
shall be included in lot coverage calculations. Land used for growing plants, typical
sidewalks and pathways, decorative mulch, and otherwise LANDSCAPED shall not be
included in lot coverage calculations. The maximum square footage of development
•
within the Pioneer Commercial Zone District shall not exceed 200,000 square feet of
commercial uses.
3.80 Landscaping
As part of the Site Plan review process, a landscape plan for the Pioneer Commercial
Planning Area shall be submitted demonstrating compliance with parking lot landscape
standards in Section 26-3-60 (Southeast Weld MUD standards)of the Weld County
Code, as amended.
3.90 Signage
Signage within the Pioneer Commercial Zone District shall be part of the Site Plan
process. The Developer shall prepare a comprehensive signage plan that shall
demonstrate compliance with Section 26-3-80 of the Southeast Weld MUD standards
and otherwise with the provisions of Article IV, Division 2 --Signs of the Weld County
Code as may be amended applicable to the C-3 zoning districts.
Section 4
Pioneer Public Facilities Zone District
4.10 Intent:
The Public Facilities Zone District is intended to provide locations within Pioneer for
public parks and open space, trails, playgrounds, active ball fields, recreation centers,
• and other play areas and facilities, as well as schools, police, fire and emergency service
facilities to meet the need of the residents of Pioneer.
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4.20 Uses Allowed by Right:
• A. Local Public Parks, subject to Development Commitments herein
B. Community Public Parks, subject to Development Commitments herein
C. Trails, subject to Development Commitments herein
D. Open Space
E. Public/Private Schools
F. Non-commercial community/neighborhood RECREATIONAL FACILITIES
4.30 Accessory Uses:
A. Athletic fields and stands
B. Parking
C. Concession stands
D. Tennis Courts
E. Skating Rinks
• F. Skateboard Parks
G. Picnic Pavilions
H. Administrative Offices
I. Bus Barns
J. Restrooms
K. Fire, police, and other emergency facilities, including sub-stations, provided that
such facility is designed as an integral part of the primary or principle structure
4.40 Uses by Special Review:
A. Oil and Gas Facilities
4.50 Setbacks and bulk standards.
Front Setback Minimum 20'
Side & Rear Setbacks 3', or 1'for each 3' of BUILDING HEIGHT,
whichever is greater.
Lot size 6,000 sf
Separation between permitted 10'
• uses
Height of structure (no limit)
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• Section 5
Pioneer Infrastructure Facilities Zone District
5.10 Intent
[Applicant to propose intent language here, to be reviewed and approved by Weld
County.]
5.20 Uses by Right
A. Public and semi-public water storage facilities
B. Water wells and appurtenances
C. Pump stations
D. Well houses
E. Sewer treatment facilities
F. MAJOR FACILITIES OF A PUBLIC UTILITY
G. Administration buildings
H. Parking lot
• I. FARMING, RANCHING and GARDENING.
J. Cultivation and sale of crops, vegetables, plants, flowers and nursery stock raised
on the premises.
K. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and
nursery stock not raised on the premises and not for sale on said premises.
L. Open space, trails, and PUBLIC parks.
M. Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvement project.
5.30 Uses by Special Review
A. OIL AND GAS PRODUCTION FACILITIES
5.40 Setbacks and bulk standards
Front Setback Minimum 20'
Side & Rear Setbacks 3', or 1'for each 3' of BUILDING HEIGHT,
whichever is greater.
Lot size 1 acre
Separation between permitted 10'
• uses
Height of structure (no limit)
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• Section 6
General Development Standards
6.10 Neighborhood Parks (located within Residential & Commercial Zone Districts)
The Change of Zone Plat depicts many one-acre place holders for parks/open space. In
those Planning Areas there shall be one or more Neighborhood Parks totaling one acre
that shall be located and committed to at the time of final planning for that Planning Area.
Said Neighborhood Parks shall count toward the 20% dedication requirement for Pioneer.
Standards for the Neighborhood Parks shall be as follows:
Minimum Size of Neighborhood Parks: .25 acres
Maximum Size of Neighborhood Parks: 1.00 acre
Neighborhood Park Development Commitments:
The following elements shall be required:
A. Open Play Field
B. Sidewalk or Trail
C. Site Furniture: Bench(es), trash enclosures, bike rack, and picnic table(s)
D. Automatic Irrigation: head to head coverage for all turf areas and drip irrigation for
all tree and shrub groupings.
• 6.20 Local Parks (Planning Areas PA-10, PA-34, PA-70, PA-75, PA-77, PA-83, PA-86, PA-
91)
Local Parks shall be between 5 and 30 acres in size. The following is a list of program
elements that are required to be provided within a Local Park in Pioneer and are subject
to site plan review. Local Park plans are subject to County Site Plan approval.
A. Playground equipment for ages 2-5 and ages 5-12 (minimum 4000 square feet,
each age group)
B. Informal multi-purpose field
C. Loop trail system (5'wide)
D. Picnic pavilion with seating for a minimum of 15 people
E. Benches (as needed)
F. Trash receptacles (as needed)
G. On street parking (no parking lot required)
H. Landscaping with automatic irrigation system
• I. Park sign
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• J. Restrooms
K. Tress, shrubs, grass, sidewalks, pathways, decorative mulch, and other
LANDSCAPING shall be provided on no less than 85% of the site, in quantities
and quality appropriate for active park usage. Hardscape elements consisting of
parking lots, structures, and major built features shall not be included in lot
coverage calculations.
The program elements shown above may be modified in parks located adjacent to
school sites in order to avoid duplication with equipment located on the school site.
6.30 Community Parks (Planning Areas PA-28 & PA-40, PA-58 & PA-62)
The following is a list of program elements that will be required within the Community
Parks in Pioneer. Additional items may be added at the discretion of the developer.
[Applicant to propose minimum standards, inserted here, to be reviewed and approved
by Weld County.]
The program elements shown above may be modified in parks located adjacent to
school sites in order to avoid duplication with equipment located on the school site.
6.40 Entryway Signage and Landscape Theming Standards
The Entry Feature Location Map attached as part of the Change of Zone (Sheet 22)
depicts a hierarchy of project identification locations. The following standards shall be
applicable in the specific areas:
• Type A Signaqe: Sign face shall not exceed 48 square feet, exclusive of base, with a
maximum of two faces per sign. A sign face may contain more than one section or
plaque as long as the total sign face square footage does not exceed the requirements
above. Maximum height above finished grade shall not exceed 8 feet. Sign may be
illuminated, but with no exposed bulbs or neon.
Type B Signaqe: Sign face shall not exceed 12 square feet, exclusive of base, with a
maximum of two faces per sign. A sign face may contain more than one section or
plaque as long as the total sign face square footage does not exceed the requirements
above. Maximum height above finished grade shall not exceed 8 feet. Sign may be
illuminated, but with no exposed bulbs or neon.
Type C Signaqe: [Applicant to propose standards, inserted here, to be reviewed and
approved by Weld County, or to eliminate this sign type.]
Neighborhood Monumentation Signs: Two allowed per entrance to a neighborhood off of
a collector or arterial street. Sign face shall not exceed 32 square feet, exclusive of
base, with a maximum of two faces per sign. A sign face may contain more than one
section or plaque as long as the total sign face square footage does not exceed the
requirements above. Maximum height above finished grade shall not exceed 8 feet. Sign
may be illuminated, but with no exposed bulbs or neon.
•
Resolution PZ-1125
Pioneer Communities Inc.& HP Farms LLC
Page 35
• 6.50 General Landscaping Standards
Unless otherwise amended herein, Pioneer shall adhere to the standards set forth in
Section 26-3-60 of the Weld County Code (Southeast Weld MUD standards), as
amended. Unless a use requires processing of a Site Plan Review or a Use by Special
Review, landscape plans shall be submitted and reviewed by the County in conjunction
with processing of the Final Plat for that lot or parcel.
6.60 Streetscape Standards:
Streetscape landscaping for the Pioneer development shall be as follows. Any
landscaping material located from the back of curb to the rear of the adjacent lots, is
considered to be streetscape. Landscape quantities shall be measured using a Tree
Equivalent(T.E.) system. One (T.E.) is equal to one deciduous, ornamental or
evergreen tree. One T.E. can also equal ten (10) 5-gallon deciduous or evergreen
shrubs or ten (10) 1-gallon ornamental grasses. Arterial and collector roads shall have, at
a minimum, one T.E. per sixty(60) linear feet. If a median is located along the road, the
landscaping within the median shall be allowed to count towards the streetscape
requirement. Lots on local roads shall have one tree per front yard and one tree per forty
(40) linear feet on all side lots that are adjacent to a street or adjacent to a tract.
6.70 Parking Spaces Required for Uses
Use Number or Spaces
Banks, business professional and public
OFFICES 1 space/300 sq.ft.GROSS FLOOR AREA
• Bowling alleys 4 spaces each alley
Churches or places of worship 1 space/4 seats of rated seating capacity
DWELLING UNITS, DUPLEX 2 for each LIVING UNIT
DWELLING UNITS, MULTI-FAMILY 2 for each LIVING UNIT
DWELLING UNITS,SINGLE-FAMILY 2 for each LIVING UNIT
DWELLING UNITS,TRIPLEX 2 for each LIVING UNIT
HOTELS and MOTELS 1 space/unit, plus additional spaces required by this schedule for
Restaurants, etc.as required
MEDICAL AND DENTAL CLINICS 1 space/250 sq.ft. GROSS FLOOR AREA
Mortuaries and funeral parlors 1 space/100 sq.ft.of areas open to the public, plus spaces for
mortuary vehicles, plus 1 space/2 employees
OFFICE 1 space/300 sq ft gross floor area
Nursing homes and rehabilitation centers 1 space/1,000 sq.ft.GROSS FLOOR AREA plus 1 space/employee
present during busiest shift.
Pre-SCHOOLS and CHILD CARE CENTERS 1 space/employee
Primary SCHOOLS (private, parochial,
PUBLIC) 1 space/employee
RESTAURANT 1 space/4 indoor seats,a minimum of 20 spaces shall be provided
Retail sales and service 1 space/250 sq ft gross floor area
• Secondary SCHOOLS(private, parochial,
PUBLIC) 1 space/employee, plus 1 per 5 students
Trade or business SCHOOLS and other post- 1 space/employee, plus 1 for each student for the schools highest
secondary educational institutions rated classroom capacity
Any land use activity not otherwise identified in A number of spaces determined by the Department of Planning
• Weld County Code Section 23-4-40, as Services to be reasonably necessary;the requirements shall be
amended consistent with the requirements set forth above for comparable
USE activities
On-street parking along local commercial streets within the Pioneer Commercial Zone District shall count
toward required off street parking requirements for uses within 200 feet.
Section 7
Amendment of the PIONEER PUD
Amendments to the approved Pioneer PUD Change of Zone can occur either as a "Minor
Pioneer PUD Amendment,"which shall be an administrative matter, or a "Major Pioneer PUD
Amendment,"which requires Planning Commission and Board of County Commissioner review
and action.
7.10 Minor Pioneer PUD Amendments
A. Minor PUD Amendment Defined
This Pioneer PUD Change of Zone allows for modifications to the approved
Pioneer PUD Change of Zone Plat and supporting materials administratively
upon a finding by Weld County, at its sole discretion, that one or more of the
following factors apply:
1. Modification of Planning Area boundaries to account for topography,
roadway geometry and other minor dimensional variations provided that
the acreage contained within each Planning Area is consistent(within one
• acre)with the approved acreages for the specific Planning Area shown of
the approved Change of Zone Plat.
2. Modifications Required by County or Outside Referral Agencies as a
result of more refined land use planning and infrastructure needs resulting
in a different configuration of Planning Areas.
3. Density Transfer among Planning Areas shall be permitted as a minor
amendment provided that all of the following factors are present:
a. No single Planning Area may exceed 10 du/acre within Pioneer.
b. The Planning Area from which and to which the density is transferred
must be identified and accounted for in a Density Transfer Tracking
Table on all Final Plans.
c. Each time a density transfer occurs, the developer shall submit a
comprehensive chart"Density Transfer Tracking Table" summarizing
the current status of densities within each Planning Area for review by
the Planning Department.
d. The maximum number of units that can be constructed within the
entire Pioneer PUD shall not exceed the total number depicted on the
approved Change of Zone plat.
• e. No density transfer resulting in increased density shall be permitted for
the following Planning Areas: 54, 71, 72, 80, 81, and 82.
Resolution PZ-1125
Pioneer Communities Inc. &HP Farms LLC
Page 37
• f. No density transfer of greater than 15% of the approved Planning Area
density of any single Planning Area may be approved administratively.
B. Procedure for Administrative Amendments
1. All applications for a Minor PUD Amendment shall provide the following,
unless specifically waived by the Director of Planning:
a. A vicinity map with location of proposal identified.
b. An amendment history including case numbers of previous
amendments to the Pioneer PUD Change of Zone and detailed
information regarding the change(s) proposed. The information
shall include a detailed description of the original and proposed
element.
c. A draft plat, with graphic changes (if applicable), and changes to
the Land Use Chart, depicting revised acreages.
d. A note on the graphic stating "All other original terms, conditions
and notes of the Pioneer Change of Zone approved on will
remain in full force and effect as previously executed by Owners
and Weld County.
• 2. Upon receipt of a complete application for a Minor PUD Amendment, the
Weld County Planning Department shall refer the request to all other
applicable referral agencies for a 28-day review and comment period. At
the same time the Planning Department may elect to refer the Minor
Amendment request to adjacent property owners and registered
homeowners associations for review and comment. Upon the expiration
of the 28-day period, the Planning Department shall deliver all comments
back to the Applicant and the Applicant shall make any necessary
changes to the request and resubmit for final Planning Department
review. Upon resubmittal the Planning Department shall have 30 days to
determine whether the Applicant has made the necessary changes to
address the objective comments of the referral agencies. If in the
determination of the Planning Department, the Applicant has addressed
the comments, the Planning Department shall request mylars for
execution and recording. If the Planning Department determines that the
Applicant has failed to address objective comments, the Planning
Department shall either approve the request as submitted or deny the
request stating the reasons for the denial. In the event of a denial the
Applicant has 30 days in which to appeal the Planning Department's
denial to the Board of County Commissioners for a de-novo determination
of the application request.
•
Resolution P2-1125
Pioneer Communities Inc. &HP Farms LLC
Page 38
• 7.20 Major Pioneer PUD Amendments
Any other amendment other than those specifically set forth above shall be considered
major, and shall follow the applicable procedures of the County Code for Change of Zone
applications.
6. The following items shall be addressed at the time of submittal of any Final Plan applications:
A. Permanent restroom and hand washing facilities shall be provided within easy access of the
public gathering areas. Describe the type and location of all permanent restroom and hand
washing facilities available within easy access of public gathering areas. This shall be
submitted at Final Plat application. (Department of Public Health and Environment)
B. All planning areas, commercial areas, public facilities planning areas and school areas shall
have direct trail connectivity. Provide a layout similar to the approved Sketch Plan
documents demonstrating there is trail connectivity to all planning areas and school sites.
This layout shall be submitted at Final Plat application. (Department of Public Health and
Environment)
C. Per the Colorado Geological Survey letter dated October 24, 2006, the applicant shall
address how the recommendation for laboratory testing and analysis to develop foundation
and floor system design criteria will be incorporated as development requirements. The
applicant should identify conditions during development to ensure the construction of
individual perimeter foundation drain systems,and formal notification of future homeowners
to the potential nuisance factors associated with oil/gas facilities. (Colorado Geological
Survey)
• D. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. Easements shall follow rear and side
lot lines and shall have 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. (Department of Planning Services)
E. The applicant shall submit to the Department of Planning Services a copy of the set of
Covenants, Controls&Restrictions;commitment to serve documentation from the applicable
Metropolitan District(s); the Law Enforcement Authority paperwork; and any Home Owners
Association incorporation paperwork for Pioneer PUD for review by the Weld County
Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be
incorporated. (Department of Planning Services)
F. Prior to recording the Final Plat the applicant shall present a unanimous petition of all
landowners and residents of the Pioneer PUD registered to vote in the State of Colorado thus
qualifying the Development for inclusion into the Law Enforcement Authority(LEA)(if it has
been created) or for creation of a separate Law Enforcement Authority(LEA) (if it was not
created).A LEA is a taxing unit with a maximum mill levy of 7 mills created for the purpose of
providing additional law enforcement by the county sheriff to the residents of the developed or
developing unincorporated Weld County.The revenues would be available initially to provide
directed patrols and eventually to provide additional deputies to carry out those activities
within the LEA. This is intended to offset the demand for law enforcement generated by
increased population densities. (Department of Planning Services)
G. The applicant shall provide an Improvements Agreement for both Public and Private
• Improvements according to Policy Regarding Collateral for Improvements. This agreement
must be reviewed by the Department of Public Works,the Department of Planning Services
Resolution PZ-1125
Pioneer Communities Inc.&HP Farms LLC
Page 39
• and shall be approved by the Board of County Commissioners. (Departments of Planning
Services)
H. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of
the Weld County Code. (Department of Planning Services)
I. The applicant shall submit a deed for recording with the Final Plat to the Department of
Planning Services providing that the open space and any mineral rights are deeded to the
Metropolitan District, Homeowner's Association, or other applicable party. (Department of
Planning Services)
J. The applicant shall provide an Open Space/Landscape Plan per Section 24-3-50.G of the
Weld County Code for review and approval with each Final Plat. (Department of Planning
Services)
K. The applicant shall provide additional information pertaining to the plant materials, including
common, botanical and species names, size at installation and any additional information
deemed necessary, if any. (Department of Planning Services)
L. The applicant shall address the on-site landscape treatment, including the proposed uses
associated with any agricultural outlot. (Department of Planning Services)
M. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas during
construction. The plan shall include information regarding plant type, installation methods
and maintenance. (Department of Planning Services)
N. The applicant shall demonstrate how the proposed plant material will be watered.
• Furthermore, the applicant shall provide evidence that a tap from a water provider is
permitted to provide irrigation water to the landscaped areas. (Department of Planning
Services)
O. 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 Hudson and Southeast
Weld Fire Protection District,the Weld County Sheriffs Office,Ambulance provider,and the
Post Office for review. Written evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
P. The applicant shall submit a digital file of all drawings associated with the Final Plat
application. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Department of Planning Services)
•
Resolution PZ-1125
Pioneer Communities Inc. &HP Farms LLC
Page 40
• Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent Abstain
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Mark Lawley
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 6, 2007.
Dated the 6th of November, 2007.
• f1,( Lh
Kristine Ranslem
Secretary
•
fl -°(o-XY7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, November 6, 2007
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
r.
Doug Ochsner-Chair
Tom Holton -Vice Chair F` w
Paul Branham
Erich Ehrlich D
Bill Hall �F �.
Robert Grand
Mark Lawley
Roy Spitzer
Also Present:Brad Mueller,Chris Gathman, Roger Caruso,Michelle Martin,Jacqueline Hatch,Kim Ogle,Tom
Honn, Department of Planning Services;Don Carroll,Dave Bauer,Dave Snyder,Department of Public Works;
Pam Smith,Char Davis,Department of Health; Bruce Barker,County Attorney, and Kris Ranslem,Secretary.
The Chair asked if the Commissioners had any additions or corrections to the October 16, 2007 minutes.
Doug Ochsner commented that the last sentence in the third paragraph should be deleted as there were
individuals that were heard on the Consent Agenda.
Tom Holton moved to approve the amended minutes from the October 16, 2007 Weld County Planning
• Commission meeting, seconded by Mark Lawley. Motion carried.
The Chair read the case into record.
CASE NUMBER: PZ-1125
APPLICANT: Pioneer Communities Inc. & HP Farms LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part of Sections 4, 5, 7, 8, 9, 17, and 18, T2N, R64W of the 6th
P.M.;and Section 32,T3N, R64W of the 6t"P.M.;and Sections 11,
12, 13, 14, and 15, T2N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone application from A(Agricultural)Zone District to a
PUD (Planned Unit Development) for 9,455 residential dwelling
units, 1 commercial planning area, 7 school planning areas (for 10
planned schools), 12 park planning areas, 2 public facilities
planning areas, and various agricultural and open space planning
areas
LOCATION: In the vicinity of CR 22 and CR 49.
The Chair stated that this case was continued from October 16, 2007 and asked only those Commissioners
that were at that meeting to participate in this discussion.
Brad Mueller, Department of Planning Services, handed out a packet of information to the Board. Mr.Muelleres
gave a brief overview of the previous hearing for those in the audience who were not in attendance. He statec
that the application is located to the northeast of the Denver Metro Area and the site is approximately 5,000
acres in size. The plan that the board is looking at right now is the proposed land use plan and consists of a
variety of Zone Districts. He added that approximately a year ago an application was submitted as a sketch.
• plan and since that time there have been significant changes to the plan made by the applicant to address
concerns that were administratively identified at that time,to the allocation of density throughout the site,to the
number of access points along County Road 49, and to the location in number of schools. The application
before the Commission today was submitted in May of 2007 and has been under review since that time. At
build-out, if approved,the application will allow for up to 9,455 dwelling units and the population that it could
sustain is approximately 23,000 people. Mr. Mueller stated that the recommendation from planning staff was
• approval with a long list of conditions that are spelled out in the staff report. If approved,they recommend as
conditions that all referral comments be addressed, the zoning plat be revised per the specifics of the staff
report,the various plat notes identified in the staff report be added to the zoning document,the Development
Commitments be added (which are the requirements for various offsite improvements and dedication of
schools and parks,etc.),the Development Standards be revised as indicated in the packet,and that items be
addressed with the final plat.
Mr. Mueller reminded the Board that at the previous hearing Public Works expressed concern and a
recommendation of denial based on lack of information regarding offsite improvements. It is Mr. Mueller's
understanding that Public Works is no longer recommending denial based on the discussions that they have
had since then.
Mr. Mueller commented that the memo that was handed out to the board deals specifically with the two items
that the Planning Commission asked Planning Staff to address and work with the applicant on. The cover
memo identifies those two items, namely the Development Commitments related to the offsite road
improvements and discussions with the Fire Districts about both land dedication and the concern that was
expressed by both the Districts and some members of the Planning Commission about the amount of revenue
and support for the site. He continued to add that the second document, which is the Development
Commitments, is fundamentally the same as you found in the original staff report,with the addition of Number
11, which is the dedication of off-site transportation improvements. This is the attempt by staff and the
applicant to address the concern that the Commissioners indicated about the amount of specificity in regard to
the improvements that are proposed and 1)who would be responsible for those various improvements, 2)
when those improvements would need to happen, and 3) a basic description of what those improvements
needed to be.
Mr. Mueller continued to add that included in the handout is a letter dated November 6, 2007 from Ireland
Stapleton on behalf of the Hudson Fire Department and also in conjunction with the Southeast Weld Fire
•
District.This letter addresses two issues: 1)land dedication, and,2)proposal for a condition of approval that
would address the capital expenses and contributions for capital for the site. Mr. Mueller added that in the
handout are also two letters from the public that were received.
Mr. Mueller apologized to the Board for the late timing of these documents as they have been working virtually
everyday up until today to finalize this, and this represents their greatest and final attempt to address the
concerns.
Mr.Mueller directed their attention to the Development of Commitments and started with Number 11,which is
the Off-Site Transportation Improvements. He added that if they recall from the first hearing,the condition of
approval that was proposed at that time was to translate Table 9 of the Traffic Study into a series of
commitments. Mr. Mueller showed them a slide of the Table 9 that lists a number of improvements and
possible triggers and ties to various levels of developments. He added that what they have done is translated
this table into the list that the board has in front of them now. Mr. Mueller indicated that Dave Bauer with
Public Works is going to go through each of those in order to show where they are on the map.
David Bauer, Department of Public Works, stated that they have been working the last two weeks trying to
flesh out the Table 9 from the traffic study to give a little more assurance to the County regarding some
thirteen road improvements. Mr. Bauer said that for each improvement listed they have identified a trigger
which in some cases has been a number of dwelling units. Mr.Bauer continued to address each of the listed
improvements A-M and mentioned that on each item there are specifics about what that construction project
is and the triggers involved in that process.
Commissioner Holton asked Mr. Bauer if the applicant has provided answers to all their questions. Mr.Bauer
replied that they have and this provides them adequate assurance that they build until something is needed,
and there is commitment there that they will provide the funding to make sure that it occurs.
• Commissioner Holton asked Bruce Barker, County Attorney, if he is in agreement with the language. Mr.
Barker said that he is in agreement.
Mr. Mueller continued to move onto the Fire Department topic. He drew the Board's attention to the proposed
condition of approval dealing with the various financial support for the Fire District and for the necessary
capital improvements(both the fire station and equipment)that would allow the development to be properly
• serviced especially in the early phases of the development. The Hudson Fire Protection District and the
Southeast Weld Fire District are requesting that the condition be substituted from the conditions of approval in
the staff report, which currently read "prior to recordation of the plat, the applicant address the various
concerns of the Fire District", and substitute that with a new Condition of Approval"1.R"which has to do with
the requirement that an intergovernmental agreement be put into place between the two Fire Districts and the
Pioneer Metropolitan Districts. The idea is that the Fire Districts and the Developer would need to formalize a
commitment prior to the recordation of the plat, based on these fundamental items which are listed in the
condition of approval. However, because there are still ongoing talks between the Fire District and the
Developer,and because they have not had the time yet to go to the Fire Districts with this idea,the specifics of
the IGA are not laid out here. Therefore,the request of the Fire Districts is to accept this condition of approval
as written here for'R', which would allow for and require that the IGA be finalized before recordation of the
plat.
Commissioner Grand mentioned that he noticed the two Fire Chiefs are here and asked if it would be proper
to ask them. Mr. Mueller indicated that they are available and would like to hear from them.
Thomas Beach, Fire Chief, Southeast Weld Fire Protection District,34755 CR 10,Keenesburg,Colorado. Mr.
Beach commented that he hasn't had the opportunity to take a look at what Mr. Mueller is referring to that he
had only just discussed it with his attorney. He indicated that what they are wanting is some type of staging
area where they are actually going to say where they are going to start their build. He further added that they
either need to start in Hudson or Southeast Weld so that he can properly give Chief Blackston mutual aide or
in return receive mutual aide from the Hudson Fire District. Chief Beach commented that the other item of
discussion that is still on the table is the access road from Keenesburg,which is going to give them the best
access up to that area. He added that other than that it will have to be trigger points that set this off to decide
exactly when the monies are available that have been discussed. Chief Beach indicated that the majority of
the housing is in the Southeast Weld Fire District.
• Mr. Beach referred to the letter from the Hudson Fire District's Attorney and commented that it does
document a lot of what Southeast Weld's requirements are, but there are some other ones that are in this
other letter that he sent and the board does have. Mr. Beach expressed that he wants the Board to realize
that some of this is still active and not null and void. Mr. Beach indicated that as far as dealing with these
gentlemen(the applicant)there are no issues, as they will be able to work through it.
Johnny Blackston, Fire Chief, Hudson Fire Department,702 Cedar Street,Hudson,Colorado. Chief Blackston
stated that he has the same concerns as what Chief Beach has mentioned. He added that with regard to
access and where they are going to put fire stations, he believes that at the end of this, if it is approved with
these many homes, they are going to need more than just one fire station to handle it. Chief Blackston
commented that they are in agreement that they need at least 1 1/2 acres dedicated to a fire station for both
districts, and he also wishes to continue discussion with the developers on this.
Commissioner Lawley asked if they are comfortable that these issues can be resolved in a joint IGA between
Hudson and Southeast Weld and the developer. Chief Blackston replied that he believes they can and
commented that they all have been meeting and would like to see more discussion.
Commissioner Ochsner thanked Chief Beach and Chief Blackston for coming in and addressing these
concerns, as the Board understands that these issues are very important.
Mr. Mueller mentioned that he wanted to continue to talk about the potential replacement of the Development
Commitment#7. He said that it states that the Developers would dedicate a minimum of 1 Yz acre site for a
fire station within a portion of the PUD lying within the Hudson Fire Protection District as mutually agreed upon
by the County and the Hudson Fire District, and that such site shall be dedicated at the time of platting or site
review of the 500th residential unit within the Fire District area. Mr. Mueller stated that this potential
replacement for Development Commitment#7 on the new list that the board received could be replaced with
both that and a parallel one for the Southeast Weld Fire District.
• Jack Reutzel, 9145 East Kenyon Av, Suite 200, Denver Colorado. Mr. Reutzel commented that when the
public hearing was closed at the last meeting the Board asked them to go back to work on a couple of issues.
He added that they have spent a great deal of time and effort with the County Staff and with the staff of the
various Fire Districts to present to the Board what they would believe to be appropriate resolutions to moving
this forward. Mr. Reutzel expressed to the Board that they have appreciated the work that has been done by
• Public Works and the Fire Districts. Mr. Reutzel stated that the conditions proposed by Public Works are
perfectly fine with them as drafted. The conditions in the Stapleton(Fire District)letter with regard to a new
letter'R"regarding the IGA and the commitment for at least 1 Y acres per District is also acceptable to them.
He said that Mr. Mueller had asked him to draft a letter to the Board explaining what they find acceptable and
also what they may have issues with in regard to the list of conditions of approval.Mr. Reutzel handed out this
memo.
Mr. Reutzel stated that the staff report has a series of conditions that have multiple parts. He stated that they
accept the majority of those conditions. However,on Condition 2.N.with regard to a design solution for a trail
connection across County Road 49,they believe that it is premature and would like the ability to have further
discussions about alternative crossings at the time of final plat.
Commissioner Ochsner referred back to Conditions 1.W & 1.X and stated that it says "the plat shall be
submitted to the Department of Planning Services'for recording within thirty(30)days". Mr.Ochsner asked if
they are wanting to change that. Mr. Reutzel commented that due to the size of the project they would prefer
to see ninety(90)days. He added that with regard to Condition 1.X which has to do with"should the plat not
be recorded in the required thirty(30) days from the date of Board of County Commissioners resolution a
$50.00 recording continuance charge may be added" he said that with the amount of conditions they are
simply not going to be able to get this done within thirty(30)days,therefore they would like to request ninety
(90) days.
Commissioner Ochsner asked staff if they have any comment on that request. Mr. Mueller commented that
they would agree that it is reasonable in this case.
Mr. Reutzel continued to Condition 3 which has to do with the plat notes. He stated that Condition 3.DD has
been revised by the applicant and the County Attorney and they agree with the language that the Attorney's
• office has proposed. Mr. Barker handed out two development assurances that Pioneer has asked for with
respect to two different issues 1)Section 27-8-50 requires that within thirty(30)days after a change of zone
application has been approved and the plat is recorded that you then need to get your final plan application in.
He added that in this instance it makes no sense to have that requirement mainly because they are going to
be coming in with several different final plans. Mr. Barker commented that the language in assurance#1
waives that requirement. 2)Pioneer wanted to be rest assured that there would be no time where the County
itself would step in and change or amend the Change of Zone. Mr.Barker added that we don't have the ability
to do that on our own anyway. Mr. Barker stated that he believes these assurances are reasonable.
Commissioner Ochsner clarified if they are replacing DD with the two paragraphs submitted by Mr. Barker.
Mr. Mueller stated that was correct.
Commissioner Ochsner asked Mr. Reutzel with regard to Condition 2.N if they are requesting something
different. Mr. Reutzel indicated that they are asking for consideration to modify it to say only"Revise the Trail
Plan in the application submittal plat to show a dedicated east-west trail connection between the main north-
south trails shown on both the west side of County Road 49 and the east side". He added that they are
requesting to strike the rest of the paragraph.
Mr. Mueller stated that this is a point that they and the applicant disagree upon. He commented that Public
Works in particular feels that the knowledge that we have to date indicates that a grade-separated crossing
would be appropriate to facilitate the volume of pedestrian traffic that we want to encourage in this area.
Commissioner Ochsner asked Public Health if they have any information they would like to present. Pam
Smith, Department of Public Health, commented that they have done extensive reviews on this application.
She added that there were some things that were reviewed in the sketch plan that she made comment on that
she had approved, however they were not submitted in the change of zone application for her to consider.
Therefore she had submitted comments that she expected the same sort of detail be submitted during the
• final plan application for them to review.
The Chair asked if there was anyone in the audience who wished to speak for or against this with regard to the
information that has been presented today.
Keith Messenger, 8053 CR 51, Keenesburg, Colorado. Mr. Messenger stated that his first concern was on
• who gave them the right to go this far. He added that they live in a small community and commented that they
are going to take that community and throw it all away. Mr. Messenger said his second concern is where they
are going to get the water for 10,000 homes and further asked where the WalMarts, Safeways, Police
Departments and lights are going to be. He expressed that he just found this out two days ago and is very
upset about the proposal.
Mr.Ochsner stated that there have been informational meetings that have taken place. Mr.Messenger asked
when the application was sent to the homeowners and where was it posted. Mr. Ochsner stated that notice
has been sent out and everything has legally been taken care of. Mr. Messenger reiterated his question of
where they are going to get water. Mr. Mueller commented that he would be happy to give a quick summary
after public testimony about some of the outstanding questions.
Ellen Swieter,25027 CR 18, Keenesburg,Colorado. Ms.Swieter commented that she wanted clarification on
the concerns from Public Works that now Pioneer Communities is going to pay for that. Mr. Mueller stated
that the Development Commitments are commitments that are required of the development and the way that
these are set up requires that the specific development be constructed at the sole cost of the developer or
their successors prior to any additional platting.
Ms. Swieter commented that with regard to the Fire Departments, it seems that the Keenesburg Parkway
Road is still a question because if she understands correctly it would be the 1000th unit before that would be
constructed. Therefore, that is a major concern of access of how they are going to get out there until that
1000th unit is built. She further asked if the Fire Department is going to have the 11/2 acres donated or paid for
so there is a new existing Fire Department in the community at the get-go.
Ms.Swieter also commented that as a point of reference at the last meeting the Pioneer's website was given
out and it was said that they could seek whatever information they needed for points of clarification. However,
it is not a site for information. There is a contact phone number for Gina Canzeneta,which she has called 10
• times in the past two weeks, and she has not returned one of her phone calls. She added that her property
taxes just went down and the reason they went down is because her property value went down. The reason
they went down is because of the number of foreclosures in Colorado. She charged the Commissioners to
consider if this is in the best interest of Weld County considering the housing market.
The Chair closed the public portion of the hearing.
Mr. Mueller addressed the concerns from the public. He reminded the public that following this hearing there
will be a hearing,yet to be scheduled,with the Board of County Commissioners,who will make a final decision
on this. He added that they recognize there are individuals who haven't been involved in the process and
aren't aware of all the various details that have been talked about in the previous hearings, and would be
happy to make the staff report available upon request. Included in the report is information regarding the
school service levels,where the water is coming from, and the various traffic reports. Mr. Mueller added that
the application was properly noticed,and he showed the Commission and public the slides that were provided
of where the signs were posted. He further added that something that was done extraordinary to this process
was that a press release was sent out to area newspapers, in addition to the legal normal notification in the
Fort Lupton Press.
Commissioner Ochsner asked Mr. Reutzel about providing contact information. Mr. Reutzel apologized for
the problem with their website and said that he had been advised that it is being updated and will get the lady a
contact that will answer the phone and will do a better job as they move forward.
Commissioner Holton asked how many meetings they have had on this and when it all started. Mr. Reutzel
replied that it has been 21/2 to 3 years and they have had 38 meetings either in Keenesburg, Hudson, before
Chamber of Commerces, Fire Districts, Stakeholder meetings, School District representatives, Planning
Commissions of Hudson, and Town Council of Keenesburg.
• Chris Paulson,CEO of Pioneer Communities, stated that before they even came to the Weld County Planning
Commission to change the Comprehensive Plan, they went out and had people from their staff look at every
neighboring property and sent them a personal invitation and hosted a meeting in Hudson to have a
discussion with their neighbors. He added that they want to continue that dialogue. Mr.Paulson commented
that rather than having a stealth process, he thinks that they have been bending over backwards the past 2%
years to have a public dialogue.
• Commissioner Lawley referenced to the fire station locations being in a separate part in this document and
asked if they can be consolidated. Mr. Mueller said that to combine the two would probably be appropriate.
Mr. Mueller summarized the proposed amendments to the conditions of approval and Development
Standards. He stated that Condition 1.W&1.X be amended to ninety(90)days,Condition 3.DD be replaced
with Mr. Barkers two (2) points of conditions as presented, Condition 4 replacing all Development
Commitments with the newly-handed out Development Commitments and further replacing Development
Commitment#7 with the two-point condition provided in the handout,and Condition 1.R to combine it with the
new language provided by the Fire District Letter. Mr. Mueller added that it is staffs recommendation that we
do not change Condition 2.N regarding the grade-separated crossing.
The Chair asked the Planning Commission members if they wish to pull out any of those separately and vote
on them. Commissioner Lawley stated that he would like to pull Condition 2.N out and vote it on separately.
Commissioner Ochsner concurred with Mr. Lawley.
Robert Grand moved to amend the Conditions of Approval and Development Standards as per staffs
recommendations. Bill Hall seconded the motion. Motion carried
Commissioner Lawley commented that with regards to Condition 2.N, he is inclined to stick with staffs
recommendation. He added that he understands the developer's concerns;however he believes they need to
take the recommendation of staff, as they have an interest in it.
The Chair commented that he would entertain a motion if somebody wants to change it. If not,it will be left as
is. No one wished to make a motion.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
• Approval and if he is in agreement with those. Mr. Reutzel replied that they are in agreement.
Commissioner Holton expressed that he is in favor of approving the application and commented that he thinks
the staff and the applicant went back and did what the Board had asked them to do and everything is taken
care of.
Bill Hall moved that Case PZ-1125 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Mark Lawley seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, absent; Erich Ehrlich, abstain; Robert Grand, yes with comment; Bill Hall, yes; Mark Lawley,
yes; Roy Spitzer, abstain; Tom Holton, yes; Doug Ochsner, yes. Motion carried.
Robert Grand commented that he would like to thank the staff, the County Attorney, Public Works, the Fire
Chiefs, and the applicant for putting a lot of time and effort in the last two weeks.
The Chair called a recess at 2:48 p.m.
The Chair called the meeting back to order at 2:55 p.m.
The Chair read the case into record.
CASE NUMBER: USR-1621
APPLICANT: Mary Lee Hardy
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Block 53, Minor resubdivision of the Amended Plat of the Town
411 of Barnesville, located in part of the NE4 of Section 18, T6N,
R63W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a Home Business (parking of 3 semi trucks and 4 trailers) in the
A(Agricultural)Zone District.
io- II 0UQ']
•
CASE NUMBER: PZ-1125
APPLICANT: Pioneer Communities Inc. & HP Farms LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part of Sections 4, 5, 7, 8, 9, 17, and 18, T2N, R64W of the 6th P.M.; and
Section 32,T3N, R64W of the 6th P.M.;and Sections 11, 12, 13, 14,and 15,
T2N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone application from A (Agricultural) Zone District to a PUD
(Planned Unit Development) for 9,455 residential dwelling units, 1
commercial planning area, 7 school planning areas (for 10 planned
schools), 12 park planning areas, 2 public facilities planning areas, and
various agricultural and open space planning areas
LOCATION: in the vicinity of CR 22 and CR 49.
Commissioner Grand,who resides near Keenesburg, spoke to the County Attorney and the Commissioners
and said he owns two pieces of commercial property in the area and was also previously Treasurer for the
school bond issue two years ago. The Chair asked him if he felt he could make a fair and honest decision.
Commissioner Grand assured him he could.
Brad Mueller, Department of Planning, acknowledged the efforts from his colleagues,Jacqueline Hatch,Chris
Gathman and Michelle Martin and thanked them for their assistance on this application.
Most PUD's consist of multiple custom zoned districts,continued Mr.Mueller.This particular request proposes
seven districts. Staff is recommending approval along with numerous conditions as well as noting Public
Works' concerns, based on pending additional information, and they will speak to that point in some detail
• later. Mr. Mueller spoke about the physical characteristics of the PUD, transportation corridors, and major
drainage ways (Box Elder Creek and a no name tributary). The topography on the site is relatively flat with a
ridgeline falling down towards the flood area. The site is approximately 5000 acres but if the agricultural
component is removed, it is then similar in size to Fort Lupton or Stapleton. There are oil and gas properties
and a few existing homes on the property. Wildlife concerns are fairly limited with migratory birds and
mammals typical to the eastern plains. The property is located within the Southeast Weld MUD area which
was created in mid 2006. Metropolitan districts were proposed and approved over a year ago to provide
services and levy taxes. One service district and six finance districts are in place. Water and sewer will be
contracted from Resource Colorado Metropolitan District. Total build out may be complete in 2030 and could
add 23,000 people to the area.
Changes since the sketch plan include the following: access points have been reduced almost in half;CR 22
alignment is significantly different; community parks and high schools have been relocated; and park space
has almost doubled. Future development will adhere to the different zone districts and be organized into
various planning areas. The land use chart defines the zoning and each planning area is defined specifically
by the acreage. Maximum number of units could not increase without amending or revising the zoning.
Another key part is to propose various development standards,since the applicant has exercised the option to
define those zone districts, listing all of the uses by right, uses by special review, the bulk standards and the
requirements relative to parking, streetscape, landscaping etc. The seven districts as proposed include an
Agricultural Zone District, though the proposed uses would be more limited than what is found in the County
Code. Three zones are residential. Low Density Residential would be only single family residences as well as
ancillary uses. The Medium and High Density Residential Zone Districts would allow triplexes and duplexes,
as well as apartments. Lot sizes are smaller than the Code allows and setbacks are different as well, but the
Department had reviewed them and found no concerns. The Commercial Zone District is limited to 200,000
square feet at the intersection of CR 22 and CR 49. Access to the site due to proximity was examined in detail
by Staff. A rural look is envisioned and the zoning enables zero setbacks found in a traditional downtown and
• lesser parking standards.
The Public Facilities Zone District includes formal planned parks, schools, open space that would be
naturalized, and drainage areas. The Infrastructure Zone District is specific to the creation of water tanks,
3
wastewater treatment plants and water reuse storage. All uses throughout the PUD except for single family
• detached houses would need to go through a USR or administrative SPR land use process. The final process
outlines other standards, including parking standards, signage and landscaping,and minimum streetscapes
creating a tree pattern. The request before them includes a processing element that would be administrative.
An administrative process for certain types of changes is appropriate, because there might be as many as
fifty or more minor changes before project completion. Some changes might be significant and would require
a hearing process. Only certain things can be considered for administrative amendment. The applicants could
not add land, increase lots or add uses administratively. They could propose minor changes in density from
one planning area to the next but there could be no net gain of proposed homes. Large changes in use
standards would be non-administrative. The MUD could not be expanded through this process. The current
County Code does not presently have an automatic process for expansion of the Southeast MUD.
Commissioner Holton inquired if the use changes were a Staff request. Mr. Mueller replied yes, and that the
original proposal by the applicant did not include the caveat of the County's sole discretion in determining an
administrative amendment and referred him to Page 37 of the Staff report, which represents the applicant's
original proposal plus modifications as recommended by Staff.
Mr.Mueller then highlighted key provisions in the approval criteria for the Change of Zone request currently for
their review. He said a key issue is always adequate provision of services and that development pay its own
way in that roads, sewer,and water are their responsibility. Dedication and development of schools and parks
are provided for in the zoning document as Development Commitments. Commercial space is limited to
200,000 square feet in deference to Hudson and Keenesburg. Twenty percent open space is required and
met by the proposed plan, if staff conditions are adopted. The application demonstrates general compatibility
with existing and future development.
David Bauer, Public Works Department, identified infrastructure related to the Pioneer PUD: four lane initial
upsizing of CR 49 south to I-76 for a distance of six miles; upgrade and signalize existing CR 49 and 1-76
interchange(interim project); build road connection to Keenesburg(length—2 miles new road); build new CR
•
49 and 1-76 interchange; CR 49 railroad crossing south of I-76 for traffic to DIA area—tie to new interchange;
build new CR 53&1-76 Interchange;address impacts to US 85 as CR 22(signal?turn lanes?); impacts to US
34 at CR 49(signal needed now,turn lanes?); build CR 28 from CR 49 to CR 53;CR 22 widening. They have
consulted with CDOT,which has some of the same concerns regarding funding and CDOT's part of the total
contribution. Mr. Bauer indicated that Public Works will continue to work with the applicants to identify the
kinds of things that will need to be built and fully identify triggers for some of the development of park land and
schools inside the subdivision, but that a development agreement is still needed identifying these things.
Commissioner Holton asked if developer's contributions for off-site improvements would be done by a
percentage. Mr. Bauer replied they would not know the percentage the applicant would contribute twelve
years from now. There is a likelihood of other developments in the area that will also contribute to traffic on
the roads. The roads are functioning effectively now and they expect they will continue to into the future. If
this community moves forward, there are many factors that could contribute to allocation of funds.
Commissioner Holton felt that with a project of this size and the many road issues,there are still a lot of things
up in the air and up for negotiation and asked if those agreements were typically signed off on prior to a
hearing. Mr.Bauer did not disagree with Commissioner Holton and said they need to try and identify triggers
and push for language on the plat that indicates future development can go no further until the applicants go
through the list and complete the items identified that are important to the infrastructure.Mr.Bauer added that
they are converging towards that, but they are not there yet.
Commissioner Grand asked Mr. Mueller about the process for providing a vehicular pattern for existing traffic
and how do we address this, given Public Works' hesitancy.
Mr. Mueller responded that he would offer solutions as his presentation concluded. He then talked about
parks and their location, their use, their size and look and who is responsible for and ultimately receiving the
park land. Construction of improvements must meet minimal standards. What will trigger those commitments
• and how do we time them to the build-out of the project is critical. Mr. Mueller reviewed the statement of
Development Commitments on Page 19 of the Staff Report and said there was still more to be decided on the
roads and it was up to the Commissioners to determine their comfort level, whether they have enough
information to make a conditional decision,or whether they would like to review the more detailed information
4
that would otherwise be part of a Condition of Approval. The Staff recommendation is approval with numerous
• conditions as follows: referral concerns must be addressed,as on Page 12 of the Staff Report;zoning plat to
be amended to add additional zoning district and other items,as found on Page 14 of the Staff Report;long list
of plat notes added to zoning document on page 16 of the Staff Report;Development Commitments on Page
19; Development Standards, including zone districts, uses, use by right, use by special review on Page 21;
and tracking issues for future final plats, listed on Page 39 of the Staff Report.
They anticipate a development of this size to be platted over the course of many years in multiple filings,so we
would see twelve,fifteen,twenty, or thirty final plats over time. There is a strong sense of needing additional
commitments defined, i.e. Public Works concerns, and the Commissioners must decide if they are
comfortable with the recommendation to move forward and continue to negotiate those items prior to
scheduling the BOCC hearing. If they are not comfortable, they can request Staff do additional work.
Chris Paulson, Pioneer Communities, addressed the room and said he and the groups he represent thank
County Planning Staff for their due diligence on this project. He stated that the opportunity presented by
Pioneer is for smart growth and without this kind of planned community you will have small incremental
developments that drain resources and do not allow for the beneficial use of the resources the metropolitan
districts represent. Pioneer is positioned in the 1-76 development corridor and is unique because it takes a
mixed use community and gives it a distinct agrarian character that celebrates the rural,small town character
that still exists but needs to be protected. It can only be protected with a large development like Pioneer.
Their vision is for a small town/village concept as the commercial core, with multiple pods of housing
developments around that core. Mr.Paulson said it is an attempt to maintain Weld County resources in Weld
County while ground is still available and before it gets chopped up. The SE Weld MUD has enabled this
vision through the joint participation with Hudson and Keenesburg.
Jack Reutzel, 9145 E Kenyon Av, Ste 301, Denver CO, 80237, land use attorney working on Pioneer since
2003, echoed Mr. Paulson's appreciation of County Staff efforts. He felt that it was important to know where
we are in context to where we started. This process began in 2004 with the formation of Resource Colorado
• Metropolitan District whose intent was to provide services to the region and keep County resources(water)in
the County. Formation of the Pioneer Districts came in 2006,followed by the Comprehensive Plan and the
MUD approval in 2006. Mr. Reutzel said there is a potential for 550 million dollars in bonded capacity for
improvements, to include water, sewer, streets etc. He then spoke about the development guide and
standards for density(bulk standards). Over fourteen hundred acres would remain agricultural. The 200,000
square feet of commercial space seems small for a community of this size and they agree with earlier staff
comments that the community could support more,but they have purposefully chosen to limit it and let Hudson
and Keenesburg provide those opportunities for commercial development. Resource Colorado will build the
lines and deliver the water as well as build the sewer treatment plant. Park maintenance and development is
spelled out in the Development Commitments and Change of Zone requirements and they concur with those.
There are voluntary capital facilities fees to help the school district offset costs until money comes in.
Southeast Weld FPD and Hudson FPD will provide emergency services when the situation warrants. A law
enforcement authority has been created and is in place.
Mr. Reutzel acknowledged Public Works' concerns as to how roads would be paid for and said their traffic
impact analysis report had a table that listed the important off-site improvements. He felt the major issue
remained of who will pay for the roads and when. He understands they have a major role in the financing,but
other entities and developments that will also benefit from roadways should be involved, as well as the State
and the County.The triggers have been identified,just the wordsmithing remains and he feels they are closer
to resolution than he feels was represented today. He closed by noting some items they had issue with(three
general areas—how they address referral comments,changes they want to see to the plat and the standards,
and the plat notes) but they agree with the vast majority of Staff requirements. Specific concerns are: the
Public Works' note, Page 12 of the Staff Report, Item 1.A. and felt they could come to an understanding
regarding that item prior to the BOCC hearing in November; Page 13 of the Staff Report, Item 1.N & 1.O,
regarding oil&gas interests and creation of an SUA(surface use agreement);changes to the plats, Page 15,
Item 2.N., regarding trail linkage and a grade separated crossing; plat notes; and Page 19, Item DD.,
concerning vesting and required timeframes for platting,which is still in discussion. Mr. Reutzel cited criteria
in Section 27-6-120 and felt they were in compliance with both the Comprehensive Plan and the MUD.
The Chair asked if the Commissioners would allow the public to speak and if agreeable, he wanted to start
5
with the towns and work from there.
• Joe Racine, Hudson Town Administrator, shared the concerns and comments from their Planning
Commission in response to the referral -- the Town does not have an official position on Pioneer, nor have
they signed off on or otherwise approved anything related to it. There is potential for a very nice community.
Impact on 1-76 and CR 49 interchange was of concern and the vague nature of the manner in which it will be
financed was of grave concern to Hudson; they asked for a more specific commitment to funding. Fire and
emergency services would be needed right away and a two-year lag between building start up and money
coming to the town could dilute services to Hudson. How can schools be built before houses and how will they
be funded? The Town has not seen any proposal for payment in lieu of taxes or any other kind of cash flow
management that would provide the School District with money during the interim period before the normal
property tax revenues catch up.
Town Planning Commissioners also questioned the manner in which services are financed. Regarding the
railroad, Mr. Racine said he was led to believe the crossing was once in the County plans, but had gone away
and would not take place; adding more traffic to the HWY 52 interchange was a concern. The limit of;
200,000 square feet of commercial space, to allow more to be generated in Hudson and Keenesburg was
appreciated, but urban development of this type will inevitably lead to incorporation and at that point the
200,000 square foot limitation in the County zoning would no longer apply, and the community's incentive to
generate sales tax would become a reality.
Mark Grey, 140 Main St, Keenesburg, CO, 80643, Mayor of Keenesburg,thanked the Planning Commission
for the opportunity to be part of the process and echoed some of the same basic concerns regarding
transportation and schools. He cited the significant development along the 1-76 corridor and said Pioneer is
the pin head of development and feels the cooperative effort of the entities is working. Mr. Grey added that
Pioneer had implemented the things Keenesburg had requested including phasing,development of water and
sewer to benefit residents, and regional planning.
• Marvin Wade,95 W Broadway,School District RE-3J, Keenesburg, CO,80643,Superintendent, pointed out
that earlier this month the Board of Education voted to remove opposition to this change of zone application.
They had been working with Pioneer for the past two years. Mr.Wade expressed certainty that the first school
being built before the first home would not occur(question brought up in earlier discussion),since the District
was comfortable that Pioneer had agreed that District policies, procedures and specifications would be
honored,and that development would be consistent with District policies and not turned over to another entity.
Another commitment by Pioneer has been for foundation funding that will help capital construction costs for
schools. The School Board voted 3-1 to approve removing the opposition to the application and feel that
Pioneer is committed to working with them now and in the future. The District is also comfortable with
recommendations from the Department of Planning.
Molly Summerville Buchanan, 1525 17th St, Denver, CO 80202, attorney with Vanderwork and Buchanan,
representing Anadarko Land Corp,Anadarko EMP CO LP, and Kerr-McGee Oil &Gas Onshore LP said that
with respect to the application,Anadarko entities own all minerals that underlie about 2020 acres of the total
5073 acres included in the application. Kerr McGee has oil&gas lease holds in some 2800 acres of the 5073
acres. Objection letters were submitted to the County by Anadarko and Kerr-McGee on October 23, 2006,
July 24, 2007, and July 19, 2007, and she asked they be made a part of the record. Ms. Buchanan said they
believed there were approximately 59 undrilled locations on the Anadarko lease holds and 65 to 70 on the
Kerr-McGee lease holds. Anadarko owns the hard rock minerals, including the coal underlying the property
and the nature and extent of those minerals is identified in the objection letters. Agreement has been reached
for the compatible development of the hard rock mineral,and it is now just a matter of circulating documents
for final signature. They are also very close to an agreement for the oil and gas as well, but there are still
issues remaining regarding size and configuration of certain well site locations, directional drilling dollars,and
text in the surface use agreement. Under other circumstances they would have waited to come before the
Planning Commission asking for denial, but they were present today indicating conditional support so as not to
hold up the application.
• Barry Meyer, Noble Energy Inc, 1625 Broadway Ste 2000, Denver,CO,80020, land man with Noble,said Ms.
Buchanan had outlined many of their concerns and they were almost ready for the body of the agreement,
though exhibits were of greater concern than the vicinity of the oil and gas locations. Mr. Meyer said
6
directional drilling, monetary considerations, and financing guarantees should be agreed upon shortly and
• thanked the Commission for their time.
Terry Enright, Kerr-McGee Onshore Oil &Gas LP, 1999 Broadway, Ste 3700, Denver, CO, 80202, engineer
land man, said as Pioneer indicated,there have been many meetings and much correspondence and they are
making excellent progress. They are around 75 to 80 percent where they want to be, though not the 95
percent suggested by the applicant. Progress is accelerating and they will arrive at an agreement that is
positive to all involved. He concurred with Ms. Buchanan's and Mr. Meyer's previous statements. Mr. Enright
closed by expressing his thanks to the Commission and saying that Kerr-McGee agreed with the conditions
set forth by Staff.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kathryn Evans, 11670 CR 49,moved there six years ago to get away from people. Ms. Evans added that she
had never received any notification of meetings and only knew about this hearing from the sign posting. Ms.
Evans asked about a website to get information. One of the applicants responded that she could go to
www.pioneercommunities.com for current information. Ms. Evans also shared her concerns regarding its
effect on area animals,water for farmers, and wants more information made available to the public.
Ellen Swieter, 25027 CR 18, Keenesburg, CO, gave an analogy and said Pioneer Communities was like her
saying to her husband, let's have a baby. He says, but I don't have a job, and I say not to worry about it,we
will work out the details later on. That is how she views this plan. Ms. Swieter said she had been to several
informational meetings and asked that language is clear before moving forward.She commented that she has
heard a lot of"we have to see, wait and see, and we're not sure today." In her opinion, there are a lot of
missing pieces that need to be taken care of before this application moves forward. The roads are clearly a
huge issue to be decided.She lives one mile north of 1-76 and one mile off CR 49 and the traffic has increased
incredibly in the 14 years she has lived there and can't imagine what traffic will become. The proposed
community is seven times the size of Keenesburg, the demands on the Fire Department will be increased.
• This will not be agrarian with 10,000 houses outside her windows. She said water is a non-replenishable
resource and wants limited agricultural use and she want specifics. The 200,000 square foot limitation on
commercial development needs to be examined and said it took less than a month for the "mom and pop"
grocery store in Fort Lupton to close after Safeway opened. She addressed the seven mill increase to
"benefiting property owners"and asked who will carry the burden. Ms. Swieter said Pioneer is"guaranteeing"
this and"guaranteeing"that but it does not preclude them from backing out later on or coming back at some
point and asking for reimbursement. She questioned if the packet mentioned today was part of the public
record and asked how the public could voice their opposition. She closed by saying she does not believe this
is a good ethical decision until clearer language is present.
Joel Farkas, principal of Pioneer, responded to Mr.Racine regarding the metro districts and public finance and
said his company has been involved with twenty-five public finance districts with an authorized bonding
capacity exceeding 1.3 billion dollars. They are extremely experienced with private development and work
with jurisdictions and use public finance vehicles. Never in the company history have they had an issue,a late
payment or a default in any of their districts. He assured the panel the burden will not be put on the
customers or the residents of that district because there is a cap put on the mill levy. This cap places the
burden on the institutions that purchased the bonds, not the customer or the consumer. This is a basic tenant
they impose on every one of their districts and their relationships with the institutions who buy.
The Chair closed the public portion of the hearing and asked the applicant to step forward and address public
concerns.
Joel Farkas stepped up to address public concerns. He alluded to public/private financing of metro districts
and said in the more than twenty-five communities they have developed, they are one of the first founders of
the Capital Facility Fee Foundation. It is a non-profit organization geared for all developers to pay impact fees
to the school district so they can collect funds early on and assists them in dealing with how to build schools
• sooner than has been historically done due to lack of funds. Mr. Farkas gave Brighton as an example of a
school constructed prior to houses being built and/or occupied. There is an extraordinary amount of
infrastructure to be put in place including roads, schools,wastewater treatment and how to pay for them. The
issue is always when do you start building, how much you build at that time and how does the entire project
7
get built over the life of the project. This community will be built over a twenty-to forty-year period of time.
• They have a mechanism in place as to how to build these improvements,when to build, and how to pay for
them. This has been a three-to four-year process, and they have adhered to the plan every step of the way.
Mr. Farkas thanked the Commission for the opportunity to speak and assured the public there would be many
more opportunities for them to speak in the future.
Jack Reutzel, applicant representative, addressed concerns of notification for the public and said there was
ample community outreach; he was sorry Ms. Evans was not aware of the hearings. He gave the website
address, www.pioneercommunities.com, as a reference for the public and added there had been extensive
public notification throughout the process. He referred to the baby analogy and said, unlike that analogy,they
know what the improvements are and they have been identified as far back as three years ago. To suggest
that they don't know what the improvements are is incorrect. They know when the next level of improvement
will occur. Though the process to a certain extent is outside of their hands, the market will trigger the next
level of improvements. Benefiting property owners that he previously referred to are the residents within the
Pioneer development. No other landowners will pay the increase they have suggested in the mill levy. The
guarantee for public improvements is that the Change of Zone conditions and development guidelines have
definite triggers which they will work with, and the County can deny the plat if those improvements are not
completed when the triggers are reached. Mr. Reutzel was adamant that they are committed, and that they
stand by the Development Commitments.
Brad Mueller, Department of Planning, addressed public comments and referral to a handout he provided to
the Planning Commissioners, which was distributed so the record could reflect correspondence recently
received. It included the letter of commitment to the school district; a landowner letter that asked for
application denial based on changes to the area and whether there was really a need for such a development;
a letter regarding oil and gas concerns; and a letter from the SE Weld Conservation District concerned with
soil erosion.
• Mr. Mueller continued by addressing public comments. He said that the County appreciates the Town
comments and recognized the need for ongoing discussion and concern. Financing is a bit of a chicken/egg
problem, but responsibility falls to the development and bond holder should those bonds fail. Early provision
of fire services may need further discussion by the Planning Commission as there is no solution per se in the
proposal or the conditions. Even though the mill levies are in place funds are not available up front for those
services at the onset of construction. The railroad and Highway 52 will be a subject for continued discussion if
approved. An environmental impact statement is only done for federal projects, but drainage,wildlife, soils,
water and geo-technical studies have been done as part of the submittal. The DOW said development could
mitigate effects to some extent but there would be some loss of habitat. Essentially there is dry earth on the
surface, but there is water underground.
Mr. Mueller added that it is not Staff's role to defend the project, but rather to provide a recommendation
based on the criteria in the Code. Mr. Mueller acknowledged the uncertainties and concern of the audience.
He added that the character of the area would definitely change and he hoped that that had been represented
in the presentation. Legal notification and sign postings have followed the criteria set forth in the Code and
public access to the application is readily available to anyone requesting it.
Commissioner Grand asked how to get the ambiguity out of the"what ifs"from Public Works. Mr. Mueller said
one opportunity is for the Commission to accept the recommendation for approval with conditions that required
the applicant provide more specific details prior to the BOCC hearing. We would expect that detail to take the
form of the Development Commitments on Page 21 of the Staff Report. The other option would be for the
Planning Commission to continue the item. Commissioner Grand said he saw a consensus in the packet
except for Public Works'concerns. How do we reconcile that in a way that makes the Commission members
comfortable enough to proceed forward?
David Bauer, Public Works, said they can identify triggers and tie them to specific construction projects;
interchanges,widening of roads etc. Their concern is that at that time if the applicants have not identified all of
• the money needed they would accept a trigger that has a deadline or allows no more platting past that point.
What if we can't agree on the percentage breakdown of the costs and allocation to the benefiting parties,be it
the County, Hudson, Keenesburg,CDOT, or Pioneer and maybe ancillary development around it? How do we
go forward at that point? That is what is unclear at the present time,though Mr. Bauer said he believed they
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would get to that point once who is paying for what portion of development is established.
• Commissioner Grand asked if the triggers are there and no other agreement is there,building stops until that
issue is resolved and there is no further approval. Mr. Reutzel said that was the failsafe, However,they would
be putting millions of dollars into site at the onset for the first house, so there is an incentive for them to find
resolution. If this is not resolved, Public Works can halt the project, and the developer will have to get very
creative. Commissioner Grand responded that there are two infrastructure issues. One is the property
infrastructure and the other is external,which is concerning Public Works. Mr. Reutzel replied that the Metro
Districts they have in place are financially sound enough to discharge all of the debt for all of the
improvements internal to the property plus a significant amount identified for regional improvements. Stopping
the plat was an acceptable approach to take and at that point the burden is all theirs to figure out.
Mr. Mueller cited Page 20 of the Staff report, Item G, and gave an example to explain the current question.
Commissioner Grand asked if Staff was comfortable with the conditions and moving forward even though
Public Works is not yet satisfied. Mr. Mueller said they were, with the proper conditions, though he did not
want to commit for Public Works.
Chris Paulson, Pioneer, said the safeguard Commissioner Grand wants is one they can agree to,which is if
they pass it to the BOCC,that the recommendation say the approval is not granted until there is satisfactory
language that covers the guarantee they are looking for with the triggers. He said they could accomplish that
in the next week as they did not want to lose the hearing date already set before the BOCC.
Commissioner Hall asked Bruce Barker, County Attorney, if it was possible as a condition of approval today
that there is a road agreement in place prior to them scheduling a hearing for plat approval with the BOCC.
Mr. Barker replied that frankly he is not comfortable with the current structure and would in fact like resolution
prior to the BOCC hearing and wants an agreement with as much detail as possible.
Commissioner Holton asked about specifics of the CDOT agreement mentioned. Mr.Bauer deferred to Ben
•
Waldman, the applicant's traffic engineer.
Ben Waldman, LSE Transportation Consultants, 1889 York St, Denver, CO, replied that the agreement
referred to is an access control plan for Highway 85 which defines the access points and the control of those
points and guarantees certain control on the County Road 22 and Highway 85 intersection. The County has a
plan as well that shows County Road 22 as a strategic roadway going past Highway 85 all of the way to
Longmont. Currently that access control plan shows that as a limited movement access,which wouldn't allow
through movement. They could live with that agreement but if the County wants full movement, the County
has to be the agency that goes before the Access Control Board to request changing control of that
intersection.
Commissioner Holton asked if the County would go to the Access Control Board. Mr. Bauer said Public
Works had no plans to do that at this time.
Mr. Waldman said their traffic study does not show any need for changing the access control point as there
are other ways to get on Highway 85 from their development. Commissioner Holton asked Mr. Waldman if
traffic would then go through Fort Lupton to access the development. Mr. Waldman responded that there
were other ways to get on Highway 85 and west to Longmont, as well as other full movement intersections
both north and south. It requires some re-routing but they do not have the ability to go before that board.
However, they would support Weld County in that endeavor, as it has to be initiated by Weld County.
Commissioner Holton then asked about vehicle capacity between the stop sign and the railroad crossing.
Scott Lewis, Weld County traffic engineer, said each vehicle required twenty feet and there was 200 feet
available at that crossing, therefore capacity would be ten vehicles. They would like a full movement
intersection and would go to the Access Control Board to request that. Traffic impact is not immediate but will
occur and the County is responsible for getting access changed. Trip distribution is fairly accurate according
• to Mr. Lewis. Most demand from the development is on 1-76 to the south with some impact on County Road
22.
Commissioner Holton pointed out that there were many of the same questions in the minutes from the initial
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hearing two years ago, and he is uncomfortable making a decision either way, based on the information
• provided. He felt strongly that this application should be continued indefinitely until those questions are
answered. Commissioner Lawley concurred and said that aside from the transportation issues,there are fire
issues that need to be resolved with the local fire department, and he was not comfortable with the two mills.
At final build-out the impact will be far greater to the fire department than two mills, and he would like those
issues solidified.
Mr. Paulson said he was unsure as to what they had not answered and what more information the
Commissioners were requesting and offered his expertise and consultants during this hearing. Commissioner
Grand agreed the fire department was relatively easy to fix. Commissioner Ochsner said the fire department
needs to be involved and asked Staff if their recommendations could include agreements with all agencies
prior to BOCC hearing. Mr. Mueller said the proposed conditions as currently set up were prior to recording
the Change of Zone. He added this discussion seems to be on road and fire documentation, which would
need to be resolved prior to scheduling the BOCC hearing. If they were to make a recommendation to that
effect they would want to accept conditions of the Staff and require additional road commitments be defined in
detail prior to BOCC hearing.
Mr. Mueller replied that with the Staff recommendation, Planning Staff wanted to respect that everything is not
finalized, but they also wanted to represent work that has taken place to date. Commissioner Ochsner said
regarding specific issues with Public Works,do we want to see the specific document or do we defer to Public
Works to come to an agreement before the case continues? Commissioner Holton said they are passing the
buck if they aren't thoroughly identifying problems before they pass it to the BOCC. In his opinion, it is not
anywhere near close to being complete. They have studies but no agreements are in place. There isn't even
anything about dust abatement. There are fire issues yet to be resolved. He wants to see a signed
agreement with Keenesburg and Hudson concerns met, as well as public concerns met.
The Chair asked Mr. Reutzel to address Commission concerns. Mr. Reutzel said the issues they seek
clarification on have been resolved with fire district chiefs. The road triggers have been identified and perhaps
• the Commissioners are hesitant because they have not seen a PUD of this scale before and issues have to be
addressed in the proper sequence. Not all issues lend themselves to immediate resolution. He said he
understood their desire to see specific language. Mr. Reutzel then stated they would not agree to a
continuance without a specific date, as they have answered all questions at the appropriate times, and he
suggested they might consider passing the application on to the BOCC with recommendation for denial.
Commissioner Holton said that is what they did the first time,three years ago, and if the County attorney is not
comfortable with the language in the Public Works document, then neither is he. Mr. Reutzel asked for a
specific date. Commissioner Grand asked Mr. Barker if it were possible that the application not progress
unless an agreement regarding fire and roads issues was in place that Public Works and Staff reviewed and
would make available prior to the BOCC hearing. Mr. Barker said the applicants and we can work this out.
He expressed confidence that an agreement could be reached before the BOCC hearing, but he still was not
comfortable with Public Works'issues,though he was comfortable with the overall Change of Zone Otherwise.
Based on representation and the magnitude of the PUD,there are issues that will need to be worked out over
time. In the Public Works agreement, Mr. Barker said he would like to see methodology for how we would do
that, which would go into greater detail than what has been proposed, and how that would be implemented.
Commissioner Holton said if he has questions now, how will he feel in 2020? Mr. Barker suggested
continuance to a date specific to work out agreement with Public Works, or that the Planning Commission
make a recommendation to go to the BOCC with the Condition that details are worked out prior to the hearing.
Mr. Mueller added that volunteer fire districts do not always respond to referrals, but Staff would continue to
attempt to get their input either by attending a hearing or getting something in writing. Commissioner Hall
asked Mr. Bauer, Public Works, if thirty days would give them enough time. Mr. Bauer said it would.
Commissioner Hall motioned for a continuance until the November 20,2007 hearing in order for the applicant
to meet with Public Works and also obtain letters from the fire departments.
• Mr. Mueller discussed the docket for upcoming hearings and noted that the November 6, 2007 hearing has
space. Mr. Reutzel said they would commit whatever time and resources were necessary to mitigate those
two outstanding issues by November 6, 2007.
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Mr. Mueller asked Mr. Barker if the same five Commissioners must attend. Mr. Barker said they should. The
• Commissioners generally indicated that they would be available and able to attend on November 6, 2007.
Commissioner Hall amended his motion for a continuance of Case PZ-1125 until the November 6, 2007
hearing to be held at the Greeley Planning Department Hearing Room in order for the applicant to meet with
Public Works to clarify road way funding and also obtain letters from the fire departments. Second by
Commissioner Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Robert
Grand, yes; Bill Hall, yes; Mark Lawley, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried
unanimously.
The Chair asked if it was still appropriate to hear from the Environmental Health Department considering they
had motioned to continue the case. Mr. Barker said that since a continuance has been approved it is not
appropriate to continue at this time.
Meeting adjourned at 5:30 pm
espectfully submitted,
I
Donita May
Secretary
•
•
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