HomeMy WebLinkAbout20080050.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ #1125, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, FOR A
MAXIMUM OF 9,455 RESIDENTIAL DWELLING UNITS, COMMERCIAL USES UP TO
200,000 SQUARE FEET, FIVE (5) ELEMENTARY SCHOOLS, TWO (2) MIDDLE
SCHOOLS,TWO(2)HIGH SCHOOLS,TWELVE(12)LOCAL AND COMMUNITY PARKS,
WASTEWATER AND WATER STORAGE AREAS,AND VARIOUS AGRICULTURAL AND
OPEN SPACE USES ON A TOTAL OF APPROXIMATELY 5,073 ACRES - PIONEER
COMMUNITIES, INC., AND H.P. FARMS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 9th day of January, 2008, at 10:00 a.m. for
the purpose of hearing the application of Pioneer Communities, Inc., and H.P. Farms, LLC, 4643
South Ulster Street, Suite 1300, Denver, Colorado 80237, requesting Change of Zone, PZ#1125,
from the A (Agricultural)Zone District to the PUD (Planned Unit Development)Zone District for a
maximum of 9,455 residential dwelling units, commercial uses up to 200,000 square feet, five (5)
elementary schools,two(2)middle schools, two(2)high schools, twelve(12)local and community
parks, wastewater and water storage areas, and various agricultural and open space uses on a
total of approximately 5,073 acres, for a parcel of land located on the following described real
estate, to-wit:
Parts of Sections 4, 5, 7, 8, 9, 17, and 18,
Township 2 North, and Section 32, Township 3
North, Range 64 West; and Sections 11, 12, 13, 14,
and 15, Township 2 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Chris Paulson, Pioneer Communities, Inc.,
and Jack Reutzel, Reutzel and Associates, LLC, 9145 East Kenyon Avenue, Suite 301, Denver,
Colorado 80237, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
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a. Section 27-6-120.D.5.a states, "The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD,and Chapter 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) states, "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.B(A.Goal 2)states,"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." The proposal would convert land from the current
A(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." (The
Infrastructure Facilities Zone District was not included in the original
application, but is proposed as a Condition of Approval.) There are
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103 individual Planning Areas ("PA") proposed; each PA 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 the flexibility and variety needed to offer a range
of products, services, and uses.
4) Section 22-2-60.F (A.Goal 6) states, "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," etcetera) 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.B (UGB.Goal 2) states, "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 area for the Towns of Hudson and Keenesburg,
and Adams County. The Town of Keenesburg, in the referral dated
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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 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) states, "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
Development Standards 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 full
buildout. (Staff estimates a buildout 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)states,"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. The
Conditions of Approval and Development Standards for residential
housing require that the minimum densities be developed under
each Zone District.
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8) Section 22-2-210.C (PUD.Goal 3) states, "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 include changes to the Development
Standards that were proposed by the applicant in the original
submittal. These changes 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) states, "All new Planned Unit
Development should pay its own way." The 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 (SE.MUD.Goal 4) states, "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
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design of the future Final Plats and will be addressed through the
Site Plan Review process. The PUD 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 include 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
Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County.
11) Section 22-2-280.C (SE.MUD.P.Goal 1) states, "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
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 will allow central
sewer service to the development, to be owned and 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. The Front Range Water Quality
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Planning Association's review and recommendation indicate that
adequate public sewer facilities are available.
12) Section 22-2-280.D (SE.MUD.P.Goal 2) states, "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
Authority District("LEA") be established prior to the issuance of any
building permits in the development. Formation of a LEA will
address Weld County Sheriff's Office 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 one-acre site within PA 19 for future emergency facilities. The
applicants propose a 2.0 mill tax levy on properties to pay for
increased facilities and services. In the 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.Goal 3)states, "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
Conditions of Approval require the development of three types of
parks — Neighborhood, Local, and Community. Neighborhood
Parks, up to one (1) acre in size, are required in each of the
residential and commercial PA's (for a total of 56). There are
eight (8) Local Parks PA's, which range is size from three (3) to
eighteen (18) acres. Two (2) Community Parks (in four PA's) 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 3,000th dwelling unit is platted, and the second
must be built one year after the 7,000th dwelling unit is platted.
14) Section 22-2-290.D (SE.MUD.T.Goal 2) states, "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.
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b. Section 27-6-120.D.5.b - "The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code." The
application complies with all 31 Performance Standards specified in the
Weld County Code. Many of these are discussed in detail throughout this
Resolution; some of the others include the following:
1) 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. 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.
2) Section 27-2-60, Open Space — The application fulfills the 20
percent 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.
3) 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 the referral dated
August 27,2007,the Department of Public Works indicated that"the
reduced cross sections on local streets maintained by the
Metropolitan District are acceptable to the Department,
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."
4) 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.
5) Section 27-2-165, Public purpose--The parks, park improvements,
trails, open space,agricultural,floodplains,and buffer areas all fulfill
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public purposes. The amount of park land dedicated by the Change
of Zone is approximately 15 acres per 1,000 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 1,000 people of
local park land, and 10 acres per 1,000 people for community parks.
6) 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 PA is designated as one of the seven
Zone Districts and is defined by an acreage and a rough
geographical location, relative to surrounding PA's. Each residential
PA 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.
c. Section 27-6-120.D.5.c states, "The uses which will 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 the flexibility and variety needed to
offer a range of products, services, and uses.
d. Section 27-6-120.D.5.d states, "The PUD Zone District shall be serviced by
an adequate water supply and sewage disposal system in compliance with
the Performance Standards in Chapter 27, 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, wich 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 will allow central sewer service to the development. The
Front Range Water Quality Planning Association's review and
recommendation indicate that adequate public sewer facilities are available.
e. Section 27-6-120.D.5.e states,"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." The Weld County Department of Public Works, in its referral
dated August 27, 2007, recommended denial of the application, pending
submittal of additional information and commitments concerning the
construction of road-related improvements. This information was necessary
to ensure that the proposed development complies with Sections 22-3-60
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through 22-3-140 of the Weld County Code. 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 required prior to final
approval.
f. Section 27-6-120.D.5.f states,"An Off-Site Road Improvements Agreement
and an On-Site Improvements Agreement proposal are in compliance with
Chapter 24 of the Weld County Code, 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 Plan applications submitted for 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.
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.D.5.g states, "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.
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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 October24,2006,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.D.5.h states, "Consistency exists between the proposed
zone district(s), uses, and 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 the Conditions of Approval, describe the
Performance Standards and allowed uses in each of the seven proposed
Zone Districts, as described previously. Each Final Plat filing will be
submitted for review and approval by 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 the flexibility and variety needed to offer a range of
services and uses.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Pioneer Communities, Inc., and H.P. Farms, LLC, for
Change of Zone, PZ#1125,from the A Zone District to the PUD(Planned Unit Development)Zone
District for a maximum of 9,455 residential dwelling units, commercial uses up to 200,000 square
feet,five(5)elementary schools,two(2)middle schools,two(2)high schools,twelve(12)local and
community parks, wastewater and water storage areas, and various agricultural and open space
uses on a total of approximately 5,073 acres, on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
August 27, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the Weld
County 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.
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C. The applicant shall address the requirements and concerns 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.
D. The applicant shall address the requirements and concerns of the
Department of Building Inspection, 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.
E. The applicant shall address the requirements and concerns of the Weld
County Paramedic Service, 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.
F. The applicant shall address the requirements and 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.
G. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation (CDOT), 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.
H. The applicant shall address the requirements and 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.
The applicant shall address the requirements and 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.
J. The applicant shall address the requirements and 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.
K. The applicant shall address the requirements and concerns of the Town of
Hudson, as stated in the referral response dated August 9, 2006. Evidence
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of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
L. The applicant shall address the requirements and 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.
M. The applicant shall address the requirements and concerns of Weld County
School District RE-3J ,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.
N. The applicant shall address the requirements and concerns of Kerr-McGee
Oil and 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.
O. The applicant shall address the requirements and concerns of Vanderwerf
and Buchanan, LLP, representing Anadarko E and 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.
P. The applicant shall address the requirements and concerns of the Farmers
Reservoir and 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.
Q. The applicant shall address the requirements and 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.
R. The applicant shall address the requirements and concerns of the Hudson
and Southeast Weld Fire Protection 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 County Fire Protection District,
and the Hudson Fire Protection District, that shall provide for the 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
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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.
S. The applicant shall submit, to the Department of Planning Services, a copy
of an agreement with the property's utility owners and lessees, stipulating
that the existing gas and electric utility easements, and/or activities, have
adequately been incorporated into the design of the site.
T. 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 the minimum adequate services for these
regional recreational facilities. This list shall be prepared by a professional
parks planner and will be reviewed by the Department of Planning Services
to ensure that a minimum adequate level of amenities(e.g., ballfields,tennis
courts, etcetera) are provided.
U. The applicant shall either submit to the Department of Planning Services, a
copy of an agreement with the Henrylyn Ditch Company, 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.
V. The applicant shall either submit to the Department of Planning Services, a
copy of an agreement with the Farmers Reservoir and Irrigation Ditch
Company, 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.
W. The Change of Zone plat map shall be submitted to the Department of
Planning Services 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).
X. 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 of the Board of County Commissioners Resolution, a
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$50.00 recording continuance charge may be added for each additional
three (3) month period.
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; Chapter 26, Article III;
and Chapter 27, Article IX, 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. Weld County's Right To Farm Statement, as it appears in the Weld County
Code, Appendix 22-E, shall be placed on the plat as a plat note.
E. In the Open Space Summary Chart, the applicant shall clarify that the PUD
is located in the SE Weld MUD (not"SE-MUD")and shall clarify the oil and
gas reference to"508.2 acres—54.2 acres". The applicant shall also move
the one-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 shall consist of
PA-46 and PA-90, and be shown as a different color on the color exhibit.
G. Approximately 7.5 acres of park space shall be added to the PA's west of
County Road 49, distributed so that approximately 5.0 acres of park space
is designated in the PA's both north and south of County Road 22. To do
this, the applicant shall add an additional Public Facilities PA (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. The
applicant shall clarify where this lake will be located and propose an
additional Infrastructure Facilities PA for the area where it is anticipated.
J. The applicant shall 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. The applicant shall revise the illustrative lots to
conform to changes made to the Bulk Standards. The labels shall be
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revised to read: "Low Density Residential Zone District (examples)" and
"Medium Density Residential Zone District (examples)".
K. The applicant shall revise the Trail Plan to show dedicated trail connections
to the school sites, particularly the middle/high school site at PA-14.
L. The applicant shall 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 PA.
M. The applicant shall 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. The applicant shall 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 and east sides of County Road 49. 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.
O. The applicant shall revise the Trail Plan to reflect a loop trail system that is
consistent with the Southeast Weld MUD Structural Land Use Map.
P. The applicant shall 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 default oil and gas operations
areas, as described in Section 24-65.5-103.5, C.R.S., per State statute.
Showing the default oil and gas operations areas 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-foot radius from any existing oil and gas
production facility, or within a 25-foot radius of any plugged or abandoned
oil and gas well in the Residential Zone District, unless an agreement with
the property's mineral owners and lessees is provided, indicating an
alternative setback is provided.
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T. The applicant shall delineate a 200-foot radius from any existing tank battery
and 150-foot radius from of any wellhead, or within a 25-foot radius of any
plugged or abandoned oil and gas well in the Agricultural Zone Districts,
unless an agreement with the property's mineral owners and lessees is
provided, 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. Change of Zone, PZ#1125, is from the A(Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District, for a maximum of 9,455
residential dwelling units, commercial uses up to 200,000 square feet, five
(5)elementary schools, two(2)middle schools, two(2)high schools, twelve
(12) local and community parks, wastewater and water storage areas, and
various agricultural and open space uses on a total of approximately 5,073
acres.
B. A development phase may be made up of multiple PA's, or a portion of a
PA. PA's may comprise multiple Final Plan Filings.
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 PA shall be determined at the time of
Final Plat. The general spacing for parks and schools show intent and shall
be maintained with Final Plat applications.
D. The overall maximum residential dwelling units, as depicted in the Change
of Zone,shall not be exceeded. Densities may be transferred in accordance
with the PUD Amendment process, included herewith.
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.
F. Existing and proposed oil and gas facilities, associated setbacks, and
access are subject to operational agreements between the lease holder and
land owners.
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.
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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.
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 foodplain, as
delineated on the 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, and all applicable FEMA
regulations and requirements as described in 44 CFR Parts 59 and 60.
J. The 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.
K. All project phases shall have two points of access and a looped water
system to allow proper fire protection.
L. Water and sanitary services shall be obtained from the Resource Colorado
Water and Sanitation Metropolitan District,serving the Pioneer Metropolitan
Districts.
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. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit,
for more information.
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 Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
O. In accordance with the regulations of the Colorado Air Quality Control
Commission,any development that disturbs more than five(5)acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
P. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six(6) months in duration, the responsible party shall prepare a
Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
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Q. Weld County's Right To Farm Statement, as it appears in the Weld County
Code, Appendix 22-E, shall be placed on any recorded plat.
R. The Pioneer Law Enforcement Authority District shall be established, and
in operation, prior to issuance of building permits and the sale of homes in
the Pioneer Community.
S. All signs, including entrance signs,shall require building permits. Signs shall
adhere to the approved Sign Plan.
T. The installation of utilities shall comply with Section 24-9-10 of the Weld
County Code, and the requirements of the service providers.
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
Department of Building Inspection. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or
engineer.
V. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, the adopted codes
include the 2006 International Residential Code, 2006 International Building
Code, 2006 International Mechanical Code, 2006 International Plumbing
Code,2006 International Fuel Gas Code,2005 National Electrical Code,and
Chapter 29 of the Weld County Code.
W. 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.
X. 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 Chapter 23
of the Weld County Code.
Y. 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 to determine offset and setback
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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.
Z. An application 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.
AA. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
BB. Weld County Government personnel shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out
on the property comply with the Conditions of Approval stated herein and all
applicable Weld County regulations.
CC. The site shall maintain compliance, at all times,with the requirements of the
Weld County Departments of Public Works, Public Health and Environment,
and Planning Services, any adopted Weld County Code and Policies, and
all state and federal requirements applicable to the site.
DD. Due to the projected length of time the applicant will need to complete the
full buildout 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 not initiate a 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 an 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.
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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 School District RE-3J (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 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 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 the 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 one-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 PA. 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
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50 percent 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 3,000th dwelling unit. Dedication of the second community park(either
PA-58 and PA-62,or PA-28 and PA-40)shall be dedicated at the time of the
platting of the 7,000th 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 PA. The developers of the Pioneer PUD,
their successors, and assigns, shall cause the construction of the trails, in
accordance with the 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 site of one and one-half
(1.5)acres for a fire station within the portion of the Pioneer PUD lying within
the Southeast Weld County Fire Protection District's ("SE Weld County
FPD")jurisdiction in such PA 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 Plan 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 site of one and one-half (1.5) acres for a fire station
within the portion of the Pioneer PUD lying within the Hudson Fire Protection
District's("Hudson FPD")jurisdiction in such PA as is mutually agreed upon
by Weld County and the Hudson FPD. Such site shall be dedicated in fee
simple absolute, with marketable title, at the time of platting or Site Plan
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
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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.
a) County Road (CR) 49 Widening Proiect (Part 1).
• Trigger: Prior to the approval of the Final Plan containing the
1,000th dwelling unit, the developers of the Pioneer PUD,
their successors, and assigns, will cause construction and
completion of the widening of CR 49 from CR 22 south to
Interstate 76 (1-76).
• Proiect Description: Widen CR 49 to four paved lanes with
shoulders from CR 22 south to 1-76 with additional lanes
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(turn lanes)for proposed Pioneer Communities intersections
at CR 22 and CR 20.5. 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) County Road 49 Traffic Signal Project.
• Trigger: Prior to the approval of the Final Plan containing the
1,000th 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
CRs 49 and 22.
• Proiect Description: Construct a full movement traffic signal
at the intersection of CRs 49 and 22. The roadway and
signal design approval will meet all Weld County, and other
applicable jurisdictions' requirements, and must include
commitments for full funding of the construction.
c) County Road 49 — Interstate 76 Interchange Temporary
Improvements Proiect.
• Trigqer: Prior to the approval of the Final Plan containing the
1,000th dwelling unit, the developers of the Pioneer PUD,
their successors, and assigns, will cause construction and
completion of a set of traffic signals at CR 49 and 1-76,
where warranted by traffic study results.
• Project Description: The traffic signal set will include
signalization for CR 49 traffic entering 1-76 on-ramps and for
1-76 traffic turning onto CR 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 two (2) lanes of CR 22 from
CR 49 east to CR 59, or otherwise to a lesser distance, as
agreed to by Weld County and the Town of Keenesburg.
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• Proiect Description: Construct CR 22 from CR 53 east to
CR 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 right-of-way 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 and for commitments for full
funding of the construction.
e) County Road 49 — Interstate 76 Interchange Feasibility Study
Project.
• Trigger: Prior to the approval of the Final Plan containing the
1,500th 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 County
Road 49 — Interstate 76 Interchange Improvements.
• Proiect Description: The interchange improvements study
and supporting documents will include evaluation of
southbound and northbound CR 49 traffic entering 1-76, and
will evaluate 1-76 traffic exiting the interstate onto CR 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 CR 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 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 1-76-CR 49 interchange construction.
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f) County Road 49 — Interstate 76 Interchange Re-Construction
Project.
• Trigger: Prior to the approval of the Final Plan containing the
2,500th dwelling unit, the developers of the Pioneer PUD,
their successors and assigns, will cause construction and
completion of the re-construction of the 1-76 interchange at
CR 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 northbound CR 49 traffic entering
and exiting 1-76, and may include improvements to the
intersection of CR 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) County Road 49 Widening Proiect (Part 2).
• Trigger: Prior to the approval of any Final Plan containing
the 3,000th dwelling unit, or prior to the approval of any Final
Plan between CR 22 and CR 24 and adjacent to CR 49, or
at such time as the CR 49 Level of Service drops below
Level C, as determined by a traffic study on the segment of
CR 49 between CR 22 and CR 28, whichever occurs first,
the developers of the Pioneer PUD, their successors, and
assigns, will cause construction and completion of the
widening of CR 49, between CR 22 and CR 24.
• Proiect Description: Widen CR 49 to four paved lanes with
shoulders, between CR 22 and CR 24, with additional lanes
(turn lanes)for proposed Pioneer Communities intersections
at CR 22.5 and CR 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 CR 49 intersections with
CRs 22.5 and 24. The roadway and signal design 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) County Road 53 — Interstate 76 Interchange Feasibility Study
Project.
• Trigger: Prior to the approval of the Final Plan containing the
3,000th 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 County
Road 53 — Interstate 76 Interchange Improvements.
• Project Description: The interchange improvements study
will include evaluation of southbound and northbound CR 53
traffic entering 1-76, and will evaluate 1-76 traffic exiting onto
CR 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 CR 53 with the UPRR tracks south of the interchange.
The study will include evaluation of signalization, and
interchange design and cost estimates. The preparation
costs of the Feasibility Study for CR 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-CR 53 interchange construction.
i) 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 CR 53 from CR 24 south to 1-76.
• Proiect Description: Construct CR 53 to four paved lanes
from CR 22 south to 1-76. 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) County Road 53— Interstate 76 Interchange Construction Proiect.
• Trigger: Prior to the approval of the Final Plan containing the
first dwelling unit, east of the half section line of Section 8,
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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 1-76 interchange at CR 53,according to the
1601 Feasibility study plans approved by CDOT, Weld
County, and other applicable jurisdictions.
• Project Description: Interchange improvements to include
provisions for south and northbound CR 53 traffic entering
and exiting 1-76, and may include improvements to the
intersection of CR 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) County Road 22 Construction Project.
• 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 two (2)
lanes of CR 22 from CR 49 east to CR 53.
• Proiect Description: Construct CR 22 to a minimum two (2)
paved lanes with additional lanes (turn lanes) at proposed
intersections with CR 22, CR 51, and CR 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) County Road 28 Construction Proiect.
• 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 two (2)
lanes of CR 28 from CR 49 to the intersection with CR 53.
• Project Description: Construct CR 28 to a minimum two (2)
paved lanes with additional lanes(turn lanes)at CR 49, east
to the northeast corner of Section 32, at the intersection with
CR 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.
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m) County Road 49 Widening Project (Part 3).
• 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 CR 49
from CR 28 south to the previously improved intersection of
CRs 24 and 49. The developer will construct warranted
traffic signals at the intersection of CRs 49 and 28, if deemed
necessary by a future traffic study.
• Proiect Description: Widen CR 49 to four (4) paved lanes
with additional lanes (turn lanes) at CR 28. The developer
will construct warranted traffic signals at the intersection of
CRs 49 and 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:
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,
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 arid 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 a Site Plan Review, shall be
subject to the applicable special use or site plan review process defined in the Weld County Code.
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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 Services. 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.
Section 1
Pioneer Agricultural Zone District
The Pioneer Agricultural Zone District shall conform to Chapter 23, Article III, Division 1, of the
Weld County Code, except as modified below.
1.10 Intent.
All Uses by Right or by Special Review within the A (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.]
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. Hunting and target practice, where not precluded by safety issues.
E. Cultivation, storage, and sale of crops, vegetables, plants, flowers, and
nursery stock raised on the premises.
F. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and
nursery stock not raised on the premises and not for sale on said premises.
G. OIL AND GAS PRODUCTION FACILITIES.
H. Open space, trails, and PUBLIC parks.
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Water wells and appurtenances.
J. 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.
K. TEMPORARY group assemblages subject to the Weld County Code.
L. Asphalt or concrete batch plant used temporarily and exclusively for the
completion of a PUBLIC road improvement project.
M. MOBILE HOME subject to the additional requirements of the Weld County
Code.
N. 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.
O. MANUFACTURED HOME subject to the additional requirements of the
Weld County Code.
P. ANIMAL BOARDING and animal TRAINING FACILITIES where the
maximum number of ANIMAL UNITS permitted in the Weld County Code is
not exceeded.
Q. 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.
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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 used 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 A (Agricultural)
Zone District in the Weld County Code.
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.
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.
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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.
I. 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.
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.
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1.50 Bulk requirements.
Front Setback Minimum 20'
Side and Rear Setbacks 3', or 1' for each 3' of BUILDING
HEIGHT, whichever is greater
Lot size 80 acres
Separation between permitted uses 10'
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 multi-year buildout period, densities within individual PA's 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
FACILITIES.
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.
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 FACILITIES.
B. PUBLIC and Private SCHOOLS.
C. CHURCHES.
D. MAJOR FACILITY OF A PUBLIC UTILITY.
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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
and
Maximum
Density
(Dwelling
Units per
Acre)
Minimum Lot 6,000 sf n/a n/a
Size
Minimum 6,000 sf 3,200 for detached n/a
Land Area units
per Unit 2,000 for attached units
Min. Setback
Front (or 15' (24' garage) 15' (24' for single-family 15' (24' for single-
corner lot detached dwelling unit family detached
side) garage) dwelling unit garage)
Rear 20' (24' detached garage) 10' (24' for single-family 10' (24' for single-
detached dwelling unit family detached
garage) dwelling unit garage)
Side 5' 5' 5'
Maximum
Building 40' 40' for detached 50'
Height 45' for attached
Maximum 50% 60% 60%
Lot
Coverage
Building Multiple buildings on one lot: Greater of 10' or
Separation 10' one half(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.
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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 space 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.
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 RESTAURANTS.
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, playgrounds, and recreation centers or facilities, and other
public outdoor uses.
K. Commercial parking lots.
L. Clubhouse and recreational facilities.
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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 feet.
B. Oil and gas well sites and production wells.
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.
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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 PA
shall be submitted, demonstrating compliance with parking lot landscape standards in
Section 26-3-60 (Southeast Weld MUD standards) of the Weld County Code.
3.90 Signage.
Signage within the Pioneer Commercial Zone District shall be part of the Site Plan Review
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 Chapter 23, Article IV, Division 2 -- Signs, of the Weld
County Code, as may be amended applicable to the C-3 Zoning District.
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 needs of the residents of Pioneer.
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.
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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 and Rear Setbacks 3', or 1' for each 3' of BUILDING
HEIGHT, whichever is greater.
Lot size 6,000 sf
Separation between permitted uses 10'
Height of structure (no limit)
Section 5
Pioneer Infrastructure Facilities Zone District
5.10 Intent.
[Applicant to propose intent language here, to be reviewed and approved by Weld County.]
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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 and Rear Setbacks 3', or 1' for each 3' of BUILDING
HEIGHT, whichever is greater.
Lot size 1 acre
Separation between permitted uses 10'
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 PA. Said
Neighborhood Parks shall count toward the 20 percent 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 4,000 square feet,
each age group).
B. Informal multi-purpose field.
C. Loop trail system (5 feet 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).
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H. Landscaping with automatic irrigation system.
Park sign.
J. Restrooms.
K. Tress, shrubs, grass, sidewalks, pathways, decorative mulch, and other
LANDSCAPING shall be provided on no less than 85 percent 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.
L. Fencing shall be of a design which allows for free passage of wildlife.
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, and 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:
A. Type A Signage: 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
eight (8)feet. The sign may be illuminated, but with no exposed bulbs or neon.
B. Type B Signage: 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
eight (8)feet. The sign may be illuminated, but with no exposed bulbs or neon.
C. Type C Signage: (Applicant to propose standards, inserted here, to be reviewed
and approved by Weld County, or to eliminate this sign type.]
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D. Neighborhood Monumentation Signs: Two signs allowed per entrance to a
neighborhood off of a collector or arterial status 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 eight(8)feet. The sign may be illuminated, but with
no exposed bulbs or neon.
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). Unless a use
requires processing of a Site Plan Review or a Use by Special Review, landscape plans
shall be submitted to, 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. may
also equal ten (10) 5-gallon deciduous or evergreen shrubs, or ten (10) one-gallon
ornamental grasses. Arterial and collector status 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.
a,•
Banks, business professional and public 1 space/300 sq. ft. GROSS FLOOR
OFFICES 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
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HOTELS and MOTELS 1 space/unit, plus additional spaces
required by this schedule for
Restaurants, etcetera 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 1 space/employee
CENTERS
Primary SCHOOLS (private, parochial, 1 space/employee
PUBLIC)
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, 1 space/employee, plus 1 per 5 students
PUBLIC)
Trade or business SCHOOLS and other 1 space/employee, plus 1 for each
post-secondary educational institutions student for the school's highest rated
classroom capacity
Any land use activity not otherwise A number of spaces determined by the
identified in Weld County Code Section Department of Planning Services to be
23-4-40, as amended reasonably necessary; the requirements
shall be 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 Commissioners review and action.
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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 on 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 Department of Planning Services.
d. The maximum number of units that may 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.
f. No density transfer of greater than 15 percent of the approved
Planning Area density of any single Planning Area may be approved
administratively.
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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 Services:
a. A vicinity map with the location of the 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 acreage.
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 Department of Planning Service shall refer the request to all
other applicable referral agencies for a 28-day review and comment period.
At the same time, the Department of Planning Services 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 Department of Planning Services shall deliver all
comments back to the applicant, and the applicant shall make any
necessary changes to the request, and resubmit for final Department of
Planning Services review. Upon resubmittal, the Department of Planning
Services 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 Department of Planning Services,
the applicant has addressed the comments, the Department of Planning
Services shall request mylars for execution and recording. If the
Department of Planning Services determines that the applicant has failed to
address objective comments, the Department of Planning Services 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 will have
30 days in which to appeal the Department of Planning Services's denial to
the Board of County Commissioners for a de-novo determination of the
application request.
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 Weld County Code for Change of
Zone applications.
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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. The applicant shall describe the
type and location of all permanent restroom and hand washing facilities
available within easy access of public gathering areas, and submit at Final
Plat application.
B. All PA's, commercial areas, public facilities PA's, and school areas shall
have direct trail connectivity. The applicant shall provide a layout similar to
the approved Sketch Plan documents, demonstrating there is trail
connectivity to all PA's and school sites. This layout shall be submitted at
Final Plat application.
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 shall 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.
D. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations, and
dimensioned on the final plat. Easements shall follow rear and side lot lines,
and shall have minimum total width of twenty(20)feet, apportioned equally
on abutting properties. Where front line easements are required, a
minimum of fifteen (15) feet shall be allocated as a utility easement.
E. The applicant shall submit, to the Department of Planning Services, a copy
of the set of Covenants, Controls and Restrictions; commitment to serve
documentation from the applicable Metropolitan District(s); the Law
Enforcement Authority paperwork; and any Homeowners' 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.
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 7.0 mills
created for the purpose of providing additional law enforcement by the Weld
County Sheriff to the residents of the developed or developing
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unincorporated Weld County. The revenues will 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.
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 Departments of
Public Works and Planning Services, and shall be approved by the Board
of County Commissioners.
H. The applicant shall submit a time frame for construction, in accordance to
Section 27-2-200 of the Weld County Code.
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, Homeowners'
Association, or other applicable party.
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 Rat.
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.
L. The applicant shall address the on-site landscape treatment, including the
proposed uses associated with any agricultural outlot.
M. The applicant shall submit a re-vegetation plan of all disturbed areas during
construction. The plan shall include information regarding plant type,
installation methods, and maintenance.
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.
O. A Weld County Building Technician will provide addresses at the time of
Final Plat. The PUD 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.
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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).
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
ATTEST: gell '/
+3��. .1161 iam H. Jerke, Chair
Weld County Clerk to the r.
obe�f D ;y ?.-', Pro-Tem
BY: n yam'
De u y Cler �. the Board /
Wi ' F. Garcia
AD AST M
/ / Davi E. Long
ounty Attorney
Dougl s Radem her
Date of signature: 91is
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