Loading...
HomeMy WebLinkAbout20080055.tiff • REUTZEL & ASSOCIATES,LLC ATTORNEYS AT LAW 9145 FAST KENYON AVENUE,SUITE 301 Land Use/Zoning DENVER,COLORADO 80237 Real Estate Telephone(303)694-1982 Annexations Fax(303)694-3831 Community Associations www.rcutzelandassoc.com Oil and Gas Local Government JACK E.REUTZEL iack(d,reutzelandassoc.com September 18, 2007 Mr. Brad Mueller Weld County Planning Services 918 10th Street Greeley, CO 80631 Re: Pioneer PUD Change of Zone Application(File No. PZ-1125) Response to Conditions of Approval Dear Brad, The following are responses to the referral comments on the Pioneer COZ. Planning and Engineering responses to comments will be provided under separate cover. COUNTY Attorney No comments received • Weld County Department of Public Health and Environment received via email August 21, 2007 1. Water service shall be obtained from Resource Colorado Water District RESPONSE: Water service shall be obtained from Resource Colorado Metropolitan District. 2. Sewer service shall be obtained from the Resource Colorado Sanitation District. RESPONSE:Sewer service shall be obtained from Resource Colorado Metropolitan District. There are not separate Districts for Water and Sanitation. 3. Passive and active recreational uses shall be clearly defined. RESPONSE: The land use distinction is differentiated between Parks(active uses)and Open Space(passive uses). Site plans will be reviewed for Parks within the Public Facilities Zone subject to the Development Standards established with the PUD. 4. Permanent restroom and handwashing facilities shall be provided within easy access of the public gathering areas. Describe the type and location of all permanent restroom and handwashing facilities available within easy access of public gathering areas. This shall be submitted at Final Plat application RESPONSE: We will work with the Weld County Health Department in locating necessary wash facilities where appropriate at time of final plan. 5. All planning areas, commercial areas, public facilities planning areas and school areas shall have direct trail connectivity. Provide a layout similar to the approved Sketch plan documents demonstrating there is trail connectivity to all planning areas and school sites. This layout shall be submitted at Final Plat application. RESPONSE: We will work with Weld County in locating trails in a manner to preserve trail connections where appropriate at time of final plan. • 1 2008-0055 • 6. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wo/PermitsUnit for more information. RESPONSE:Agreed. The applicant will be responsible for contacting the Dept. of Health and Environment. 7. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. RESPONSE:Agreed. These types of issues will be addressed prior to or at the time construction commences on site. 8. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. RESPONSE: Agreed. These types of issues will be addressed at the appropriate time. 9. If land development creates more than 25 acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. RESPONSE: The Pioneer development will likely exceed the minimums stated in this comment and will process a Fugitive Dust Control Plan as required by CDPHE. 10. Weld County's Right to Farm as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. RESPONSE:Reference to the Right to Farm Statement will be included on the subdivision plats. • Emergency Management Office RESPONSE: No comments were received. Weld County's Sheriff's Office 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the subdivision in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. RESPONSE: The plan will address accommodations for the children's safety and shelter with Final Plan review of the subdivisions. 2. Either mail distribution within the subdivision or a central drop off location within the subdivision should be developed so that residents do not have to cross a county road to obtain their mail. RESPONSE:Mail delivery will be reviewed with the Postal Service and box locations identified with the Final Plans of the subdivisions. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the subdivision, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. RESPONSE: There are several levels of signage,from community monumentation to neighborhood identification. Maintenance responsibilities will be addressed as District and HOA responsibilities.Address plats will be provided to the Emergency Services for referral and as a resource record. • 2 4. If the roadways within this subdivision are not maintained or adopted by the County, individuals • purchasing property in this subdivision should be notified that the Sheriffs Office will have limited traffic enforcement powers. RESPONSE: Roadways will be conveyed to the County, as is currently the practice for public County roadways. The issue of maintenance is still being addressed with Weld County. Any roadways identified as private will be determined at the time of Final plan. The issue of enforcement can be discussed at the time of that referral to the Sheriff's Office. 5. A plan should be developed to maintain roadways within the subdivision especially during inclement weather conditions for emergency vehicles. RESPONSE: The issue of maintenance is still being addressed with Weld County, 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. RESPONSE:Pioneer will have multiple HOA's as well as District management to address common area maintenance. Contacts can be coordinated at the time these associations are established. 7. If there are oil or gas production facilities within this subdivision, they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. RESPONSE: Consistent design standards to address safety and asthetics are being developed with the oil and gas companies as part of the Surface Use Agreements(SUA). These standards will be refined with landscaping and fence types at the time of Final Plan. 8. The names of all streets with the subdivision should be presented to the Sheriff's Office for approval. This will eliminate duplication of street names within the County. RESPONSE:Subdivision and address plat referrals will be provided to the Sheriff's Office • through Weld County Planning at the time of application. 9. The Sheriff's Office encourages Law Enforcement Authorities to provide additional funding for law enforcement requirements in the future. RESPONSE:Pioneer has made a commitment and has an agreement in place with Weld County for a Law Enforcement Authority. PUBLIC WORKS—Development Division/ Stormwater/Floodplain Division RESPONSE under separate cover Weld County Building Inspection Division RESPONSE: The comments provided by the Building Inspection Division are more appropriately addressed with the Final plat and request for Building permits. On behalf of the applicant we do not have an issue with the requests and requirements as stated. 1. A separate building permit shall be obtained prior to the construction of any building. RESPONSE: The applicant will comply with the requirements as stated. 2. A plan review is required for each building for which a building permit is required. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Commercial building plans require a Code Analysis Data sheet,which is provided by the Weld County Building department. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. RESPONSE: The applicant will comply with the requirements as stated. • 3 • 3. Buildings shall conform to the requirements of the codes adopted by Weld county at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. RESPONSE: The applicant will comply with the requirements as stated. 4. 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. RESPONSE: The applicant will comply with requirements as stated. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. RESPONSE: The applicant will comply with requirements as stated. 6. Building height shall be measured in accordance with the 2006 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. Builidng 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 building to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. RESPONSE: The applicant will comply with requirements as stated. 7. There are 4 historical permits on record with final status. • RESPONSE: Demolition permits will be requested as needed for existing structures. 8. Provide a letter from South East Weld and Hudson Fire Protection Districts prior to construction. RESPONSE: Fire protection will be addressed prior to construction. Weld County Zoning Compliance No comments therefore no response required. Weld County Paramedic(Ambulance)Services RESPONSE: Subject to Final Plat and Site Plan review the development will meet EMS and Fire access needs. Weld County Planning RESPONSE UNDER SEPARATE COVER. STATE Office of State Engineer Division of Water Resources No response required at this time. State Engineer's office will review the request when a subdivision is requested. • 4 Department of Transportation • 1. The proposed Pioneer Development would construct nearly 10,000 homes and generate approximately 75,000 daily vehicle trips onto the state highways of 1-76, US 85 and US 34. Given the existing rural characteristics of these facilities, the proposed development would severely increase the traffic flow onto these roadways and potentially change them from rural highways to urbanized highways. Given the substantial increases we recommend that the analysis be expanded to include additional intersections along US 85 and US 34 (see comment 2 below) and that a detailed analysis of the 1-76 mainline lanes be completed. RESPONSE: Based on discussions with Gloria Hice-Idler of CDOT, we have agreement with CDOT that it is not appropriate to expand the scope of this traffic study to include analysis of additional intersections along US 85 and US 34 or to do a more detailed analysis of the 1-76 mainline lanes. 2. Page 10 of the study indicates that the US 85 Access Control Plan stipulates the intersection of US 85/WCR 22 as a right-in/right-out (RIRO) intersection, when in fact the Access Plan calls for this intersection to be an un-signalized, full-movement access. As a full-movement un-signalized access, the site-related traffic demand would most likely result in long delays and over-capacity conditions for left-turning and east/west through traffic. Installing a traffic signal to mitigate this impact would require an amendment to the US 85 Access Control Plan, along with obtaining CDOT's approval to amend the plan. RESPONSE: Based on discussions with Gloria Hice-Idler of CDOT, we have agreement with CDOT that it is not the responsibility of this development to amend the US 85 Access Control Plan. As previously indicated in response to Weld County comments, Weld County must initiate this process. Therefore, we do not feel it is appropriate to analyze this intersection as a full-movement signalized intersection at this time. 3. Given the volume of site-related traffic that is expected to utilize the US 85 and US 34 corridors, • an expanded analysis of intersections should be completed along these roadways. As a minimum, the intersections should be completed along these roadways. As a minimum, the intersections of US 85/ SH 52; US 85/ SH 66 and US 34/US 34 BR should be analyzed to determine potential impacts and mitigation. The State Highway Access Code should be referenced to determine the need for acceleration and deceleration lanes. RESPONSE: Based on discussions with Gloria Hice-Idler of CDOT, we have agreement with CDOT that it is not appropriate to expand the scope of this traffic study to include analysis of additional intersections along US 85 and US 34. 4. Due to the close proximity of the Union Pacific railroad tracks to the east of SH-85 on WCR 22 (approximately 200 feet), there is a potential for WCR 22 traffic queues to spill over the rail-road tracks. This should be investigated further within the context of comment 3 above. RESPONSE: Based on discussions with Gloria Hice-Idler of CDOT, we have agreement with CDOT that it is not the responsibility of this development to amend the US 85 Access Control Plan. As previously indicated in response to Weld County comments, Weld County must initiate this process. Therefore, we do not feel it is appropriate to analyze this intersection as a full-movement signalized intersection at this time. 5. Capacity or highway operation degradation is not discussed nor analyzed for mainline 1-76 during peak periods. We realize this analysis will be completed during the 1601 process; however, we have serious doubts that the existing 4-lane interstate facility has the capacity to handle the added site traffic by year 2030. By the year 2030, the proposed development will add 2,425 eastbound trips to 1-76 during the AM peak hour and 2,771 westbound trips during the PM peak hour. A quick HCM analysis of the basic freeway segment on 1-76 just west of WCR 49 suggests that the development will cause the freeway LOS to degrade from LOS A to LOS E by 2030. RESPONSE: Based on discussions with Gloria Hice-Idler of CDOT, we have agreement with CDOT that it is not appropriate to expand the scope of this traffic study to include analysis of the 1-76 mainline lanes. This analysis will be done with the 1601 study. • 5 • 6. In addition to requiring a 1601 Interchange Feasibility Study for the interchanges on 1-76, the developer must follow the appropriate NEPA process for environmental clearance. Bullet 16 of the Conclusion section states that a 24-month process will be needed to proceed through the 1601 Process and Final Design. When considering the necessary environmental documentation required for the two interchanges, a 3-4 year time period may be more appropriate for the interchange approval, design and construction process. As such, the approval process may need to start sooner than the 1500th building permit as stated on Page 81 of this TIS. RESPONSE: The Pioneer Development team is willing to start the 1601 process when CDOT and Weld County feel it is appropriate. 7. The number of captured trips between the distinguishing land uses (residential vs. school/retail) should balance for each time period (i.e. if there are 1000 residential captured trips in the AM peak hour there should also be a corresponding 1000 school/retail captured trips in the AM peak hour). Close inspection of the trip generation Tables 1-4 suggests that there is a relatively large imbalance of these internal trip pairs during each analysis period. The ITE Trip Generation Handbook states that"the number of trips between a particular pair of internal land uses is limited to the smaller of these two values." In general, internal trip reductions should be accounted for by the number of trips rather than using percent reduction. This ensures that the trip reductions balance between the land use pairs. RESPONSE: The internal capture methodology was discussed in detail in previous comments from Weld County and the methodology that is shown in the latest report is the result of this discussion. Therefore, we do not feel it is appropriate to modify this at this time. Other Comments 8. The report should provide some documentation as to how the number of school students was determined given that each student has a reduction effect on the overall amount of traffic generated. RESPONSE: The number of schools and assumed number of students is based on • discussions with the local school board for the area and in our opinion is appropriate for the proposed development. 9. The report should provide information on estimated queue lengths and required storage for intersections on the state highway system. RESPONSE: Based on discussions with Gloria Hice-Idler of COOT, we have agreement with COOT that it is not appropriate to expand the scope of this traffic study to include detailed analysis of turn lane requirements for the State Highway system. This analysis will be done at the time of application for access permits. 10. The report should provide an analysis of existing (2006) conditions for intersections on the state highway system. RESPONSE: The analysis of existing(2006) conditions for intersections on the state highway system will be provided as requested. 11. There is a discrepancy in 2020 & 2030 recommended external intersection geometry and HCM intersection report geometry for the proposed interchange at 1-76 and WCR-53 (south-side interchange geometries differ). RESPONSE: This is a minor error which will be corrected and is not expected to change the conclusions and recommendations shown in the most recent traffic study. 12. 2030 external traffic volume value for the AM period northbound-through movement at US 85 & WCR 22 is incorrect; it duplicates the PM value for the same movement. This error follows through for the 2030 HCM comparison report page. RESPONSE: This is a minor error which will be corrected and is not expected to change the conclusions and recommendations shown in the most recent traffic study. • 6 • 13. Volume to capacity ratios(v/c)for years 2016, 2020, and 2030 at 1-76 &WCR 49 PM eastbound- left movement are .87 (1274 vph), .87 (1251 vph), and .95 (1802 vph), respectively. This movement has the potential to queue out onto 1-76 and possibly degrade mainline operations. RESPONSE: Based on discussions with Gloria Hice-Idler of CDOT, we have agreement with CDOT that it is not appropriate to expand the scope of this traffic study to include additional analysis of the proposed 1-76 interchanges. This analysis will be done with the 1601 study. 14. The items listed below dispute the statement made on page 54, paragraph 2, "As shown in tables 5-8, all signalized intersections are expected to operate at a good level of service (LOS "C" or better) during both morning and evening peak-hours through the Year 2030. Critical approaches at all stop controlled intersections are also expected to operate at a good Level of Service (LOS "C" or better)through the Year 2030." (a) Volume to capacity ratios (v/c)for year 2030 at US 85 & WCR-22 AM & PM westbound-right movement is 1.90 (LOS-F)and 1.33 (LOS F), respectively. This movement has the potential to queue over and past the railroad tracks, which are located approximately 200 feet to the east of SH-85. RESPONSE: We disagree with this comment. The capacity of a free right-turn movement with an acceleration lane is well over 1,000 vehicles per hour. Our 2030 projections show a maximum of 520 westbound right-turning vehicles at the US 85/WCR 22 intersection and therefore we do not see a capacity issue for that movement. (b) Volume to capacity ration (v/c)for year 2030 at the interchange at 1-76 & WCR-49 PM (north side of interchange) for the westbound-right turn movement is 3.42 (LOS F). This is due to the fact that this is proposed to be a non-signalized intersection and the presence of a heavy volume of northbound through volume coming from the east-bound left movement from the south side of the interchange. This movement has the potential to queue onto mainline 1-76, possibly degrading mainline operations. • RESPONSE: Based on discussions with Gloria Hice-Idler of CDOT, we have agreement with CDOT that it is not appropriate to expand the scope of this traffic study to include additional analysis of the proposed 1-76 interchanges. This analysis will be done with the 1601 study. 15. For some HCM intersection reports detailing future year intersection operation, the modeled cycle length is not feasible due to controller limitations that force phases to meet a standard minimum green values (for example a green time value of 2-seconds is not feasible at US 34 & WCR-49 for the SBL movement during 2016-2030 analysis years). As a rule of thumb, 11 seconds should be used as the minimum split time (green plus yellow and all-red) for any movement at a signalized intersection. RESPONSE: This is a minor error which will be corrected and is not expected to change the conclusions and recommendations shown in the most recent traffic study. Colorado Water Conservation Board RESPONSE: The project contains Special Flood Hazard Areas(SFHA)created by Box Elder Creek. Pioneer understands that work within the SFHA will require the issuance of a Floodplain Development Permit(FDP) through Weld County prior to beginning of construction. • 7 DIVISION OF WILDLIFE • Colorado Division of Wildlife RESPONSE: Under separate cover-a copy of Harkins Property Ecological Assessment dated February 2, 2005 by Wildlife Specialties, LLC. has been provided. This study was submitted with the original application to Weld County. 1. Any removal of prairie dogs be done in a humane way. RESPONSE: The applicant will comply with requirements as stated. 2. A survey be done for Burrowing Owls and appropriate actions taken RESPONSE: Per our"Ecological Assessment"prepared February 2, 2005 by Wildlife Specialties, Inc. (herein after the "Wildlife Study'9: "Any ground disturbing activities conducted between March 1 and October 31 must be cleared via surveys for Burrowing Owls." It is our intent to comply with the Division of Wildlife's recommendation by following the above guidelines as provided in the Wildlife Study. 3. Any fences constructed follow the Division of Wildlife guidelines. RESPONSE: Fencing recommended by the Division of Wildlife works well in areas of the county where little or no development exists. Through the urbanization of the subject property it is not practical, desirable, nor safe for the property to not install some privacy fencing though we will make every effort to adhere to the recommendations of the Division of Wildlife where practical. Neighborhood fencing standards and details will be provided at Final plan review. Drainage corridors that can serve as migration trails will remain open. 4. Initial groundbreaking construction take place after August 15 and before April 1 to prevent the destruction of ground nesting bird nests. RESPONSE: Please see#(2)above regarding how we intend to comply with the Division of Wildlife recommendations. • 5. Leash covenants be established for pets. RESPONSE: Agreed. These types of issues will be addressed in the CC&R's at the time of Final Plan. 6. New homeowners be made aware of the nuisance wildlife found in the area. RESPONSE: The applicant will comply with recommendation as stated. 7. The Box Elder Creek corridor be protected from pets and development. RESPONSE: Plans as submitted to the county for approval illustrate that buildings are not proposed in the Box Elder Drainageway. Leash covenants and fencing will limit pets from accessing the natural drainageways. Road crossing improvements will be addressed through the appropriate review process with the County. 8. Surveys for raptor nests be done prior to construction. RESPONSE:Refer to Section 6.0 Conclusion in the"Wildlife Study". "The property does not have habitat capable of supporting species listed,proposed for listing, or are candidates for listing under the Endangered Species Act" Further, we intend to comply with the Wildlife Study conclusions which states we should perform additional surveys prior to development of the property for certain specified species. 9. A weed management plan be developed for during and after construction. RESPONSE: It is Pioneer's intent to re-vegetate areas disturbed by construction with native material, as specified by our landscape architects. Further our landscape architects will be charged with preparing an overall plant palate for the entire community which will emphasize the prairie, farming and related themes. 10. Open space be kept in natural vegetation and remain connected. RESPONSE: We intend to use native materials as much as possible and especially in Open Space • Areas. We also believe connectivity of the Open Space corridors to be important and have taken 8 steps to maximize such connectivity in our plan. Detail on trail connections will be provided at • the time of final plat. SOIL CONSERVATION DISTRICT Platte Valley Conservation District The use of Fountain grass should be reconsidered. While not listed on the State weed list, Fountain grass is considered a weed and is capable of escape as an aggressive ornamental. RESPONSE: Pioneer will either propose an acceptable replacement species or simply delete the use of the material. TOWNS AND CITIES Town of Keenseburq RESPONSE: The applicant will continue cooperation with the Town of Keenesburg regarding the construction of the parkway and working on the water/wastewater agreement. Town of Hudson RESPONSE:Pioneer appreciates the response from the Town of Hudson. The issues that were discussed at the Planning Commission meeting were appropriate and Pioneer offered answers to each of the Town's concerns. Pioneer expects that there will be appropriate times in the next few years to work on cooperative projects and coordinated planning opportunities. OTHER SCHOOL DISTRICT RE-3J received via email from the County on September 4, 2007/a replacement letter was sent dated September 12, 2007 • RESPONSE PROVIDED UNDER SEPARATE COVER The District remains concerned about the topography of the sites and recommends a grade of no more than five percent, instead of the six percent grade suggested in the plan. RESPONSE: Final grading of sites will require grades that meet the federal standards established with the Americans with Disabilities Act. Anadarko Land/ Encana/Kerr McGee RESPONSE: Pioneer has been working with all involved Oil& Gas companies on a continual basis for approximately 2 years now. Please note the following status of the Pioneer and the Oil& Gas company negotiations: a. The summary of activity from our Oil&Gas attorney has been updated to reflect the recent activity(attached). b. The contact list for mailing of notices has been updated as discussed with staff. c. The Hard Mineral Agreement is essentially complete and is pending resolution of the Surface Use Agreement(SUA) so that the approved documents can be routed together for signature. d. The SUA text has been through extensive revisions and is in its final form pending agreement with the Oil&Gas companies.Associated with the text of the agreement are the exhibits; these exhibits have also been the subject of extensive review and edit.At the present time we are 99-100%complete pending agreement on placement of boundary wells in agricultural lands. Henrylyn Ditch Company Farmer's Reservoir&Irrigation Co. received via FAX August 2, 2007 • 1. Concerns of FRICO are in the area of encroachment to the ROW of the canal. FRICO requires a minimum of 20'on each side of the canal...boundaries of the ROW must be agreed upon. 9 RESPONSE: While the lands adjacent to or impacted by FRICO ditches are not a part of this • rezoning please note the following:Per our review of the site the FRICO ditches that encroach on our property are the Neres Canal that crosses a portion of Section 2, and the Bee Bee Seep that is adjacent to Section 14. Initially we had anticipated a portion of this area with future urban residential development, but we have since changed our plans and have not included Sections 2 or 14 in the proposed rezoning. That being the case, both the Neres Canal and Bee Bee Seep will remain in agricultural lands and should therefore not be impacted. 2. FRICO does not allow any developed storm flow into our canals. RESPONSE: Since Sections 2 or 14 are not a part of the proposed rezoning, and given that the area will remain agricultural, no developed storm flow will be present.Additionally, we will continue to ensure that any activity remains sensitive to the needs of FRICO. 3. Please send additional info regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. RESPONSE: Pioneer will continue to maintain communications with FRICO and will share information to assist with the continued enhancement of our relationship on this property. Public Service of CO No comments were received. Colorado Interstate Gas County notified Pioneer of a draft EIS in conjunction with Colorado Interstate Gas Company's High Plains Expansion Project on 20 August 2007. The draft EIS showed the pipe going just east of Klug Lake and essentially right through the middle of Pioneer's proposed high density districts. RESPONSE: The EIS was not correct and was likely created prior to the alignment agreement between Pioneer and CIG. A letter of correction is attached from Mike Rutherford Land Agent for Colorado Interstate Gas Company. • Noble Energy No comments were received. Resource Colorado Metro District No comments were received. XCEL Energy RESPONSE: The continued operation of the overhead electric transmission lines will be permitted with the rezoning of the Property. The developer will work in a cooperative manner with XCEL on all safety standards and liability matters. FIRE DISTRICTS Fire Districts received via email August 22, 2007 through Brad Mueller from Chief Blackston stating: At the current time both Hudson and Southeast Weld Fire Districts cannot provide sufficient coverage to the Pioneer development that they are proposing in their proposal. For a start land dedicated for a station would help. The proposed 2 mills split between the districts would not be sufficient for a station and equipment.At the current time both districts are still volunteer departments. Hudson has only one paid position at this time. For the type of coverage Pioneer is proposing the districts would need further assistance to reach this goal. Both depts are still rural volunteer depts but are willing to continue to keep working with Pioneer to reach this goal. RESPONSE: Fire service is provided to Pioneer through two(2)existing fire districts. • Pioneer prepared and presented a plan for upgrading response times to Pioneer as development progresses. • Pioneer has indicated that a facility will be dedicated on-site. • Note that construction of housing on Pioneer is not anticipated before 2010. We anticipate that the area will continue to change and that service demands and coverage capabilities will continue to evolve. • Pioneer will continue to work with the fire districts on these issues when requested to do so by the fire districts. 10 Page 1 of 1 Brad Mueller • From: Brad Mueller Sent: Wednesday, September 26, 2007 10:10 AM To: Scot Lewis; David Bauer; Hice-Idler, Gloria; Bruce Barker; Joe Racine Cc: Brad Mueller Subject: Jurisdictional responsibilities for 1601 processes Scot, Dave, Gloria, Bruce, and Joe, In a recent coordination meeting concerning road improvements related to the Pioneer development, the question was raised about whether Hudson was annexed as far east as CR 53 along 1-76 and, if so, what would be their role in any future 1061 Interchange process? I have verified that Hudson is NOT annexed as far east as CR 53. However, I think that we should still clarify the question among ourselves, because this scenario could present itself in the future. If so, it would be important to know which jurisdiction has responsibility for initiating the 1601 process. If there are both unincorporated county land and incorporated town limits surrounding an interchange site, which jurisdiction is required to initiate they 1601 process? Can either one? Or do both have to? Can one jurisdiction defer processing to the other? Gloria, these are probably questions for the CDOT legal staff, so please let us know any determination on this question. I think if we all have a clear understanding of the various options, it will help us as we work to establish road construction requirements for Pioneer at this site. • Thank you, Brad • 09/26/2007 September 19, 2007 — MEG-7—We; rt ^t- s+ nlc: r APFL tANr PIONEER/ PLANNING DEPARTMENT COMMENTS • • INFRASTRUCTURE FACILITIES ZONE - Pioneer would propose to enlarge PA 46 to provide additional flexibility on where the water treatment plant or storage tanks are located. (Item 11, page 2) • WATER STORAGE - compromise proposed that water storage facilities be allowed as a use by right in agriculture zones and in the proposed "Infrastructure Facilities Zone District" and that it is a use approval in the public facilities zone district. (Item 15, page 2) • AGRICULTURAL ZONE - request Special Review Uses K-N are moved to the "Permitted" list. • COMMERCIAL ZONE - expand to include other uses in keeping with the retail area. • PARKING SPACE TABLE - amend / omit uses that are not allowed in Pioneer. • PUBLIC FACILITIES ZONE District - Uses by Special Review should include police and fire stations. (page 11) • NEIGHBORHOOD PARKS - Define "softscape." (Item 27, page 12) • STEETSCAPE PROFILES - Conceptual exhibits of the streetscape profiles should not • be turned into development standards. These were intended to demonstrate how the development standards could be implemented. The standards as written allow for greater creativity of design and we weould prefer not include the profiles in the Change of Zone. (Item 35, page 13) • PUD AMENDMENTS The ability to administratively amend Pioneer for changes required by the County or referral agencies needs to be preserved. (Item 38, page 13) • TYPO - 9 schools, not 90. (Item C.1, page 13) • FLOODPLAIN NOTE - Work with City Attorney to reword note. (Item C.9, page 14) • HOA NOTE - Sale of any lot shouldn't trigger establishment of an HOA. Clarify that this is specific to issuance of building permits and sale of homes (Item C.18, page 15) • VESTING - Work with the City Attorney to develop acceptable language. (Item C.32, page 16) • LOCAL PARKS - Revise from 30% to 50% for construction of local park improvements. (Item D.4, page 17) • CONVEYANCE OF MINERAL RIGHTS - Mineral rights with park land can not be • conveyed if they have been severed (Item F.8, page 22) • " � Pioneer Change of Zone Agenda • Meeting with Weld County Public Works Department September 17, 2007 Wednesday, 9:00 AM ►In general, agreement is needed with the County as to when issues and conditions are to be addressed. • Prior to Planning Commission • Prior to Board of County Commissioners • Prior to recordation • Advisory and will be addressed at the time of Final Plan/ Plat Key Issues for discussion are outlined as follows: A. Transportation Items for Discussion (LSC): • Offsite requirements I commitments o 1-76 interchanges o WCR 49 o WCR 22 o WCR 53 o Keenesburg Parkway o Connection to adjacent properties • • Offsite improvement commitments (Funding) • 1601 timing • NavJoy comments • Roadway sections B. Drainage Items for Discussion (Carroll & Lange, Inc.) • Basin delineation for the drainage study and FHAD • Percent impervious values C Use worst case for all final development areas h+ 0,"L Use 75-percent values for all high-density developments r-H A� ,_,r • In-situ soil parameters • Basin C-1 clarification • Klug reservoir C. Change of Zone Document Items for Discussion: • Alternative Vesting language (note #17) working directly with County Attorney's office • Page 1 of 1 Brad Mueller • From: Joy McGee [joy@reutzelandassoc.com] Sent: Friday, August 17, 2007 3:58 PM To: Brad Mueller Cc: Jack Reutzel Subject: existing homes on Pioneer land Attachments: existing Building locations.pdf Hi Brad, The Key map to the ALTA is attached with red dots in the general areas of existing structures. You have a copy of the ALTA for Pioneer (in the Comp plan notebook). The following residential structures are noted: 1) SW1/4 Section 8 - sheet 13 of 22 2) SW1/4 Section 12 - sheet 17 of 22 (Detail A and Detail C) 4) NW1/4 Section 13 - sheet 18 of 22 Detail B) 3) NE1/4 Section 15 - sheet 20 of 22 (Detail D) It is my understanding that the structures on the Pioneer property are planned for demolition. As you can see there is only one within a defined residential planning area. Hope this helps.... Anything from Engineering???? Would you like us to address responses to date on comments we have received? Joy From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Friday, August 17, 2007 12:05 PM To: Joy McGee Subject: existing homes on Pioneer land Joy, Would it be possible to get even just a hand-marked map, indicating the approximate location of the existing homes in the Pioneer PUD land areas? We'll looking to understand how many existing structures are impacted. Thanks —we're continuing full-stream with our efforts. Brad • 08/20/2007 jI6 g i,0i` t}illa i: $ t v 2 ��, L Ir a • i.3*-; i .,-,A i d!'it. i i = I. I\ = ic) as :: i`r•r in ii 11 .; IW{I \\\ �W nr_ r.. W . i I Yj \ ,-; 14 \ \ i t tno I • \� \ \ a.\ \\ Li J id z \` 4 v . \ >N �cl �Wy` N • W tin i \ ti �\. b, \ i.1_ IT vs D z ci \. \ i \L.11 ,, m.,,I c> I \�w \\ \w • I--tn 0< h'i. ;7) o \ . luk< • • \\`-bz\-4LI! 92 a. W i 0 m w'-N .DI >._ \\` b\\ • h\ 0 Z _ .F w' uj ai Op ` i L.:, L:.L•••L'1 w I 2 z ,- tw I U .'CFO I I _Li :: �':1_: _;�.__ ' _. .... —.4 �z�Z -- L.��r-lklk �~ I O N ! ^1-, 1_,1.2-1_7_,.-L-._,1— t o Z. Q w�2 ; i _L- i. _ L`y� ___I u)z to �. ..-1_,. `_�i_ ~ QZ M --: 1'L i �.,i.Z.L.1 i..l...,_11 L,I.I,,..,.�i"1 - - .t w•.a, i I�. ��, 4.. ... :1• L 1_k ikl_I •_ 1_ w I—Iti E in M i -. �U A9 U V1 I I w N < I 7 I Z C4 t, ! a< a MIN axx �WIC I a O , r) F-i i a'4n1g v W M O W �_... .T._..� c N 2 NI y •� I I CC U I 0 Colorado ep Interstate Gas • an El Paso company September 24, 2007 Weld County Planning Department 918 10th Street Greeley,Colorado 80631 Re: Pioneer Community Development Colorado Interstate Gas High Plains Pipeline Project Sections 1,12,13 Twp. 2 North, Range 65 W Weld County, Colorado To Whom It May Concern: In a recent DEIS (Draft Environmental Impact Statement) issued by the Federal Energy Regulatory Commission on August 8, 2007, there may have been some misunderstanding on the alignment of the High Plains Pipeline Project. This was further clarified in the "other route variations" section (3.6.2). Colorado Interstate Gas Company • and JF Companies (the group developing the Pioneer Community), have mutually agreed on an alignment west of the initial proposed route that will not effect the Pioneer Community Development plans. Attached are copies of the agreed alignment showing the High Plains Pipeline Project in relation to the Pioneer Community Development. �rr you _.�►ice � eff Voltattorni Supervisor, Land Department Colorado Interstate Gas Company 2 North Nevada Ave. Colorado Springs, Colorado 80903 • Colorado Interstate Gas 2 North Nevada Avenue Colorado Springs.Colorado 50903 PO Box 1087 Colorado Springs.Colorado 80944 lel 719473 2300 • Jul 13.2007-347Ptl 36 31 351 a T 3 N P • z W 1 T 2 N 1 8 V• N 145651.71 Qh E 1746010.50 H.P.FARMS, 5 or17.08" w LW ' 120.13' SpG 1'- Nao o we 1111' N 14585271.51 S 88'04'25" E _E(_0 TO • 174B057d0 2405.23 • TO THE SE » OF SECTION 1 e ♦ PaMC COMER DECHANT, CONt CALCULATE) i R ALVIN A A o rAYlpR P.1. • PROMO*,aae1CN V 2 1 1 1 w 7 12 12 P7 H.P. FARMS. LLQ • 120.13 FEET 7.28 RODS 0.138 ACRES EASEMENT DESCRIP77ON A 50.00 foot easement for pipeline purposes across a portion of Section 1. Township 2 North. Range 65 West of the 6th Principal Meridian, Weld County. Colorado. Said Easement being 25.00 feet on each side of the following described centerline: Beginning at a point on the North line of a parcel of land described In Rec. }3280274 (Parcel CO of the Weld County Records, from which the South quarter corner of said Section 1 bears S 55'20'23" W, a distance of 202.25 feet thence S 01'17'08' W. a distance of 120.13 feet to a point on the South line of the Southeast quarter of said Section 1, from which the Southeast corner of said Section 1 bears S 88.04'25' E. a distance of 2405.23 feet CER77f7CATE OF SURVEYOR I. Randall S. Stelzner, a Professional Land Surveyor In the State of Colorado, do hereby state that to the best of my knowledge. information. and belief, this map was prepared from field notes taken during an actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown. NOTES Randall S. Stelzner _ '}{{{ 11114 13)[n�..4::L�i wrI.—set� umum r r es Survivor LS 18213 t r.,:• I�/ 1tir.t, 5.) boatMot so sotie 11y=la abl wr by CPS 6a a..rere e,.wt..ins a UN Da 13 Nat N y*_ 1:2. a°* craw N,..w.01*Sin e.)are Snug polar: 0.0916036615( W I.Crone /rrrli.�`+�0 YYR'tor' 111 118F.., 5st mmm Nn PROWCO tin NO. CRE cr CESCCRPlaN PIIat.R N.)e. REVISIONS pe1Ns. ROCKY Na.ON. Op.see NATIONS LAND PLAT sate a c../Pw_ r¢a l l Cabrsdo Interstate Secure: 1 lissom* 126 I Rees R 16 W IN. 250A-30" OY Company an En= • Oft LCD eels 03/05/07 Refer lb 114327 se•Wi W Os ws pee 07/13/07 some .S Nam H.P. FARMS, LLC � rip awe 0-1-0146 2500-146 ITrle ACM t M. 0 Jul 13.2007-3MlPY 2,....1 S 88.03'5." E 2569.14' • 111112 S1 8 N 14 5527661 1 7 E 171.85].89 friast1-54' W ip. 2.� I DECHANT, m - A II ALVIN ,�, H.P.FARMS, l m sae v.tart LLC \ a 4E a Et taco kl w \ 2 ,, ^^ ce yP m --4 W. C a D rolNa K a . FO CORNElt UNDe L rC�luulannlE��R�� T Car C o Eh. C4r PA H.P.FARMS, ,. • pRoeu 17 caam LLC to to N 69'1725' W tr 211.25' (TIE) \ N 113.000277 - \. /E 174/99652 11 12 I INDETERMINATE n J/ �7 14 13 N 8717'25' W 2593.42' 13-16 M.P. FARMS. LLC . 5274.24 FEET 319.65 RODS 6.054 ACRES EASEMFNT DESCRIP 170/V A 50.00 foot easement for pipeline purposes across a portion of Section 12. Township 2 North, Range 65 West of the 8th Principal Meridian, Weld County, Colorado. Said Easement being 25.00 feet on each side of the following described centerline: Beginning at o point on the North line of the Northeast quarter of said Section 12. from which the North quarter corner of said Section 12 bears N 88'04'25 W, a distance of 164.08 feet thence S 0-517'08' w, a distance of 525.54 feet to a point; thence S 0036'30' E, a distance of 4748.70 feet to a point on the South line of the Southeast quarter of said Section 12, from which the South quarter corner of said Section 12 bean N 89'17'25' W. a distance of 211.25 feet. CERITRCA1E OF SURVEYOR I, Randall S. Stelzner, a Professional Land Surveyor in the State of Colorado, do hereby state that to the best of my knowledge, information, and belief, this map was prepared from field notes taken during on actual survey made by me or under my direct eupealsion and that this map correctly shows the results of said survey and that the monuments found are as shown. NOTES tlrr,r l To -doe Rot eeeNPle a 17owF Randall S. Stelzner = I. 23 rrl�l:tat' ..,"•"171=1.4r Sewpar IS 78263 r `/I �' .,,, 41.3 Da a bore,-PweyMr�Me .erN.abas 15 5.)0ev*we aeon es ride.to U[1e.13 Nat Al • s'• 7'!s/ )oe%• ' 6)teal deems Omen a fear a�9916134m7(old 1.a.wi '4' ,lit -a $n�a�•e NO MIMED RC NO. ME 6f 0FEOIPIlON PM.ID NPR REVISIONS Deli= ROCKY MIN.DN. Op.Pees wan LAND PLAT slob: COLORADO a.fsara VELD p^�'Colorado Interstate Seoee.e 12 I Toned* T 2 N 'Tango II e3 w LN. 250A-30• `T Gee Company. on LCDgets 03/61/07 Papal 0. 114827 MSM errrwMw CNN las Dees 07/13/07 Sees AS WTI H.P. FARMS, LLC 1 a 1 Raw hen Des7Nneae 250U-149 0250250-U-0149NN1 0 F0250-U-0149 tot Jul W.2007- 12W • le 71 12 INDETERMINATE 1177 g , • 72 7 14 13 W(at 22 1 IS N 119800027) N 1.25 (T W E 1]185Be32 21135' (TO El al I A 4 2d wl�, I H.P.FARMS, Gi m I LW E F z lava 1'-11113' — y il W a ea war S. m�u LEGEND N s839'd W 925.9tNth- at w ma SAS N Mgr W 1 1701,1 0 �a N 8928'J7 W H07370A21 DPoled 205.48' (TIE) E 1748513.41 I IQNNISON, ow= SCOTT AND Pooa p I KINN130N, claw g r VICKIE re fl . SW WSW ARTLE L___ 0 WS PL • Q$• JEAN --le A Pam'wage • lm 14 13 13 18 2 4 N 074348 W 2008.70 N 69431 W 2008.12 24 19 H.P. FARMS. 11C 2633.61 FEET 159.61 RODS 3.023 ACRES • EASEMENT DESCRIP7/ON A 50.00 foot easement for pipeline purposes across a portio of Section 13. Township 2 North, Rape 65 Meridian,of the 6th Principal Meridian,an, Weld County, Colorado. Said Easement being 25.00 feat on each side of the following described centerline: Beginning at a point on the North BM of the Northeast quarter of said Section 13, from which the North quarter corner of said Section 13 bean N 871725' W, a distance of 211.25 feet thence S 0776'30' E. a distance of 2168.24 feet to a point thence S 03'13'40' W. a distance of 464.37 feet to a point on the South Me of the Northeast quarter of said Section 13, from which the Center quarter corner of said Section 13 bean N 0W28'37 W. a distance of 205.48 feet. CER7/FICA7E OF SURVEYOR I, Randall S. Stelmer, a Professional Land Surveyor In the State of Colorado, do hotly state that, to the best of my knowledge, information, and belief, this map was prepared from field notes token during an actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown. "u, NOTES '�,, 1. Ds elt Yw oeawwe warn evma Randall S. Stelzner ..Puente ers�1ES w reel Nltw Ye 91ewjar LS 18233 / fley'41 ` �1:.,`. 4)rI,_Rery_ay, sa -.saw by al i*es 1:2• • / U6al�.waee SWUM zrizuet M in p)Owelwl e6abnl�Wan 0.31003432 Wild I.awed ic o�uln :_Z. awetttn Na MOWED We 1 7/23/07 t -8a6E 114327 -- N0. oaE a I a1slllra11 wo1.0 fwe. 1RMSIONS ohl2ou WOW SOL as. Op._be wallas LAND PLAT SSW 0alarvm 1 r/Par_ MD Calorado Hartle swka 13 Twat T 2 N Pa5N R e5 W IN. 250A-30' 4,1Geg CaTIPlu1Y Olt Ins e 03/e6/07 Fills O 114327 wars ee.pq Do H.P. FARMS, LLC • Ot as owe 07/25/07 seas re Ian BMW 1 a 1 .a. /owl Oatsmoo-u-olEo 250U-150 yam; too 0 • rsctitl;Ns, DEPARTMENT OF PLANNING SERVICES Planning Division NORTH OFFICE 918 1DTH Street GREELEY, CO 8063 80631 bmueller@co.weld.co.us WE`D C PHONE (g70)353-6100, Ext. 3572 FAX (970)304-6498 COLORADO September 26, 2007 Jack Reutzel • Reutzel & Associates 9145 E. Kenyon Ave, Suite 301 Denver, CO 80237 Subject: Southwest Weld MUD Status of Certain Parcels Dear Mr. Reutzel: • This letter is in regards to your inquiry of certain lots located within the Southeast Weld Mixed Use Development ("MUD") Area. Specifically, you have asked for verification that the lots with State Parcel Nos. 130517000019 and 130518100015 are located within the•Southeast Weld MUD. Staff has made the determination that the existing recorded SW Weld MUD does in fact include the interior lots to which you refer. Your question was raised because, during the initial application for an amendment to the Weld County Comprehensive Plan to create what is now known as the Southeast Weld MUD, these parcels were not included. However, the County recognizes that, whatever the intention, the records of fact — including the exhibit reviewed in hearing by the Board of County Commissioners and now recorded — show that these parcels are included in the area now designated as the Southeast Weld MUD. I trust that this adequately addresses your question on this matter. If you have any further question ease do not esit6te to contact our office. i Reg ds, • • Thomas Hon , Director Department of Planning Services • Brad Mueller From: Bruce Barker t: Friday, September 07, 2007 8:57 AM 1 S Brad Mueller r 3,JC� s ki s Cc: Thomas Honn �l rC IA IJ A T ' b __,. ..----- Subject: RE: Pioneer �¢�n / . Thanks. I agree with your analysis. I suggest that a Lett r from Tom acknowledging thi position would suffice. e---- Bruce. Original Message From: Brad Mueller Sent: Friday, September 07, 2007 7:58 AM To: Bruce Barker Cc: Thomas Honn Subject: RE: Pioneer Bruce, Tom and I have had previous discussion about the second point. The question involves two 5-acre (?) lots off of County Road 51, located interior to the Pioneer site. The history on this is that, during the comp plan amendment, these parcels (among others) Illr e left out of Pioneer's application, at the direction of staff that the comp plan endment only be for land under control of Pioneer. Somewhere in the course of the processing, the resulting SE Weld MUD map that was presented and approved by the Board, however, did not call out these outparcels. The result is that they are shown as being inside the MUD. While arguably the resulting MUD map was the product of an administrative oversight, Tom and I were of the opinion that the resulting map, approved by the Board, was nonetheless the governing document, and that as a result, these parcels could be considered for processing under the MUD standards. I sent Jack an e-mail to this effect a couple of weeks ago. However, I understand Jack' s desire to have a more formal response about this matter. If we need to consider a different response, please let Tom and me know. Thanks, Bruce. Brad • 1 From: Joy McGee [mailto:joy@reutzelandassoc.com] Sent: Thursday, September 06, 2007 5:21 PM Bruce Barker Jack Reutzel; Brad Mueller ject: Pioneer Hi Bruce Hope all is well. I am following up on a voice mail that Jack left you earlier today on two issues. 1) Mineral Owner and Lessee Notification for Pioneer COZ. Given the fact that the state law regarding notice to mineral owners has changed we are requesting direction from you on the mineral owner notices in the matter of Pioneer Change of Zone. The new notice provision of SB 237 amends HB 1088 and applies to applications for development which are defined as applications that would change or create lot lines. This would seem to exclude zoning applications that would not change or create lot lines. If the County agrees with this then the Pioneer Communities application would not be considered an application for development and does not require notice under the state statute for this step (Change of Zone) in the entitlement process. 2) We are seeking a formal acknowledgement from the County that the outparcels in Pioneer are/were a part of the SE Weld MUD (a form of an estoppel) that we can rely on for a contract to purchase. I will look up the parcel numbers and forward to you tomorrow if is is something you can support. Could you please give Jack or I a call or an email back on these issues. Thank you Joy R&A Joy S. McGee Project Director Reutzel & Associates, LLC 9145 E. Kenyon Avenue, Suite 200 Denver, CO 80237 (303) 694-1982 Telephone (303) 694-3831 Facsimile Disclaimer: This transmission may be: (1) subject to the Attorney-Client Privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended 01 ecipient of this message, you may not disclose, print, copy or disseminate this formation. Unauthorized interception of this e-mail is a violation of federal criminal w. If you have received this communication in error, please immediately notify me by telephone (303-539-8135) and destroy this message. Although this email and any attachments are believed to be free of any virus or other defect that might negatively 2 affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists. Thank you. • • • 3 • DEPARTMENT OF PLANNING SERVICES Planning Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 bmueller@co.weld.co.us WI I D C PHONE: (970)353-610, Ext. 3572 FAX: (900) 304-6498 COLORADO September 5, 2007 Jack Reutzel Reutzel &Associates 9145 E. Kenyon Ave, Suite 301 Denver, CO 80237 Subject: Pioneer PUD Change of Zone Application (File No. PZ-1125) Proposed Conditions of Approval Dear Mr. Reutzel: Thank you for submitting a Change of Zone application for the Pioneer PUD. Staff has reviewed • the application in detail, and at this time has the following review comments. The attached Conditions of Approval and Development Standards are a working draft and may not be conclusive, as other issues/concerns may arise prior to the Planning Commission hearing on October 16, 2007. Staff welcomes your comments and questions; please contact us if you would like to meet to discuss these review comments. Proposed Conditions of Approval A. The proposed Change of Zone Plat shall be amended to include the following (Department of Planning Services): 1. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the properties mineral owners and lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site, or indicate the 400' x 400' and the 800' x 800' drilling envelope locations per state statute. Showing the standard envelop locations will substantially alter the PUD Zone Map, so if the default locations are required at the time the zoning plat is to be recorded, then Weld County may require that the application be re-reviewed at that time. 2. The applicant shall delineate a 350' radius from any oil and gas production facilities or within a 25' radius of any plugged or abandoned oil and gas well in the Residential Zone Districts, unless an agreement with the properties mineral owners and lessees indicating an alternative setback is provided. • 3. The applicant shall delineate a 200' radius from any tank battery and 150' radius from of any wellhead or within a 25' radius of any plugged or abandoned oil and gas well in Planning Services Review Comments—Pioneer PUD(File PZ-1125) 1 the Agricultural Zone Districts, unless an agreement with the properties mineral owners • and lessees indicating an alternative setback is provided. 4. All pages of the plat shall be labeled PZ-1125. 5. The applicant shall adhere to the plat formatting requirements in preparation of the Change of Zone plat per Section 23-2-690, Article 3 of the Chapter 26, and Article 9 of Chapter 27 of the Weld County Code. 6. On Sheet 1, 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. 7. The Development Commitments (below) shall be added to Sheet 2. 8. The general Plat Notes (below) shall be revised and added to Sheet 2. 9. The Weld County's Right to Farm shall be placed on the plat (Sheet 2), found as Appendix 22-E of the Weld County Code. (Department of Planning Services) 10. On Sheet 5, in the Open Space Summary Chart, clarify that the PUD is located in the SE Weld MUD (not "SE-MUD"). Eliminate or clarify the oil and gas reference "508.2 — 54.2". Move the 1-acre parks from the open space column to the parks column. 11. On Sheet 5, add a new "Infrastructure Facilities Zone District" to both the graphic and the Land Use Chart, as discussed below. It should consist of PA-46 and PA-90, and be shown as a different color on the color exhibit. • 12. On Sheet 5, re-allocate approximately 7.5 acres of park space to the Planning Areas west of County Road 49, distributed roughly equally both north and south of County Road 22. To do this, add a Public Facilities Planning Area (park) and enlarge PA-91 so that approximately 7.5 acres more of park land is provided for the future residents for area. This acreage can be taken from other areas east of County Road 49. 13. Revise Sheets 6— 18 to reflect any changes made to Sheet 5 or Sheet 22. 14. All ditches must be appropriately labeled and dimensioned. 15. Documentation for water and wastewater indicate the need for a 40-acre (surface area) re-use water storage reservoir. Clarify where this lake would be located and whether the proposed zone districts account for this use in the area where it is anticipated. (Department of Planning Services) 16. The revised Development Standards (below) shall be added to Sheets 19 and 20. 17. On Sheet 21, remove the Bulk Standards Chart, which will be added to Sheets 19 and 20. Revise the illustrative lots to conform to changes make to the Bulk Standards. Revise labels to read: "Low Density Residential Zone District (examples)" and "Medium Density Residential Zone District(examples)". 18. Revise Sheet 22 to show dedicated trail connections to the school sites, particularly the middle/high school site at PA-14. 19. Revise Sheet 22 to relocate the trail proposed through PA-19 so that is more clearly shown as being along the eastern border of the Commercial Planning Area. Planning Services Review Comments—Pioneer PUD(File PZ-1125) 2 20. Revise Sheet 22 so that the trail ending at PA-86 continues north to Planning Areas • PA-101, PA-102, and PA-103. 21. Revise Sheet 22 to show a dedicated east-west trail connection between the main north-south trails shown on both the west side of County Road 49 and the east side. Because this additional trail connection will cross County Road 49, an above-or below- grade connection shall be provided. 22. Revise Sheet 23 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. 23. The applicant shall remove all reference to the Keenesburg Parkway from the plat maps. B. The proposed Development Standards (Sheets 19 and 20) shall be amended to include the following (Department of Planning Services): 1. All land use charts shall be removed from the Development Standards section, since they already exist in the Change of Zone Plat on Sheet 5. 2. Under the Intent section, add the following paragraph: "All multi-family residential uses, and all non-residential uses not already requiring a Use by Special Review, shall require processing and approval of an administrative Site Plan Review with Weld County. All Uses by Special Review, and uses requiring Site Plan Review, shall be subject to the applicable special use or site plan review process defined in the Weld County Code, as amended." • 3. Under the Intent section, add the following paragraph: "Uses in all zone districts include any other uses similar in nature to the uses set forth herein, as determined by the Director of Planning." 4. For all proposed districts, address the allowances for Livestock/Animal Units and Home Occupations. 5. To be consistent with the treatment of other zone districts, add an Intent section for the Agricultural Zone District. Add the following text to this newly-added Intent sections: "All uses by right or by special review within the Agricultural Zone District shall be directly or indirectly related to agriculture business or industries." 6. Revise the format and uses within the proposed Agricultural Zone District to as follows; staff can discuss the rational for re-categorization and addition of certain uses: Agricultural Zone District 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. Planning Services Review Comments—Pioneer PUD(File PZ-1125) 3 • 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 provided however that the keeping of livestock for commercial purposes shall not be permitted. D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on the premises. E. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and nursery stock not raised on the premises and not for sale on said premises. F. OIL AND GAS PRODUCTION FACILITIES. G. Open space, trails, and PUBLIC parks. H. 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. I. TEMPORARY group assemblages subject to the Weld County Code. J. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvement project. K. MOBILE HOME subject to the additional requirements of the Weld County Code. • L. 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. M. MANUFACTURED HOME subject to the additional the Weld County Code. N. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in the Weld County Code is not exceeded. O. 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. 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 in below. Planning Services Review Comments—Pioneer PUD(File PZ-1125) 4 ACCESSORY USES within the A(Agricultural) Zone District shall also be subject • to the additional requirements contained in the Weld County Code. A. STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products B. HOME OCCUPATIONS. C. OFFICE incidental to the operation of the Uses Allowed by Right. D. 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. E. SIGNS F. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation of a Use Allowed by Right in the A(Agricultural)Zone District. 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 trips, fertilizer storage facilities, insecticide storage facilities, fuel storage facilities and OFFICES ACCESSORY to the crop dusting or spraying operation). 4. Grain and feed sales. 5. Commercial grain storage and drying. 6. Fertilizer storage, mixing, blending and sales. 7. Seed production, processing, storage, mixing, blending and sales. 8. Animal training and boarding facilities where the maximum number of ANIMAL UNITS exceeded the number permitted by the Weld County Code or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation. 9. Alcohol production exceeding ten thousand (10,000) gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production operation. • 10. Forage dehydration facilities. Planning Services Review Comments—Pioneer PUD(File PZ-1125) 5 C. Administrative OFFICES or meeting halls for agricultural organizations. • D. Solid waste transfer sites and recycling centers for domestic use. E. HOME BUSINESS. F. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in the Weld 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. G. PROCESSING. H. RESEARCH LABORATORY. I. Disposal of domestic sewage sludge subject to the additional requirements of the Weld County Code. J. Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of the Weld County Code. K. Major Facilities of Public Utilities or Public Agencies, including but not limited to wastewater treatment facilities and water treatment facilities. L. Public and semi-public water wells and appurtenances. M. Public and semi-public water storage facilities, including, but not limited to, • reservoirs and above-ground water tanks, together with all necessary appurtenances. N. MAJOR FACILITIES OF A PUBLIC UTILITY. Public and semi-public storage facilities, including but not limited to reservoirs and above ground water tanks together with all necessary appurtenances. Bulk requirements. Bulk requirements for the Pioneer PUD Agricultural Zone District shall be those of the "A" (Agricultural) Zone District in Chapter 23, Article III of the Weld County Code, as amended. 7. Revise the format and uses within the proposed Residential Zone Districts to as follows. The Intent section should remain. Staff can discuss the rational for re- categorization and addition of certain uses. Residential Zone District Low Density Residential Uses by Right: a. One (1)SINGLE FAMILY DWELLING per legal lot b. Parks, open space and non-commercial RECREATIONAL FACILTIES c. Civic facilities, including police stations and fire stations d. CHILD CARE CENTER e. Entry monumentation including signage and landscaping pursuant to the standards set in the signage standards below Medium Density Residential • Uses by Right: a. All uses allowed by right in the Low Density Residential Planning Services Review Comments—Pioneer PUD(File PZ-1125) 6 b. Two (2)to eight (8)detached or attached dwellings per acre, including • townhomes and apartments pursuant to the bulk requirements of Table 1 High Density Residential Uses by Right: a. All uses allowed by right in the Low Density Residential b Two (2)to ten (10)detached or attached dwellings pre acre pursuant to the bulk requirements of Table 1 All Residential Districts: Accessory Uses a. Garages, carports, and parking, per the Weld County Code, as amended b. Accessory outside storage, screened from adjacent properties and public rights of way. c. Swimming pools, tennis courts and similar non-commercial RECREATIONAL FACILTIES. d. HOME OCCUPATIONS e. Other STRUCTURES or USES clearly incidental and ACCESSORY to a use allowed by right in the district Temporary Uses a. Temporary 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 • Use by special review a OIL AND GAS PRODUCTION FACILITES b. PUBLIC and Private SCHOOLS c. CHURCHES. D. MAJOR FACILITY OF A PUBLIC UTILITY Bulk Requirements for Residential Table 1 Low Density Residential Medium Density High Density Residential Residential Minimum Lot 6000 sf n/a n/a Size Minimum 6000 sf 3,200 for detached units n/a Land Area 2,000 for attached units Per Unit Min.Setback Front (or corner lot 15' (24' garage) 15' (24'for single-family 15' (24'for single-family side) dwelling unit detached dwelling unit detached garage ) garage ) Rear 20' (24' detached garage) 10' (24'for single-family 10' (24'for single-family dwelling unit detached dwelling unit detached garage ) garage ) Side 5' 5' 5' • Planning Services Review Comments—Pioneer PUD(File PZ-1125) 7 Maximum • Building 40' 40'for detached 50' Height 45'for attached Maximum Lot 50% 60% 60% Coverage Building Multiple buildings on one lot: Greater of 10', or one half Separation 10' (1/2)the height of the taller of the two buildings. Note: All structures, including all appurtenances, shall meet setbacks. Note: Structures may be allowed at the setback line only when all other criteria such as drainage, access, and utilities spacing can be achieved. 8. Weld County Planning would support limited-scale commercial being an allowed use within the Residential Zone Districts. To affect this, propose specific uses and limited building sizes. This addition, should the applicant want to pursue it, would require an amendment to the MUD, which would be supported by staff as a required condition of approval. 9. Proposed Development Standard 2.90 ("Density transfers") is a processing element of the Development Standards, not a use or bulk standard of the Residential Zone Districts. As such, it should be moved out of this section of the Development Standards and combined with Section 5 ("PUD Amendments"). 10. Throughout the proposed Development Standards, the term "local park" is reserved for the 1-acre parks in various Planning Areas, and the term "neighborhood park" is used for the larger parks. These terms should be reversed to better match their implied use • (i.e., "neighborhood parks" are the 1-acre parks within neighborhoods, while "local parks" serve a larger area). 11. List out the individual Planning Areas that are designated Neighborhood (now "Local") Parks and Community Parks in each of the lists of parks Development Commitments. 12. Under proposed Section 2.100 ("local parks"), the phrase "at the time of final planning" should be replaced with "at the time of final platting" to avoid future confusion over the term. 13. Remove the reference to a "maximum" size for local parks, since there are no design or regulatory reasons to designate a maximum size. 14. Under proposed Section 3.10 (Commercial Zone District), the second sentence (beginning with "located at . . .") shall be removed, since it is editorial and does not address the intent of the section. In the third sentence, replace " ... will be emphasized " with "...shall be incorporated ..." 15. Revise the format and uses within the proposed Pioneer Commercial Zone Districts to as follows. The Intent section should remain. Commercial Zone District Uses 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. • Planning Services Review Comments—Pioneer PUD(File PZ-1125) 8 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. Service businesses and office uses including corporate campus, general offices, and medical clinics, with or without drive-through facilities. e. Personal service establishments. f. Retail sales, including general and wholesale merchandise, furniture, food and liquor sales. g. RESTAURANTS, including DRIVE-IN RESTRAURANTS. h. Public facilities and utility service facilities, including commercial communications facilities, wireless telecommunication uses, electric substations, local utilities, water storage and treatment facilities. Parks, open space and playgrounds and recreation centers or facilities and other public outdoor uses. j. Commercial parking lots. k. Clubhouse and recreational facilities. • I. Public gathering areas. m Transportation Stations and associated parking and facilities. Accessory Uses: a. Telecommunication antenna, dish or current technology as an attachment or accessory to structures. b. All other STRUCTURES or USSES clearly incidental and ACCESSORY to a use allowed by right in the district. Temporary Uses: a. Construction yards including temporary batch plants and contractor office(s). b. Sales/leasing and/or marketing trailers. c. Seasonal outdoor display. Uses by Special Review: a. Commercial communication towers. b. Oil and gas well sites and production wells. 16. Under proposed Development Standard 3.70, the proposal to have a maximum lot coverage of 60% is confusing. By proposing to exclude parking area from this standard, the effect could be a developed lot with no landscaping. However, the • subsequent Section 3.80 indicates that landscaping per Weld County Code 26-3-60 is Planning Services Review Comments—Pioneer PUD(File PZ-1125) 9 still required, so this scenario is not possible. It would be much simpler to designate • the maximum lot coverage as 85%, as per Weld County Code 26-3-50. 17. Under proposed Development Standard 3.70, simply refer to the maximum square footage limit of 200,000 square feet of commercial, rather than the reference to Appendix 26-C of the Weld County Code. (Any change to the SE Weld MUD would still require a rezoning of the Pioneer MUD in order to affect changes in the amount of allowed commercial.) 18. Proposed Development Standards 3.90 (Signage) and 3.100 (Parking) are general standards that need to apply to all zone districts. Add these to the end of Section 4, with the changes discussed below. 19. For proposed Pioneer Development Standard 3.90, clarify ". . . the provisions of Weld County Code Chapter 23, Article IV, Division 2 (Signs), as may be amended, . . . 20. Provide the following chart to reflect parking standards throughout the PUD: Parking Spaces Required for Uses Use Number of Spaces Banks, business professional and public OFFICES 1 space/300 sq.ft. GROSS FLOOR AREA Bowling alleys 4 spaces each alley Churches or places of worship 1 space/4 seats of rated seating capacity DWELLING UNITS, DUPLEX 2 for each LIVING UNIT • DWELLING UNITS, MULTI-FAMILY 2 for each LIVING UNIT DWELLING UNITS, SINGLE-FAMILY 2 for each LIVING UNIT DWELLING UNITS,TRIPLEX 2 for each LIVING UNIT HOSPITALS 1 space/100 sq.ft. GROSS FLOOR AREA HOTELS and MOTELS 1 space/unit, plus additional spaces required by this schedule for Restaurants, etc. as required Manufacture, research and assembly 2 for every 3 employees each(but in no event less than 2 spaces/1,000 sq.ft. of GROSS FLOOR AREA devoted to such USE) MEDICAL AND DENTAL CLINICS 1 space/250 sq.ft. GROSS FLOOR AREA Mortuaries and funeral parlors 1 space/100 sq.ft.of areas open to the public, plus spaces for mortuary vehicles, plus 1 space/2 employees OFFICE 1 space/300 sq ft gross floor area Nursing homes and rehabilitation centers 1 space/1,000 sq. ft. GROSS FLOOR AREA plus 1 space/employee present during busiest shift. Pre-SCHOOLS and CHILD CARE CENTERS 1 space/employee Primary SCHOOLS(private, parochial, PUBLIC) 1 space/employee RESTAURANT 1 space/4 indoor seats, a minimum of 20 spaces shall be provided Retail sales and service 1 space/250 sq ft gross floor area • Secondary SCHOOLS (private, parochial, PUBLIC) 1 space/employee, plus 1 per 5 students Planning Services Review Comments-Pioneer PUD(File PZ-1125) 10 • Trade or business SCHOOLS and other post- 1 space/employee, plus 1 for each student for the school's highest secondary educational institutions rated classroom capacity Warehouse 1 for every 3 employees(but in no event less than 1 space for each 1,000 sq.ft. devoted to warehouse use. Wholesale sales and service 1 space/400 sq.ft.display and sales area, plus 1 space/2 employees Any land use activity not otherwise identified in A number of spaces determined by the Department of Planning Section 23-4-40 Services to be 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 Area shall count toward required off street parking requirements for uses within 200 feet. 21. Within the parking standards, revise the allotment of on-street parking qualifying to fulfill parking requirements from 500 feet to 200 feet. This will minimize store owners' tendency to each count the same on-street spaces when developing. 22. Revise the format and uses within the proposed Public Facilities Zone District to as follows. The Intent section should remain. A separate section should be created for an "Infrastructure Facilities Zone District" (see below). Public Facilities Zone District Uses by Right: a. Local Public Parks, subject to Development Commitments herein b. Community Public Parks, subject to Development Commitments herein • c. Major public trails, subject to Development Commitments herein d. Open Space e. Public/Private Schools f. Non-commercial community/neighborhood RECREATIONAL FACILITIES 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 Uses by Special Review: a. Oil and Gas Facilities 23. Revise the format and uses within a new "Infrastructure Facilities Zone District," as follows: Infrastructure Facilities Zone District Uses by Right: • a. Public and semi-public water storage facilities b. Public and semi-public water wells Planning Services Review Comments—Pioneer PUD(File PZ-1125) 11 c. Pump stations • d. Well houses e. Administration buildings f. Parking lot Uses by Special Review: a. Oil and Gas Facilities 24. Re-label proposed Development Standards 4.50-1 and 4.50-2 to "Park Development Standards", and re-locate the Standards for Local (now "Neighborhood") parks. This section should either be a stand-alone section, or be added to the list of Development Commitments. 25. Add parking lots to the list of Development Commitments for Neighborhood (now "Local") Parks (proposed Section 4.50). Staff's review of park requirements for parks that are generally 10 acres in size indicates that having only on-street parking will be insufficient and contentious with future residents. 26. Add "restrooms" to the list of Development Commitments for Neighborhood (Local) Parks (proposed Section 4.50). 27. Add "85% softscape" to the list of Development Commitments for Neighborhood (Local) Parks (proposed Section 4.50). 28. Revise Section 4.50.d to the following: "Picnic pavilion with seating for a minimum of 15 people." Revise the end paragraph to say, "The program elements shown above may be reduced or modified in parks located adjacent to school sites . . . " • 29. As with the Neighborhood (Local) Parks, indicate that Community Parks are subject to site plan review. (Section 4.50-2) 30. Within the Development Commitments for Community Parks (Section 4.50-2), all proposed quantities of program elements shall be removed at this time. As currently stated, these are either inadequate (e.g., 1 soccer field for the entire community), or unclear (e.g., Is it 1 basketball court for all four community park PA's, or 1 court in each PA?). The amount of park elements must be re-submitted for review, reflecting typical program demands, in order to ensure adequate services at the sites. In addition, the following facilities need to be addressed in the Development Commitments for the Community Parks: skate park, tennis courts, roller hockey court. 31. The Entryway Signage development commitments (Section 4.50-3) should be separate from the park standards, since these are located in all zone districts, not just the Public Facilities Zone District. Also, the proposed Entryway standards do not address Type C Entries that are shown on Sheet 22. 32. Revise the Entryway Signage standards to indicate that illuminated signs do not include exposed bulbs or neon and must comply with Weld County lighting standards. 33. The proposed Streetscape Standards (Section 4.50-5) designate the area from "back of curb to the rear of the adjacent lots." Clarify whether this is meant to read "from back of curb to the front of the adjacent lots." 34. Add the following sentence to the paragraph on Streetscape Standards (Section 4.50- 5): "Unless a use requires processing of a Site Plan Review or a Use by Special • Review, landscape plans shall be submitted and reviewed by the County in conjunction with processing of the Final Plat for that lot or parcel." Planning Services Review Comments—Pioneer PUD(File PZ-1125) 12 • 35. As submitted, the Streetscape profiles are part of the packet of "conceptual landscape exhibits" (Page 3, "Conceptual Landscape Exhibits") These profiles should be added to the Change of Zone Plat so that they function as a Development Standard. 36. Throughout Section 5, consistently use the term "Minor Pioneer PUD Amendment" and "Major Pioneer PUD Amendment,"to avoid confusion with amendments to final plats. 37. Revise Development Standard 5.10.A to read: "The Pioneer PUD Change of Zone permits administrative modification to the approved Pioneer PUD Change of Zone Plat and supporting materials upon a finding by Weld County, at its sole discretion, that one or more of the following factors apply:" 38. Remove the second and third findings for administrative PUD amendments ("Modification of Roadway Locations" and "Modification Required by County or Outside Referral Agencies"). The first of these ("Road Locations") is already adequately covered with the first criteria. The second finding ("Required by County") is too imprecise to be applicable in practice. 39. Under the "Density Transfer" criteria (Section 5.10-A4), combine items "b." and "c." Revise item "d." to read: "The maximum number of units that can be constructed within the entire Pioneer PUD shall not exceed the total number depicted on the Approved Change of Zone plat." Revise item "e." adding PA-80, PA-81, and PA-82 to the list of Pas where density transfers are limited. 40. Revise the Procedure for Administrative PUD Amendment (i.e., Development Standard 5.10-B2) to include submittal of a draft Amended PUD Change of Zone plat, consisting • of graphic changes (as applicable) and changes to the Land Use Chart. 41. Also revise the Procedure for Administrative PUD Amendment so that the "Planning Department" processes all (versus the "Planning Director"). Revise referrals to "all applicable referral agencies" (instead of just "County Departments"). Revise the referral period to the standard 28 days. C. The proposed Plat Notes (Sheet 2)shall be amended or added as follows: 1. The site specific development plan is for a Change of Zone from "A" (Agricultural) Zone District to a PUD ("Planned Unit Development") for a maximum of 9,455 residential dwelling units, 1 commercial planning area, 7 school planning areas (for 90 planned schools), 12 park planning areas, 2 public facilities planning areas, and various agricultural and open space planning areas. (Department of Planning Services) 2. A development phase as described in this PUD document may be made up of multiple Planning Areas. Planning Areas can comprise multiple Final Plan Filings. (Department of Planning Services) 3. The configuration of lots, streets, parks and open space, and schools as depicted on the Change of Zone map are to be used to determine consistency with the provisions of the Southeast Weld MUD and the Weld County Comprehensive Plan. Final configuration of lots, streets, parks and open space, and schools for each Planning Area shall be determined at time of Final Plan. The general spacing for parks and schools show intent and shall be maintained with Final Plan applications. • (Department of Planning Services) Planning Services Review Comments—Pioneer PUD(File PZ-1125) 13 4. The overall maximum residential dwelling units as depicted in the Change of Zone • shall not be exceeded. Densities may transferred in accordance with the enclosed PUD Amendment process. (Department of Planning Services) 5. Street standards are established through the PUD development standards. All right of way alignments and locations within the PUD may be modified during final plan platting so long as the general intent and minimum traffic requirements for Weld County are met. (Department of Planning Services) 6. Existing and proposed oil and gas facilities, associated setbacks, and access are subject to operational agreements between the lease holder and land owners. (Department of Planning Services) 7. Open Space tracts are non-buildable for residential structures or structures providing habitable space. Open Space restrictions are permanent. To further the mutual interest of residents, occupants and owners of this PUD, as well as the public, in the preservation of the integrity of the Pioneer PUD, the provisions of the PUD District and Plan relating to the use of land and the general location of Open Space shall be enforceable by the County. (Department of Planning Services) 8. The maintenance of open space, parks, detention facilities, and tracts of land serving this development shall be the responsibility of the metropolitan districts or a homeowners' association. (Department of Planning Services) 9. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot(s) may not be able to obtain building permits to construct non-agricultural structures. All • construction or improvements occurring in the food plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0900 C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code, as amended, and all applicable FEMA regulations and requirements as described in 44 CFR Parts 59 and 60. (Department of Planning Services) 10. An applicant shall submit a Flood Hazard Permit to the Department of Public Works for review and approval prior to the issuance of any building and/or grading permit, for parcels located within the floodplain or floodway. (Department of Planning Services) 11. All project phases shall have two points of access and a looped water system to allow proper fire protection during home construction. (Department of Planning Services) 12. Water and sanitary services shall be obtained from the Resource Colorado Water and Sanitation Metropolitan District serving the Pioneer Metropolitan Districts. (Department of Public Health and Environment) 13. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) • 14. 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 Planning Services Review Comments—Pioneer PUD(File P2-1125) 14 the request of the Weld County Health Department, a fugitive dust control plan must • be submitted. (Department of Public Health and Environment) 15. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) 16. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 17. 'Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) 18. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. (Department of Planning Services) 19. The Pioneer Law Enforcement District shall be established and in operation prior to issuance of building permits and sale of homes in the Pioneer Community. (Department of Planning Services) • 20. All signs including entrance signs shall require building permits. Signs shall adhere to the approved sign plan. (Department of Planning Services) 21. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and requirements of the service providers. (Department of Planning Services) 22. [ANY PUBLIC WORKS RELATED PLAT NOTES TO BE ADDED HERE] 23. A separate building permit shall be obtained prior to the construction of any building. A plan review is required for each building for which a building permit is required. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Commercial building plans require a Code Analysis Data sheet, which is provided by the Weld County Building Department. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) 24. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 25. Each building will require an engineered foundation based on a site-specific geotechnical report or an open-hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) • Planning Services Review Comments—Pioneer PUD(File PZ-1125) 15 26. Fire resistance of walls and openings, construction requirements, maximum building • height and allowable areas will be reviewed with the building plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 27. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) 28. Applicants for a building permit must provide a letter of approval from the Southeast Weld Fire Protection District or Hudson Fire Protection District prior to construction. (Department of Building Inspection) 29. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) 30. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld • County regulations. (Department of Planning Services) 31. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) 32. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) 33. PUD Final Plans shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) • Planning Services Review Comments—Pioneer PUD(File PZ-1125) 16 • D. The following Development Commitments shall be added to Sheet 2: 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 the developers, owners, successors, and assigns, including any special districts in which said owners may participate. 1) School Land. The developers of the Pioneer PUD, their successors and assigns shall dedicate to the RE-3J School District (or other public or quasi-public entity mutually agreed upon by the School District and Weld County) in fee simple absolute with marketable title at the time of platting or site review, at no cost to such entity and upon their reasonable request, parcels in ("Planning Areas") PA-14, PA-25, PA-35, PA-53, PA-59, PA-73, and PA-88, for use as a school complex. Such parcels shall be a minimum acreage in size as shown on the Land Use Chart on Sheet 5, and shall be dedicated in a state useable for development, including adequate access, drainage, and grading. The developer shall work directly with the School District RE- 3J regarding the timing of land dedications for school sites. 2) School Capital Facility Fee. The developers of the Pioneer PUD, their successors and assigns shall enter into a voluntary Capital Facilities Fee Program with the School District to mitigate the impact of this development on their school facilities, provided such a program is approved by the School District. 3) Neighborhood Parks. The developers of the Pioneer PUD, their successors and • assigns shall dedicate 1-acre parks (minimum total acreage) in each of the residential PA's found on Sheet 5. Such sites shall be useable space for active park use and contain, at a minimum, the elements indicated in Section 2.100 of the Development Standards. 4) Local Parks. The developers of the Pioneer PUD, their successors and assigns shall dedicate local parks in PA's-10, 34, 70, 75, 77, 83, 86, and 91, to be dedicated to the Pioneer Regional Metropolitan District, or such other public entity as mutually agreed upon by Weld County and the Pioneer Regional Metropolitan District, at the time of final plat or site plan review for the adjacent Planning Area. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the minimum amenity elements indicated in Section 4.50 of the Development Standards. Such parks shall be substantively constructed at the time of completion of 30% 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 3000`h dwelling unit. Dedication of the second community park (either PA-58 & PA-62, or PA-28 and PA-40) shall be dedicated at the time of the platting of the 7000th dwelling unit. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the minimum amenity elements indicated in Section 4.50 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 Planning Services Review Comments—Pioneer PUD(File PZ-1125) 17 trails shall be platted and dedicated at the time of final platting of the associated • Planning Area. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the trails, in accordance with the development standards shown on Sheet 22, prior to completion of the first residential dwelling unit in the adjacent associated residential final plat. 7) Emergency Services Land. The developers of the Pioneer PUD, their successors and assigns shall dedicate a minimum 1-acre site for a fire station and/or police substation, located within PA-19, or in such Planning Area as is mutually agreeable with Weld County and all applicable emergency service providers. Such site shall be dedicated prior to issuance of a Building Permit on the 3,500`h residential dwelling unit. 8) Performance Assurances. Prior to approval of any final plats and any site plans within the Pioneer PUD, a subdivision Improvements Agreement, in a form determined by the County, shall be submitted for review and approval by Weld County. 9) General Public Improvements. The developers of the Pioneer PUD, their successors and assigns shall provide the public improvements required internal to this PUD necessary to serve the development including, but not limited to, streets, traffic control devises including traffic signals, utilities, drainage improvements, street lights, curb, gutter, sidewalk improvements, right-of-way landscaping, and parks. Maintenance of these improvements shall be the responsibility of the Pioneer Metropolitan Districts and/or Homeowners Association(s) as described with the final plan. . [PUBLIC WORKS-RELATED DEVELOPMENT COMMITMENTS WILL BE INCORPORATED AFTER RECEIVING THEIR REFERRAL. THE FOLLOWING ARE PLACEHOLDERS FOR ITEMS LIKELY TO BE INCLUDED.] 10) . . . shall dedicate in fee simple absolute with marketable title to [Pioneer Metro Districts] all public road rights-of-way shown on the PD Plan, Sheet 24, and the accompanying traffic report] 11) . . . . dedication of additional ROW along CR 22 and 49 . . 12) . . . . the developer, its successors and assigns shall cause the construction of an interchange at the intersection of 1-76 and CR 49 in substantively the manner shown in [Exhibit XX], or as mutually approved by CDOT, Weld County, and the Town of Hudson, prior to issuance of a Building Permit on the nth residential dwelling unit Building Permit within the Pioneer PUD. The developer, its successors and assigns shall contribute a minimum of [$$ amount to be determined], adjusted from 2008 according to the Colorado Consumer Price Index [as published by XXXX]. Unless mutually agreed by C-DOT, Weld County, and the Town of Hudson, no additional building permit will be released until construction of the interchange. 13) . . . . shall cause the widening of CR 22 to 4 lanes at the time of[TBD] . . . 14) . . . shall cause the widening of CR 49 south to 6 lanes at the time of[TBD] . 15) . . . . widening of CR 49 north to 4 lanes at the time of[TBD] . . . 16) . . . cause the construction of interchange at CR 53 and 1-76 . . . . • 17) . . . [other major road requirements] Planning Services Review Comments—Pioneer PUD(File PZ-1125) 18 E. The Change of Zone from Agriculture to PUD is conditional upon addressing following issues • prior to recording the Change of Zone Plat: 1. The applicant shall address the requirements (concerns) of the Department of Public Health and Environment, as stated in the referral response dated August 21, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 2. The applicant shall address the requirements (concerns) of the Department of the Weld County Sheriff's Office, as stated in the referral response dated July 15, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 3. The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in the referral response dated (pending). Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 4. The applicant shall address the requirements (concerns) of the Department of Building Inspections, as stated in the referral response dated July 30, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 5. The applicant shall address the requirements (concerns) of the Department of Paramedic Services, as stated in the referral response dated July 18, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) • 6. The applicant shall address the requirements (concerns) of the Office of the State Engineer, as stated in the referral response dated July 18, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 7. The applicant shall address the requirements (concerns) of the Colorado Department of Transportation, as stated in the referral response from FHU and Navjoy Consulting Services, Inc., dated August 14, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 8. The applicant shall address the requirements (concerns) of the Colorado Water Conservation Board, as stated in the referral response dated July 18, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 9. The applicant shall address the requirements (concerns) of the Colorado Division of Wildlife, as stated in the referral response dated July 30, 2007. Some of the concerns highlighted by the Division of Wildlife include that the applicant shall conduct a survey for the Burrowing Owls' and for raptor nests to be completed prior to construction. Open space shall also be kept in a natural vegetation and remain connected. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 10. The applicant shall address the requirements (concerns) of the Platte Valley Conservation District, as stated in the referral response dated July 21, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) Planning Services Review Comments—Pioneer PUD(File PZ-1125) 19 • 11. The applicant shall address the requirements (concerns) of the Town of Hudson, as stated in the referral response dated August 9, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 12. The applicant shall address the requirements (concerns) of the Town of Keenesburg, as stated in the referral response dated July 30, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 13. The applicant shall address the requirements (concerns) of the RE-3J School District, as stated in the referral responses both dated August 31, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 14. The applicant shall address the requirements (concerns) of Kerr McGee Oil & Gas Onshore LP, as stated in the referral response dated July 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Kerr McGee Oil & Gas Onshore LP) 15. The applicant shall address the requirements (concerns) of Vanderwerf & Buchanan LLP representing Anadarko E&P Company LP, as stated in the referral response dated July 24, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Vanderwerf& Buchanan LLP representing Anadarko E&P Company LP) 16. The applicant shall address the requirements (concerns) of the Farmers Reservoir & • Irrigation Company, as stated in the referral response dated July 11, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 17. The applicant shall address the requirements (concerns) of Xcel Energy, as stated in the referral response dated August 2, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 18. The applicant shall address the requirements (concerns) of the Hudson and Southeast Weld Fire Districts, as stated in the referral response dated August 22, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 19. The applicant shall submit to the Department of Planning Services a copy of an agreement with the properties utility owners and lessees stipulating that the existing gas and electric utility easements and/ or activities have adequately been incorporated into the design of the site. (Department of Planning Services) 20. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the Henrylyn Ditch stipulating that the ditch activities have adequately been incorporated into the design of the site or indicate how the concerns of the ditch company have been addressed. (Department of Planning Services) 21. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the Farmer Reservoir and Irrigation Ditch stipulating that the ditch • activities have adequately been incorporated into the design of the site or indicate Planning Services Review Comments—Pioneer PUD(File P2-1125) 20 how the concerns of the ditch company have been addressed. (Department of • Planning Services) 22. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty (30) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 23. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) F: The following items shall be addressed at the time of submittal of any Final Plan applications: 1. Permanent restroom and hand washing facilities shall be provided within easy access of the public gathering areas. Describe the type and location of all permanent restroom and hand washing facilities available within easy access of public gathering areas. This shall be submitted at Final Plat application. (Department of Public Health and Environment) 2. All planning areas, commercial areas, public facilities planning areas and school • areas shall have direct trail connectivity. Provide a layout similar to the approved Sketch Plan documents demonstrating there is trail connectivity to all planning areas and school sites. This layout shall be submitted at Final Plat application. (Department of Public Health and Environment) 3. Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the final plat. Easements shall follow rear and side lot lines and shall have minimum total width of twenty (20) feet apportioned equally on abutting properties. Where front line easements are required, a minimum of fifteen (15) feet shall be allocated as a utility easement. (Department of Planning Services) 4. The applicant shall submit to the Department of Planning Services a copy of the set of Covenants, Controls & Restrictions; commitment to serve documentation from the applicable Metropolitan District(s); the Law Enforcement Authority paperwork; and any Home Owners Association incorporation paperwork for Pioneer PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated. (Department of Planning Services) 5. Prior to recording the Final Plat the applicant shall present a unanimous petition of all landowners and residents of the Pioneer PUD registered to vote in the State of Colorado thus qualifying the Development for inclusion into the Law Enforcement Authority(LEA) (if it has been created) or for creation of a separate Law Enforcement Authority(LEA) (if it was not created). A LEA is a taxing unit with a maximum mill levy of 7 mills created for the purpose of providing additional law enforcement by the county sheriff to the residents of the developed or developing unincorporated Weld • County. The revenues would be available initially to provide directed patrols and eventually to provide additional deputies to carry out those activities within the LEA. Planning Services Review Comments—Pioneer PUD(File PZ-1125) 21 This is intended to offset the demand for law enforcement generated by increased • population densities. (Department of Planning Services) 6. The applicant shall provide an Improvements Agreement for both Public and Private Improvements according to Policy Regarding Collateral for Improvements. This agreement must be reviewed by the Department of Public Works, the Department of Planning Services and shall be approved by the Board of County Commissioners. (Departments of Planning Services) 7. The applicant shall submit a time frame for construction in accordance to Section 27- 2-200 of the Weld County Code. (Department of Planning Services) 8. The applicant shall submit a deed for recording with the Final Plat to the Department of Planning Services providing that the open space and any mineral rights are deeded to the Metropolitan District, Homeowner's Association, or other applicable party. (Department of Planning Services) 9. The applicant shall provide an Open Space / Landscape Plan per Section 24-3-50.G of the Weld County Code for review and approval with each Final Plat. (Department of Planning Services) 10. The applicant shall provide additional information pertaining to the plant materials, including common, botanical and species names, size at installation and any additional information deemed necessary, if any. (Department of Planning Services) 11. The applicant shall address the on-site landscape treatment, including the proposed uses associated with any agricultural outlot. (Department of Planning Services) • 12. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas during construction. The plan shall include information regarding plant type, installation methods and maintenance. (Department of Planning Services) 13. The applicant shall demonstrate how the proposed plant material will be watered. Furthermore, the applicant shall provide evidence that a tap from a water provider is permitted to provide irrigation water to the landscaped areas. (Department of Planning Services) 14. The Weld County Building Technician will provide addresses at the time of Final Plat. The subdivision street name and lot addresses shall be submitted to the Hudson and Southeast Weld Fire Protection District, the Weld County Sheriff's Office, Ambulance provider, and the Post Office for review. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) 15. The applicant shall submit a digital file of all drawings associated with the Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) Thank you again for your submittal. We look forward to discussing these comments with you. Regards, • Brad Mueller, on behalf of Planning Services Staff Department of Planning Services Planning Services Review Comments—Pioneer PUD(File PZ-1125) 22 Page 1 of 2 Brad Mueller From: Joy McGee [joy@reutzelandassoc.com] Sent: Monday, August 20, 2007 4:26 PM To: Brad Mueller Cc: Jack Reutzel Subject: CIG pipeline Attachments: CIG PIPELINE Exhibit By C&L 8-16-07.pdf Thank you for the heads-up. Here is the pipeline route as agreed to between CIG and Pioneer. The EIS is not correct and was probably created prior to the alignment agreement with CIG. We are working to get a correction notice issued from Mike Rutherford, Interstate Gas. Joy. From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, August 20, 2007 11:29 AM To: Joy McGee Cc: Jack Reutzel Subject: RE: existing homes on Pioneer land Joy, • Thanks. This is helpful. Wanted to pass along some potentially important info. I got notice in my box today of a draft EIS in conjunction with Colorado Interstate Gas Company's High Plains Expansion Project. The draft EIS shows the pipe going just east of Klug Lake and essentially right through the middle of Pioneer's proposed high density districts. There is a public meeting in Greeley next Tuesday (28th) at the Greeley Best Western at 6:30 pm. I haven't looked through the report in detail, but it looks like there's more info at www.ferc.qov/EventCalendar/EventsList.aspx . Let me know if you have questions. Brad From: Joy McGee [mailto:joy@reutzelandassoc.com] Sent: Friday, August 17, 2007 3:58 PM To: Brad Mueller Cc: Jack Reutzel Subject: existing homes on Pioneer land Hi Brad, The Key map to the ALTA is attached with red dots in the general areas of existing structures. You have a copy of the ALTA for Pioneer(in the Comp plan notebook). The following residential structures are noted: 1) SW1/4 Section 8 - sheet 13 of 22 2) SW1/4 Section 12 - sheet 17 of 22 (Detail A and Detail C) 4) NW1/4 Section 13 -sheet 18 of 22 Detail B) 08/21/2007 Page 2 of 2 3) NE1/4 Section 15 - sheet 20 of 22 (Detail D) It is my understanding that the structures on the Pioneer property are planned for demolition. As you can see • there is only one within a defined residential planning area. Hope this helps.... Anything from Engineering???? Would you like us to address responses to date on comments we have received? Joy From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Friday, August 17, 2007 12:05 PM To: Joy McGee Subject: existing homes on Pioneer land Joy, Would it be possible to get even just a hand-marked map, indicating the approximate location of the existing homes in the Pioneer PUD land areas? We'll looking to understand how many existing structures are impacted. Thanks—we're continuing full-stream with our efforts. Brad • • 08/21/2007 • CIG PIPELINE EXHIBIT ,- -I . r, ICI . n , LIi • IPIPELINE LENGTH AL 5061.53 FEET / 458.58 RODS f I I '` AREA OF 50' WIDE EASEMENT - I ik 403,076 S.F.t 9.253 AC.± - p,Il —60.0 , I " .. _444,4&„,_.. r, s I,8'al I IN---N 00'55 42'W 5397.82' ., I _. ' i X �Itl • 11 .A Y . _ .-.-_ rl III I ...},„1.151( 7. ' Y G, II I :�. I II r' ,ii II 11 YI f kw , I.. II 11r� . ,. n- e ..... ,;; } I' Z^^ I N00'5542"W 2169.74' ° 3 11 3 r 0 l'4.44.......:44444,4"..4'.',. H d N065633 W 29764 SrVIR -�I 9 �N25 38 29 W 276 53 Ii P:\3325\ALTA\ALTA\HARKIS\CIG EXHIBIT CALCS.DWG 08/16/07 TP JN:3325 • • .- —•. 1 . t:• t,-'t 1-:--- _ ..____ ,-- Nr0_,,r ,r.i•v,. - j \ c ••, Wyoming I Nebraska 0 ; eNy'� 7, , (_ .. I. Colorado �.�.•, , ` 1,_,; Weld Co. L. a•—. s j / `±,!',. r' Z • .; �- i Morgan Co. • Yy' ); ' `` j_ — — ---J ..aro f \ I 1 ....-44-4444.--4--1 - += ` ____ \ 'i 'r ., AdamsCo.1 e' `1 .,�. i • J + t 3es-.f ( C 3 '\ _ZZ i iv! , ,. ca� al t.0 • .. 4 Mere st _ t,f . ii �: it :3 - t, • t =, , , . . , —777—*c • 1 . ; , •• . , . . 1. ti . 19 \ • 4 •� r • •, tit'"�' -• _'� 7 . _ — t•. '. v r! e n i. '—" 0 is •—•,'�,„ 4910'� "--•' •,� �•` TS ) — ? t r 63 1 ' \ I; 7 � l s r t , . 4 �. ' .. �. .. till I .Jl.'is„'. t• ✓ -...-,,,•,.. 2 N % t. 3O ''�. Legend USGS Topographic Maps A = 250ALine • Milepost • f o 1 '"..,' 2 030 IIIIMI 251A Line • Above Ground High Plains Expansion Project • " -- 252A Line Facility Map 23 of 62 fpp e„•Eo r..,..- 4:za 000 253A Line Non-Internet Public Information Page 1 of 1 Brad Mueller From: Brad Mueller Sent: Thursday, August 09, 2007 10:31 AM To: Cyndy Giauque; Bruce Barker Cc: Kim Ogle; Jacqueline Hatch; Michelle Martin; Chris Gathman; Thomas Honn Subject: FW: Pioneer set-up materials Attachments: Long project flow sheet Pioneer COZ.doc Cyndy or Bruce: We have been processing the Change of Zone for Pioneer for the last six weeks. In setting up the case, we used the following description for the applicant's request: "Change of Zone application from A(Agricultural)Zone District to a PUD (Planned Unit Development)for a maximum of 9,455 residential dwelling units, 1 commercial planning area, 7 school planning areas (for 10 planned ). schools), 12 park planning areas, 2 public facilities planning areas, and various agricultural and open space planning areas." A question has come up as to whether this description is adequate for legal purposes. Typically we would use the same description as we did at set-up, but if it doesn't meet our code for legal noticing purposes, we can change it. Here is a typical description for other PUDs we've done: "PUD Change of Zone from (A)Agriculture to PUD with (E) Estate; (R-1) Low Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; (R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2) General Commercial and Lot(s)or Acres with Agricultural Zone Uses and continuing Oil and Gas • Production Uses" In this case, they are proposing uses that don't compare very similarly with our county zone districts and we don't know the number of lots, because some areas might have condos (1 lot)or attached (multiple lots), for example. So we've struggled a bit more on the description. Thank you for your opinions on how we best handle this for legal noticing. Brad From: Brad Mueller Sent: Monday, July 02, 2007 10:28 AM To: Chris Gathman; Michelle Martin; Jacqueline Hatch Cc: Thomas Honn; Kim Ogle Subject: Pioneer set-up materials Please take a look at these descriptions of the set-up, so that we be sure to get the newspaper and SPO's notices correct. Thanks! Brad / 4G . . - • 09/13/2007 Page 1 of 1 Brad Mueller • From: Brad Mueller Sent: Tuesday, July 31, 2007 10:26 AM To: David Bauer; Brian Varrella; Scot Lewis; Chris Gathman; Michelle Martin; Jacqueline Hatch Cc: Brad Mueller Subject: Pioneer Public Works discussion I thought a simple agenda might be helpful for this afternoon to make sure we cover everything. This is flexible, of course. Thanks -- Brad AGENDA PIONEER IN-HOUSE DISCUSSION - PUBLIC WORKS ITEMS JULY 31, 2007 2 pm 1. Overview of proposed densities, PA's, and uses 2. Proposed road network (Sheet 24) 3. Proposed major road improvements (off-site mostly) -- comparison of funds required (i.e., construction cost estimate), vs. funds available (in metro district financial projections) 4. Proposed road sections (Sheet 24) • -- on-street parking 5. Trails (Sheet 22) 6. Drainage 7. Next steps; timeline • 07/31/2007 Page 1 of 2 Brad Mueller rc i TJYS c-L+sS c feet ire. pr,r-iG/+'f!8+ • Baru) Sr-t—, ter DS' From: Joy McGee [joy@reutzelandassoc.com] Sent: Tuesday, July 31, 2007 11:57 AM To: David Bauer; Brad Mueller Cc: Jack Reutzel Subject: Pioneer Street Standards Attachments: 2007-07-24-Pioneer Street Standards.pdf Hi Gentlemen, Pioneer has begun internal site planning efforts on the first phase. As we have progressed through that exercise three items specific to roadway standards have come to our attention. We would like to schedule a meeting with Public Works and Planning in order to discuss these items as described below. 1. One way streets. Pioneer would like to incorporate one way streets on specific internal local roadways that are adjacent to the one acre park sites. It is our hope to use this road section to slow traffic and bring the homes fronting onto the park closer in order to provide additional security or "eyes" on the park. We feel that this reduced road section creates a more intimate setting and better neighborhood. Please see attached exhibit for further details. 2. Minimum radius. Based on our review of the current code the County allows for a 100 foot minimum centerline horizontal radius on local roadways. This assumes a through condition without stops. Pioneer is proposing the use of a 0 foot radius with a stop condition. This would be used in specific locations where a stop condition is appropriate. Pioneer is not • proposing this to become the minimum but instead either a 0' radius with a stop condition or a 100' radius as the through condition. Please see attached exhibit for further details. The exhibit shows a 4 way stop condition, a 0 radius stop condition and the allowed 100' radius through condition for your consideration. 3. Intersection spacing. Pioneer would like an interpretation on conflicting regulations about intersection spacing on local roadways. The subdivision regulations state that the minimum spacing is 300 feet while the roadway Classification Plan prepared by FHU stipulates 50 feet. Pioneer feels that a 300 foot intersection spacing does not allow for a traditional compact neighborhood and the block dimensions that would allow the intended neighborhood layout to work. Please advise as to when it might be convenient to meet to discuss these issues. Thank you Joy e Joy S. McGee Project Director Reutzel & Associates, L.L.C. 9145 E. Kenyon Avenue, Suite 301 Denver, CO 80237 • (303) 694-1982 ext 105 08/14/2007 ^0 0221 o N — • ii w OZ Lk-IZ I. I U - o - - - - - - - - - - - - - ,Q_o z LS 2 zo LI- II • I O N T • w W Zt � N O C o OR 0 N r o Ovw • OZw < P 0 < -- zc z I I 1. 1 I I ',.. I } I� I I I 1. I o C) N C) 0) 0 ii 0 � ooh- 08< 0 N } o^ 07- • J- 0L o0 -- z� o> I I tI \\ \ N \\ N - D C --- - 0 C• n w w fr- Z w � • } *M0.211 Y , 1 " g o • 1 o9 1 " 1 i i 1 C O 4 ap e t }io 1 N 1 !Jr- ?Z O .51 � O' ' J la I- i 1 } 1 e^� n c. , j M.O a 1 o f 4,1 c. r... I S. •S s.. I } I t! N • v <---1 V M 3 N 0 t `� CI i?.. - -- 1 I I <.`•fO t • in L1 shy l i Irk• :i...1 ac III 11 N • 1, j •x.: ONE WAY-) I o3 , 1 • 0, ! : s.•' iia h .I � . j(, 1 ,.. 1 { f i C r'i o ; _ o i I 'M'O21 i l i f� 1 a :i l5I. : 5 O QQ y 4 Y C J 2 0It Q Ni d 1 vsO A0 ` • e1 Y c 0 W m QZ O 1 a t 1 s Vc. w , i wy c o z CCg " o r . • Y f a. y... O 0 .µ.0.a 1 i ILI o u1 W Q O3 ...Z Cl.0 SG Heo�5 • REUTZEL & ASSOCIATES. LLC ATTORNEYS AT LAW 9145 EAST KENYON AVENUE.SUITE NO Land UseeZoning DENVER.COLORADO K0233 Rad Estate Telephone(3031694•I982 Annexation$ Fax(3031694-11O1 Community Associations w_wA.r_ zelgndassoc.com Oil and Gas Local Governinent Corporate September 28, 2007 Mr. Brad Mueller Weld County Department of Planning Services 918 10th Street Greeley CO Re: Pioneer Communities PUD Zone Plat School District comments This letter is prepared to provide a follow up response to the letter sent to Weld County Planning from the Weld County School District Re-3J dated September 12,2007. Pioneer representatives, David Foster and Joy McGee,met with Dr. Wade and Mr. Edward Meier on September 25, 2007 to discuss the issues. This letter documents,by the signatures attached, an acknowledgment and consensus of acceptable resolution by all parties to the issues raised. • In summary, the following points were discussed: FACILITY PLANNING • Reconsider relocation of PA 53 for the high school campus site. The campus locution shown on the CO2 map is the preferred location due to the limited influence(?f the oil and gas impacts. • Three elementary sites (PA 35, 73 and 88)should be relocated within nearby residential areas. The current sites(PA 35, 73 and 88)can he designed to work lin-the elementary schools: o The area of the school sites provided are greater in acreage than the District minimums thus allowing.for setbacks and adjustments to the geometry and siting of a school.facility on the Property. o The school sites are adjacent to parks which have a consistent zoning classification thus allowing.fbr some administrative parcel adjustments to accommodate site constraints if identified during the site planning process. o The frontage of the school sites to collector streets provides an identity which integrates and creates a sense of place in the Pioneer community. The actual access to the schools can be provided off of local streets. This level of street and circulation detail has not been designed at this, the Change of Zone, level of process. The local street volumes will be well within the safety criteria suggested by the District. o The topography of the sites will be addressed with site design. In general, the Property has very gentle slopes and designing to alive percent grade is an 111 achievable exercise to he performed with the engineering of the site. o Specific design solutions will commence at subdivision plat and site plan review .for each Planning Area. • • Pioneer Re-3J response September 28,2007 Page two FACILITY FOUNDATION • The District expressed concern over the requirement set forth in the Foundation documents that a bond authorization election must occur if the District determines that, within two years following the date of such determination,demand for student capacity will be equal to or greater than 90%of existing educational capacity. [Receipt of such bond authorization is a condition precedent to any increase in the Capital Facility fees paid by the Participants to the Foundation.] The Pioneer representatives are willing to change the 90%to 110%at the District's discretion. Thank you for your time. Your signature acknowledging a consensus on these issues is requested. This will then become part of the referral correspondence for Weld County in the review of the Pioneer COL matter. On behalf of Pioneer,we look forward to a long standing relationship with the District. Respectfully, Joy • eGe 4 •[rector eutzel s-fates APPROVED by: Marvin Wade, ED.D. Superintendent of Schools Weld County School District Re-3J • gto : 14 Weld County School District Re-3(J)199 West Broadway/PO Box 269;Keenesourg CO 80643 Tel. (302)536-2600/Fax '303)536-2010 W ELD April 27, 2007 Mr. David Foster, Esq. Foster Graham Milstein & Calisher, LLP 621 17th Street, 19th Floor Denver, Colorado 80293 Re: Pioneer Communities mitigation Dear Mr. Foster: As a means of promoting negotiations progress, this letter summarizes Weld County School District Re-33's (Re-3J) understandings regarding several meetings with you and other representatives of Pioneer Communities. In the District's opinion, little if any agreement was reached on the issues of primary concern to Re-3J. This letter summarizes the major areas of concern and suggests mechanisms Pioneer could offer that would be acceptable to Re-3J. It is understood that the following items have been offered by Pioneer Communities: • 1) A separate capital facilities fee foundation will be established in connection with the proposed development; 2) Pioneer will contribute the following in connection with the project: a. A fixed dollar amount for each housing unit via a foundation to be applied toward capital construction within the development; b. Land sufficient to develop the number of schools that would be required to educate the prospective 5,351 students generated by the project (per the sketch plan, six elementary school sites and two middle school/high school sites); c. Improvements to the land donated for school sites consistent with that to be completed in the applicable development at the time, including rough grading, curbs, gutters, utilities (stubbed to the site) and roadways; d. Location of elementary school sites adjacent to parks and/or recreation centers to provide shared spaces for athletic fields and facilities; and e. Sleeves or other underground routing for cables, wires, optic fibers or other facilities required for communications, technology or similar functions. Considering this offer and our several conversations, it is still believed that additional mitigation is warranted. As you are aware, one of the primary points of contention is that the capital mitigation per unit contribution of $1,250 (single family detached) is inadequate. It is understood that you continue to disagree with Strategic Resources West, Inc.'s impact methodology, which derives a much higher unmet cost effect. By the same token, Re-33 firmly believes that the methodology proposed by Pioneer fails to consider/offset the substantial costs that will be borne during periods of rapid • growth. Consequently, Re-3i proposes a compromise at $1,500 per single family unit (fees to be adjusted accordingly for other unit types) and that Pioneer provide water and sanitary sewer tap fees for all the schools in Pioneer at no cost to the District. Finally, to provide clarity for items 2 b, c and e, it is requested that dedicated school sites developed by Pioneer include rough grading, streets, curb and gutter, utilities stubbed into the sites at agreed upon locations, sleeves, et cetera as outlined in 2e, as well as other improvements that Weld County may require. The School District appreciates your consideration of these requests and we look forward to reaching agreement about these issues that are critical to the District's financial health. Should you have questions or desire further information, please contact me at your convenience. Sincerely, Marvin Wade, Ed.D. Superintendent of Schools • Weld County School District Re-3J xc: Brad Mueller, Weld County Department of Planning Services • Page 2 of 2 a ye -----N\, OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 f F.AX: 970-352-0242 915 10Th STREET P.O. BOX 758 I C GREELEY, COLORADO 80632 COLORADO _ _ April 18, 2007 David Foster,Attorney Foster Graham Milstein Calisher LLP 621 17'h Sheet, 19th Floor Denver, CO 80293 Dear Ivhr. Foster: Thank you for meeting'today with the Board of Weld County Commissioners and staff to discuss the Pioneer:,Communities/School Distnet RE3J Capital Facilities Fee Foundation (Foundation). We would like to accept your offerto have a county epresentative on the Foundation's Board of • Directors. As a result-,we are designatrng.Weld Cotmty Treasurer John Lefebvre. John was recently appointed the-Weld CountyTreasurer,lbuthe served four years as the Adams County Treasurerfrom2003 �DOfi 7ohnhas extensive-investment and-manageent experience. We believe he will he an excellent board member fdr`.the stewardship_of the Foundat on and its funds, john can be reached at 970 353"3845, extension 3260.; very t my Yours, David E. Long;Chao' _ l C William H. Jerke,Pro Tern aLl: Robert D.IYiasden gins ademache cc: Don Warden John Lefebvre • PROPOSED PIONEER EMERGENCY RESPONSE and FACILITIES PROGRAMMING PLAN • The Change of Zone for Pioneer proposes the following recommended course of action for the consideration of the two fire districts that have jurisdiction to serve the Pioneer Development. 1. EXISITNG CONDITIONS: a. Rural fire protection coverage is provided by the Hudson Fire Protection District and the Southeast Weld Fire Protection District. Response times can be approximately 20+ minutes for all fire, medical and other emergency calls (in ideal weather conditions). b. These response times do not meet any known "standard" for response (as defined in NFPA Standard 1720). 2. PIONEER SERVICE PLAN: Phase 1: Initial Development (defined as infrastructure construction phase —workers are on site and the use of combustibles for building construction is under way- no Occupancy permits have been issued, the Model complex is not yet open to the public.) PHASE 1 SERVICE GOAL - Response time 20 minutes 80% of the time Accomplished (by both departments) from existing facilities • Pioneer is committed to supplementing the existing Districts finances (a 2 mill tax levy through the Pioneer Metropolitan Districts). The division of these two mills will be dictated via an IGA between the parties involved. The IGA will be complete before Phase Two. • Phase 2: During the construction period of 500 (permanent) units Occupancy permits are being issued by Weld County. PHASE TWO SERVICE GOAL - The two Fire Districts shall provide coverage in order to meet a response time goal of 10 minutes 80% of the time (24/7). a. Supplemental personnel on site during day time hours. 1. Propose 2 people per day during the work week (10 hours each work day per person, 5 days per week) to assist in achieving the 80% factor at an Estimated Cost = $12-$15 an hour ($1,200 to $1,500 per day) b. Capital needs 1. Facility - Pioneer will work with both Districts to determine an appropriate permanent fire station location. Temporary facilities 2. Equipment - propose one engine on site for this phase initially (discuss use of equipment from either one or both of the two Fire Districts) Phase 3: As the number of units increases (beyond the 500 mark) so does the need for constant coverage (24/7) to call volume PHASE THREE SERVICE GOAL - Respond to fire and other emergency service calls within 7 minutes of receiving the call 80% of the time • One engine with a minimum of three personnel (an officer, engineer and a FF/EMT-P The two departments should consider sharing of resources (aka joint staffing) ID •D n'cN ajj` PIONEER COMMUNITIES , INC . April 26, 2007 Jack Reutzel Reutzel & Associates 9145 E. Kenyon Ave, Suite 300 Denver CO 80237 Re: Pioneer Communities Klug Ditch Status Dear Mr. Reutzel: The Pioneer Communities development area is impacted by the adjacent Bee Bee Seep (Section 14) as well as the crossing by the Neres Canal (Section 2) and the Klug Ditch (Section 32). • While the Bee Bee Seep and the Neres are a part of the FRICO system and impact the Pioneer site, the areas impacted are to remain agricultural and are not a part of this Change of Zone application. The Klug ditch has been abandoned as evidenced by the attached documents from the State Engineer's Office. In addition, the reservoir that served the ditch was breeched many years ago by the State Engineer's Office. Pioneer has accommodated all active ditches and canals through its planning efforts. Pioneer has made a consistent effort to address the ditches and canals and will continue to address and refine the plan as need when those areas are platted. Sincerely, G. Paull Nation, Jr. AICP� cc: Jack Hibbert File • 4643 S.Ulster St.,Suite 1300•Denver,CO 80237•Tele.(303)843-9747•Fax(303)843-0143 Hello