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HomeMy WebLinkAbout20080052.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant: Pioneer Communities Inc. & HP Farms LLC Case Number: PZ-1125 • Pioneer PUD with mixed uses (residential, commercial, public facilities, etc.) Submitted or Prepared: Prior to At Hearing Hearing ✓ 1 Staff Comments X V Department of Planning Services Field Check Form X ✓ 2 Legal Notifications X pv Affidavit of sign posting X v 3 Application X 4 Maps& Plans X ,.- 5 Correspondence Provided to the Planning Commission(prior to Oct. 16) X v 6 Surrounding Property Owners X 7 Referrals With Comments X ✓ Weld County Department of Health and Environment, referral dated 8/21/07 X v Weld County Sheriffs Office, referral dated 7/15/07 X " Weld County Department of Public Works, referral dated 8/27/07 X • ✓ Weld County Department of Building Inspection, referral dated 7/30/07 X ✓ Weld County Code Compliance, referral dated 7/17/07 X ✓ Weld County Paramedic Services, referral dated 7/18/07 X " Office of State Engineer, Division of Water Resources, referral dated 7/18/07 X ✓ Colorado Department of Transportation, referral dated 8/14/07 X V Colo. Dept. of Nat'l Resources,Water Conservation Board, referral dated 7/18/07 X Colorado Division of Wildlife, referral dated 7/30/07 X ✓ Platte Valley Soil Conservation District, referral dated 7/21/07 X v Town of Hudson, referral dated 8/9/07 X " Town of Keenesburg, referral dated 7/30/07 X v Weld RE-3J School District, referrals dated 9/12 and 8/31/07 X ✓ Vanderwerf&Buchanan LLP representing Anadarko E&P, referral dated 7/24/07 X ✓ Kerr McGee Oil and Gas Onshore LP, referral dated 7/19/07 X ✓ The Farmers Reservoir& Irrigation Company, referral dated 7/11/07 X ✓ Xcel Energy/Public Service Company of Colorado, referral dated 8/2/07 X • ✓ Noble Energy, referral dated 10/1/07 X EXHIBIT ✓ Resource Colorado Metropolitan District, referral dated 9/18/07 X jt V Hudson Fire Protection District, referral dated 8/22/07 X 2008-0052 8 Planning Commission Exhibits X Oct. 16 Hearing—School District Update Letter,with attachments, dated October X 12,2007 • B Oct. 16 Hearing—SPO Letter, Don&Susie Bratrsovsky, dated October 9,2007 X C Oct. 16 Hearing—Summary of Work Surface Use Memos,dated April 26,2007& X April 23, 2007 ✓ D Oct. 16 Hearing—David Rippe, SE Weld Soil District e-mail,dated Oct. 16, 2007 X ✓ E Oct. 16 Hearing—Certificate of Notification, Mineral Rights Owners,and X attachments CPI(,�'� (111 66/-1 SPO'S' • F Nov.6 Hearing—Planning Staff Continuance Memo,dated November 6,2007 X ✓ G Nov.6 Hearing—Development Commitments Final Draft, November 6,2007 X ✓ H Nov.6 Hearing—Ireland/Stapleton Fire District Update Letter and X attachments/background information, dated November 6, 2007 • I Nov.6 Hearing—SPO Letter, Don &Susie Bratrsovsky e-mail, dated November 6, X 2007 v J Nov.6 Hearing—SPO Letter, Kristy&Doug Stallsworth e-mail, dated November X 6, 2007 ✓ K Nov. 6 Hearing—Proposed plat notes,from County Attorney X L Nov. 6 Hearing—Applicant Memo about Conditions, dated November 6,2007 X • M Nov. 6 Hearing—Pioneer website printout,dated October 25, 2007 X • tset • 10 Correspondence Received After Planning Commission Hearings (h l2 A uli(u1 X I hereby certify that the fourty-six items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. {_ Brad Mueller,Planning Services • • n LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO PLANNERS: Brad Mueller, Chris Gathman, Jacqueline Hatch and Michelle Martin CASE NUMBER: PZ-1125 HEARING DATE:October 16, 2007 APPLICANT: Pioneer Communities Inc. & HP Farms LLC, c/o Jack Reutzel ADDRESS: 9145 East Kenyon Avenue, Suite 301, Denver, CO 80237 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, commercial uses up to 200,000 square feet, 5 elementary schools, 2 middle schools, 2 high schools, 12 local and community parks, wastewater and water storage areas, and various agricultural and open space uses on a total of approximately 5073 acres. • LEGAL: Part of Sections 4, 5, 7, 8, 9, 17, and 18, Township 2 North, Range 64 West of the 6th P.M.; and Section 32, Township 3 North, Range 64 W of the 6th P.M.; and Sections 11, 12, 13, 14, and 15, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado. LOCATION: In the vicinity of County Road 22 and County Road 49. ACRES: 5,073 +/-acres PARCEL#: 1307-14-200038, 1305-17-300028, 1305-17-200029, 1305-08-300015, 1305-08- 300016, 1305-18-100016, 1305-18-100017, 1305-05-100001, 1305-07-300007, 1305-07-300008, 1305-07-400009, 1305-18-400007, 1215-32-000010, 1305-09- 000004, 1307-02-000001, 1307-02-000011, 1307-12-000009, 1307-13-000014, 1305-04-000002, 1307-12-300010, 1307-12-300011, 1305-17-000020, 1307-11- 000026, 1307-11-400028, 1307-11-400029, 1307-11-400030, 1307-15-100029, 1307-15-100030, 1307-14-200037, 1305-08-300020, 1305-08-400021, 1307-12- 400012, 1307-12-400013, 1307-13-100019, 1307-13-100020, 1305-18-200008, 1305-18-200009, 1305-18-400006, 1215-32-200002, 1305-17-000015, 1307-12- 000008, 1305-08-000012, 1305-05-400004, 1305-05-400003, 1305-07-200006, 1305-07-100005, 1305-08-200017, 1305-08-200018, 1305-08-200019, and 1305-08-000011 • EXHIBIT Pioneer PUD PZ-1125 Page 1 1 • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral dated August 21, 2007 • Weld County Sheriffs Office, referral dated July 15, 2007 • Weld County Department of Public Works, referral dated August 27, 2007 • Weld County Department of Building Inspection, referral dated July 30, 2007 • Weld County Code Compliance, referral dated July 17, 2007 • Weld County Paramedic Services, referral dated July 18, 2007 Office of State Engineer, Division of Water Resources, referral dated July 18, 2007 • Colorado Department of Transportation, referral dated August 14, 2007 • Colorado Department of Natural Resources, Water Conservation Board, referral dated July 18, 2007 • Colorado Division of Wildlife, referral dated July 30, 2007 • Platte Valley Soil Conservation District, referral dated July 21, 2007 • Town of Hudson, referral dated August 9, 2007 • Town of Keenesburg, referral dated July 30, 2007 • Weld RE-3J School District, referrals dated September 12 and August 31, 2007 • Vanderwerf& Buchanan LLP representing Anadarko E&P, referral dated July 24, 2007 • Kerr McGee Oil and Gas Onshore LP, referral dated July 19, 2007 • The Farmers Reservoir& Irrigation Company, referral dated July 11, 2007 • Xcel Energy/Public Service Company of Colorado, referral dated August 2, 2007 ▪ Noble Energy, referral dated October 1, 2007 • • Resource Colorado Metropolitan District, referral dated September 18, 2007 • Hudson Fire Protection District, referral dated August 22, 2007 The Department of Planning Services'staff has not received responses from the following agencies: ▪ Weld County Office of Emergency Management • State Department of Public Health and the Environment ▪ Brighton/Southeast Soil Conservation District • Adams County • EnCana • Henrylyn Ditch Company • Southeast Weld Fire Protection District • Denver International Airport • Pioneer PUD PZ-1125 Page 2 • ' 1a; PLANNED UNIT DEVELOPMENT CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO PLANNERS: Brad Mueller, Chris Gathman, Jacqueline Hatch and Michelle Martin CASE NUMBER: PZ-1125 HEARING DATE: October 16, 2007 APPLICANT: Pioneer Communities Inc. & HP Farms LLC, c/o Jack Reutzel ADDRESS: 9145 East Kenyon Avenue, Suite 301, Denver, CO 80237 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, commercial uses up to 200,000 square feet, 5 elementary schools, 2 middle schools, 2 high schools, 12 local and community parks, wastewater and water storage areas, and various agricultural and open space uses on a total of approximately 5073 acres. LEGAL: Part of Sections 4, 5, 7, 8, 9, 17, and 18, Township 2 North, Range 64 West of the 6th P.M.; and Section 32, Township 3 North, Range 64 W of the 6th P.M.; and Sections 11, 12, 13, 14, and 15, Township 2 North, Range 65 West of the 6th • P.M., Weld County, Colorado. LOCATION: In the vicinity of County Road 22 and County Road 49. ACRES: 5,073 +1-acres PARCEL#: 1307-14-200038, 1305-17-300028, 1305-17-200029, 1305-08-300015, 1305-08- 300016, 1305-18-100016, 1305-18-100017, 1305-05-100001, 1305-07-300007, 1305-07-300008, 1305-07-400009, 1305-18-400007, 1215-32-000010, 1305-09- 000004, 1307-02-000001, 1307-02-000011, 1307-12-000009, 1307-13-000014, 1305-04-000002, 1307-12-300010, 1307-12-300011, 1305-17-000020, 1307-11- 000026, 1307-11-400028, 1307-11-400029, 1307-11-400030, 1307-15-100029, 1307-15-100030, 1307-14-200037, 1305-08-300020, 1305-08-400021, 1307-12- 400012, 1307-12-400013, 1307-13-100019, 1307-13-100020, 1305-18-200008, 1305-18-200009, 1305-18-400006, 1215-32-200002, 1305-17-000015, 1307-12- 000008, 1305-08-000012, 1305-05-400004, 1305-05-400003, 1305-07-200006, 1305-07-100005, 1305-08-200017, 1305-08-200018, 1305-08-200019, and 1305-08-000011 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS CONDITIONAL APPROVAL OF THIS REQUEST FOR THE REASONS LISTED AND DETAILED BELOW. NOTE, HOWEVER, A RECOMMENDATION BY THE DEPARTMENT OF PUBLIC WORKS FOR DENIAL BASED ON INCOMPLETE INFORMATION AND COMMITMENTS (SEE SECTION 27-6-120.6.E COMMENTS BELOW). • 1. The submitted materials are in compliance with the application submittal requirements of Section 27-5-30 of the Weld County Code. Pioneer PUD PZ-1125 Page 3 • 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.8.6.a - The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. 1. The proposed site is not presently influenced by a Coordinated Planning Agreement(i.e., Intergovernmental Agreement)from Chapter 19. 2. Sec. 22-2-60.A (A.Goal 1) -- Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture. The zoning land use plan map that is proposed with this application includes an Agricultural Zone District. A detailed agricultural plan was prepared for the area prior to the creation of the Southeast Weld Mixed Use Area (Agricultural Land Use Analysis, Marc Arnusch, 2005). The proposed Agricultural Zone District Planning Areas shown on the proposed Pioneer PUD zoning map include those areas identified in the analysis report as consisting of highly productive agricultural land. The applicants propose innovative management techniques (such as drip-irrigation and prairie grassland restoration) to produce "value- added" agriculture, which may include vegetable production, tree farms, greenhouses, or a working research farm. 3. Section 22-2-60.8 (A.Goal 2) Conversion of agricultural land to urban scale residential, commercial and industrial uses will be considered when the subject . site is located inside an approved intergovernmental agreement area, urban growth boundary area, Mixed Use Development areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the A (Agricultural) Zone District and other zoned districts that allow urban uses. In addition, this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban scale. The proposal would convert land from the current Agricultural Zone District to a Planned Unit Development ("PUD") consisting of a mixture of uses within the Southeast Weld Mixed Use Development ("MUD") area. Seven zone districts within the Pioneer PUD are proposed: "Agricultural," "Low Density Residential," "Medium Density Residential," "High Density Residential," "Commercial," "Public Facilities," and "Infrastructure Facilities Zone District." (The Infrastructure Facilities Zone District was not included in the original application, but is proposed as a Condition of Approval.) There are 103 individual Planning Areas ("PA") proposed; each Planning Area is zoned according to one of the seven Zone Districts. The project is compatible with existing surrounding uses in terms of general uses, allowed buildings, scale, density, traffic, dust and noise. The PUD process allows for flexibility and variety needed to offer a range of products, services, and uses. • 4. Section 22-2-60.F (A.Goal 6) -- Public facilities and services such as sewer, water, roads, schools, and fire and police protection, must be provided and Pioneer PUD PZ-1125 Page 4 • developed in a timely, orderly and efficient manner to support the transition of agricultural land to other development uses. In evaluating a land use application, County representatives and the applicant will consider the public facilities and services goals and policies. The range of services required of this development is broad and complex. The applicant proposes to provide for these through phased construction over a projected timeframe of 20 or more years. The proposed Development Commitments and Conditions of Approval are designed to ensure that land is dedicated for schools, parks, and roads in a manner that is concurrent with development. Furthermore, these Development Commitments will ensure that the developer pays for park improvements and off-site road improvements that are timed to different levels of development. These improvements must be built before additional residential units can be built, according to the timelines specified by the Development Commitments. The developer will pay for these improvements through a combination of developer investment and taxes collected from future residents though Metropolitan Districts, a quasi-governmental special district that exists to provide services and collect property taxes. There are seven Pioneer Metropolitan Districts, approved for creation by the Weld County Commissioners on February 6, 2006. There is one district, the Pioneer Regional Metropolitan District, which will provide services such as water, sewer, road and park maintenance. The other six districts ("Pioneer Metropolitan District #1," etc.) will provide financing for the payments of bonds that will be issued for improvements such as water/sewer infrastructure and roads. • 5. Section 22-2-110.8 (UGB.Goal 2) -- Concentrate urban development in or adjacent to existing municipalities, an approved intergovernmental agreement, the Mixed Use Development areas, urban growth boundary areas, urban development nodes, or where urban infrastructure is currently available or reasonably obtainable. The proposed PUD is located within the Southeast Mixed Use Development (SE Weld MUD) area, and within the three-mile municipal referral areas of the Towns of Hudson and Keenesburg and Adams County. The Town of Keenesburg, in their referral dated July 30, 2007, requests continued cooperation with the Town regarding the construction of the proposed Keenesburg Parkway and working on a water/wastewater agreement. The Town of Hudson, in its referral dated August 9, 2007, anticipates on-going discussion about the development and indicates concerns with how to ensure commitments regarding the County Road 49/1-76 Interchange, the timing and funding of services for fire and school facilities, and funding of services through property taxes alone. No referral was received from Adams County. It is the opinion of the Department of Planning Services that, with the attached Conditions of Approval and Development Standards, these issues can be adequately addressed. The land uses shown on the Change of Zone plat reflect the uses shown on the Southeast Weld MUD Structural Land Use Map 2.1, adopted June 12, 2006. 6. Section 22-2-170.G (C.Goal 7) -- Encourage the in fill of existing commercial developments and provide an environment which supports growth for existing business. • Pioneer PUD PZ-1125 Page 5 • The Change of Zone includes the creation of a 32-acre Commercial Zone District. The proposed Development Standards would limit the amount of commercial uses within this District to 200,000 square feet, which is roughly equal to four medium-sized grocery stores. This amount of commercial space is much less than what will be needed to serve the development at build-out. (Staff estimates a build-out population of approximately 25,000 people based on the proposed zoning.) This limit of 200,000 square feet of commercial uses is being proposed in order to encourage commercial development and infill in the existing towns of Hudson and Keenesburg, as stated in the application. 7. Section 22-2-190.C(R.Goa13) -- Urban residential uses will be encouraged when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, Mixed Use Development areas or urban growth nodes, or where adequate infrastructure and services are currently available or reasonably obtainable. Three categories of urban/suburban residential densities are proposed within the SE Weld MUD. These include a "Low Density Residential Zone District" (1.0 — 3.5 dwelling units per acre), which would allow single-family detached homes. The "Medium Density Residential Zone District" (2.5 — 6.5 dwelling units per acre) would allow single-family detached houses, as well as attached housing such as town homes and apartments. The "High Density Residential Zone District" (5.0 — 10.0 dwelling units per acre) is also proposed for detached and attached housing. If approved with the staffs proposed Conditions of Approval, the Development Standards for residential housing would require that the minimum densities be developed under each zone district. • 8. Section 22-2-210.C (PUD.Goal 3) -- Maintain land use regulations that allow County officials to review development proposals which may combine Uses By Right in two (2) or more zone districts, or which in some manner qualify as a Planned Unit Development according to the definition set forth in Section 24-1-40 of this Code. Section 24-1-40 describes a PUD as "an area of land . . . to be developed under unified control or unified plan of development . . . the plan for which may not correspond to . . . existing land use regulations." The Pioneer PUD proposes seven zone districts which do not correspond to the County zone districts. Unique Development Standards are proposed for each of the seven districts to establish allowed uses, setbacks, and other standards. The Conditions of Approval proposed by staff include changes to the Development Standards that were proposed by the applicant in the original submittal. These changes are being proposed as Conditions of Approval to account for uses not contemplated in the applicant's submittal, or to be consistent with other broader goals found in the Weld County Code. 9. Section 22-2-210.G (PUD.Goal 7) -- All new Planned Unit Development should pay its own way. The proposed Conditions of Approval, Development Standards, and Development Commitments will ensure that land is dedicated for parks, schools, emergency facilities, water and wastewater facilities, and roads. They also ensure that the applicant (often through funding by a metropolitan district) pay for improvements for all of these services, and that the timing of such construction is • done in a manner to be in place when new development requires that level of service. Exact timing and triggers remain under discussion. Pioneer PUD PZ-1125 Page 6 • 10. Section 22-2-270.D (SE.MUD.Goal 4) -- Development of the Southeast Weld MUD area shall occur in a manner that assures an attractive working and living environment and establishes a sense of community identity by planning and managing residential, commercial, environmental, aesthetic and economic components in coordination with Hudson and Keenesburg. The growth associated with the Southeast Weld MUD area will promote product and service demands to be met in part by the existing towns of Hudson and Keenesburg. The addition of housing in the vicinity will enhance the marketability of the area as an employment center. Appropriate scaled neighborhood-oriented commercial uses will be encouraged in the Southeast Weld MUD area, to provide convenient retail opportunities for neighborhoods. The proposal assures that new development occurs in such a manner as to create an attractive living environment. Further, all applicable standards and regulations, unless otherwise modified herein, of Chapters 22, 23, 26, and 27 of the Weld County Code shall be integrated in the design of the future Final Plats and will be addressed through the Site Plan Review process. The subdivision design integrates residential, commercial, and environmental components into a cohesive unit that is compatible with surrounding land uses. The submitted plan includes significant changes from earlier designs, done to address concerns that were raised during the administrative Sketch Plan process. Some of these changes included limiting the number of accesses allowed on County Road 49, designing County Road 22 through the development as a through road (versus requiring a "T" intersection), relocating school and park sites, and shifting densities. The most significant design change that was made to address Sketch Plan comments was the elimination in the Change of Zone PUD layout of the • northwest section of the Southeast Weld MUD; this removed several hundred potential residences from the plan, which would have been very isolated from the remainder of the development. (The existing Southwest Weld MUD would support future potential rezoning of this northwest section, however.) The Department of Planning Services has not received any letters from surrounding property owners expressing concern with the proposal. The Development Standards and Conditions of Approval ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 11. Section 22-2-280.C (SE.MUD.P.Goal 1) -- Provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety and general welfare of the present and future residents of the area. Weld County hired the firm of Clear Water Solutions to review the applicant's submittal materials relating to water. The initial report from Clear Water Solutions indicated that the information submitted generally showed adequate water in terms of quantity, quality, and availability, with eight tracking points. These eight items were addressed and updated information was provided in a response letter from the applicants' engineers (TZA Water Engineers, Inc.) dated August 17, 2007. In correspondence dated August 23, 2007, Clear Water Solutions indicates that all questions have either been addressed or provided with an adequate update of progress in addressing those questions. A sanitary sewer plant has been proposed which would allow central sewer • service to the development, to be owned an operated by the existing Resource Colorado Metropolitan District, which would contract services to the Pioneer Pioneer PUD PZ-1125 Page 7 • Regional Metropolitan District. The utility and financial plans for this plant and the related sewer system were reviewed by the Front Range Water Quality Planning Association, which recommended approval of both the utility plan and the wastewater plant site application on April 26, 2007. This recommendation was forwarded to the State, which is withholding final approval pending a successful rezoning of land that would support the need for sewer service. Staff believes that the Front Range Water Quality Planning Association's review and recommendation indicate that adequate public sewer facilities are available. 12. Section 22-2-280.D (SE.MUD.P.Goal 2) -- Provide adequate public safety facilities, such as satellite stations for police, fire and ambulance and encourage the siting of co-located facilities and equipment. A proposed Plat Note requires that a Law Enforcement District ("LEA") be established prior to the issuance of any building permits in the development. Formation of an LEA will address Sheriff Department concerns about having adequate resources to serve a suburban community, by identifying a dedicated funding source and specifying services. The LEA can impose up to a 7.0 mill levy. To address fire and ambulance services, the proposed Conditions of Approval require the dedication of a 1-acre site within Planning Area 19 for future emergency facilities. The applicants propose a 2 mill tax levy on properties to pay for increased facilities and services. In their referral dated August 22, 2007, the Hudson Fire Department indicates that this level of tax may not be sufficient for a station and equipment. As a proposed Condition, the applicant is required to address the requirements of the Hudson and Southeast Weld Fire Districts • prior to recording the Change of Zone plat. 13. Section 22-2-280.E. (SE.MUD.P.Goal 3) -- New development shall plan for areas of land adequate for school facilities conveniently placed central to residential neighborhoods and provide financial assistance to assist the school district in funding a portion of the capital construction of school facilities in a timely manner. The proposed Conditions of Approval require the development of three types of parks — Neighborhood, Local, and Community. Neighborhood Parks, up to 1 acre in size, are required in each of the residential and commercial planning areas (for a total of 56). There are eight Local Parks Planning Areas, which range is size from 3 to 18 acres. Two Community Parks (in four Planning Areas) are proposed for the interior of the site. Land for the parks must be dedicated in conjunction with platting of the neighboring residential areas, and must be constructed according to a specified standard. In the case of the community parks, the first of these must be built one year after the 3000th dwelling unit is platted, and the second must be built one year after the 7000`h dwelling unit is platted. 14. Section 22-2-290.D (SE.MUD.T.Goal 2) -- Promote a pedestrian trail system to service transportation and recreation purposes within the Southeast Weld MUD area. A system of pedestrian and open space connections are proposed to connect the components of the development and the surrounding properties and • developments. Pioneer PUD PZ-1125 Page 8 • 8. Section 27-6-120.6.b - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Staff believes that the application complies with all 31 of the Performance Standards specified in the Code. Many of these are discussed in detail throughout this report; some of the others include the following: Section 27-2-10, Purpose—The applicant has proposed seven zone districts and various performance standards (i.e., Development Standards specifying use and bulk requirements) that differ from zoning standards set by the Weld County Code. With the attached Conditions of Approval, the Department of Planning Services is in support of this request. In general, the proposed uses and standards are consistent in intent with those in the Weld County Code, although some uses are more constrained, to reflect the specific location of the property and the development of the site as a master planned community. Section 27-2-60, Open Space —The application fulfills the 20% open space requirement of the Southeast Weld MUD (Appendix 26-E, Weld County Code). Approximately 779 acres are designated as parks or general open space. (Approximately 724 acres, if oil and gas constraints are not included.) The Agricultural Zone Districts were not included in the calculation of open space. Less than half of the open space is specified for formally landscaped parks and programmable space; the remainder is for use for buffering, scenic, and as floodplain, and will not be formally landscaped or maintained. Section 27-2-80, Design standards and improvements agreements. Future final plats must conform to the subdivision design standards found in the Weld County Code, or as specified in the Pioneer PUD. There are variations proposed with this application concerning lot sizes allowed, and street widths and design. In their referral dated August • 27, 2007, Public Works indicates that "the reduced cross sections on local streets maintained by the Metro District are acceptable to Public Works, however . . . Weld County will require reservation of additional [right-of-way] to accommodate potential future roadway widenings necessitated by development density trades that change traffic patterns and/or amounts." Section 27-2-90, Filing, and Section 27-2-160, Phasing. — The PUD will be platted as multiple future Final Plats. Each filing may be built in multiple phases, and it is possible that multiple separate phases (e.g., by different builders) may occur simultaneously. Section 27-2-165, Public purpose. -- The parks, park improvements, trails, open space, agricultural, floodplains, and buffer areas all fulfill public purposes. The amount of park land dedicated by the Change of Zone is approximately 15 acres per 1000 people. (Population was projected by staff at approximately 2.3 people per dwelling unit.) This standard of adequate services was arrived at by surveying park standards for jurisdictions along the Colorado Front Range. An average standard was approximately 5 acres per 1000 people of local park land, and 10 acres per 1000 people for community parks. Section 27-2-200. Uses. — The allowed uses proposed for the seven Pioneer PUD zone districts are described for each of the 103 Planning Areas ("PA"). Each Planning Area is designated as one of the seven zone districts. Each Planning Area is defined by an acreage and a rough geographical location, relative to surrounding Planning Areas. Each residential Planning Area is allowed a maximum number of dwelling units. All commercial and non-residential uses within the Pioneer PUD are required to be submitted for Site Plan Review, unless a Use by Special Review is required. • Pioneer PUD PZ-1125 Page 9 • C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. Though different than current surrounding uses, the proposed zoning and design are compatible with existing surrounding uses in terms of general uses, allowed buildings, scale, density, traffic, dust and noise. The PUD process allows for flexibility and variety needed to offer a range of products, services, and uses. D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code. Weld County hired the firm of Clear Water Solutions to review the applicant's submittal materials relating to water, who indicate that all questions have either been addressed or provided with an adequate update of progress in addressing those questions. A sanitary sewer plant has been proposed which would allow central sewer service to the development. Staff believes that the Front Range Water Quality Planning Association's review and recommendation indicate that adequate public sewer facilities are available. E. Section 27-6-120.6.e - That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. Weld County Public Works, in its referral dated August 27, 2007, recommends denial of • the application, pending submittal of additional information and commitments concerning the construction of road-related improvements. This information is necessary to ensure that the proposed development complies with Sections 22-3-60 through 22-3-140 of the Weld County Code. While discussions are on-going with the applicant, Public Works has determined at the time of this report that there is not sufficient information committing the development to specific off-site improvements. Specifically, the transportation network in the vicinity of the development must preserve the existing and future function of roads and highways affected by this proposed development. Traffic generated by the proposed development must conform to the recommendations and requirements of the Department of Public Works and the Colorado Department of Transportation (CDOT). An overall traffic impact analysis and supplemental traffic analysis has been prepared for this development, which addresses the cumulative development impacts created by this project and suggests appropriate project mitigation. The metropolitan districts previously approved for this area will provide for the maintenance obligations of transportation improvements within the Pioneer PUD. A revised and approved traffic report is a required prior to final approval. F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. • Pioneer PUD PZ-1125 Page 10 • On-site and off-site improvements agreements will be required for each of the future Final Plat applications submitted under this PUD. Each filing will contain roads for access to the residences, commercial, and park and school lots, and separate traffic reports will be submitted to ensure that the appropriate collector and arterial roads are in place to serve the proposed filings. Improvements to existing and proposed off-site improvements such as the construction of an interchange at County 53 and 1-76 or the widening of County 49 are ensured by Development Commitments. These Development Commitments are proposed as Conditions of Approval, and they list what improvements are the responsibility of the developer and when the improvements are to be completed. (Usually an improvement must be made prior to the platting of a specified number of dwelling units.) G. Section 27-6-120.6.g- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. With the exception of the flood hazard district, the subject property is not located within any overlay districts. The proposed zoning accounts for flood areas by generally placing these in either an agricultural or public facilities zone district; specific floodplain boundaries and limits for development will be determined through final platting of the sites. Commercial minerals, including oil and gas and sub-surface coal, must be accounted for by a Surface Use Agreement between the applicant and the mineral rights owners. A proposed Condition of Approval states that the applicant must provide this Agreement prior to recordation of the Change of Zone plat, or re-configure the land use zoning map to provide drill envelopes consistent with spacing that is specified by State law. • Soil conditions were analyzed in two reports submitted by the applicant. (Geotechnical Due Diligence Study for Harkis Farms Property, A.G. Wassenaar, Inc., February 24, 2005; and, Geologic Assessment: Harkis Farms Property, A.G. Wassenaar, Inc., August 18, 2006) A referral from the Colorado Geological Survey ("CGS") dated October 24, 2006, and submitted as a response to the Pioneer Sketch Plan application indicates that there are no surface conditions that would appear to preclude development on the site. The CGS referral provides a good overview of the general geologic conditions on the property, which include areas of very high consolidation/compression soils and very high swelling soils. The site also contains areas of shallow groundwater. Of particular note is that full-depth basements may not be feasible on all lots, particularly along the eastern drainageway in Section 8 (i.e., "No Name Tributary"). The CGS also notes the significant number of oil/gas facilities located throughout the site. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The submitted Specific Development Guide sufficiently addresses the approval criteria required of a Change of Zone. The Development Standards, as amended by staffs proposed Conditions of Approval, describe the performance standards and allowed uses in each of the seven proposed zone districts, as described previously. The Department of Planning Services' recommends that each Final Plat filing be submitted for review and approval of the Board of County Commissioners, given the intensity and size of the proposed development. Overall, the project is compatible with existing surrounding uses in terms of general uses, building height, scale, density, traffic, dust and noise. The PUD process allows for flexibility and variety needed to offer a range of services and uses. • Pioneer PUD PZ-1125 Page 11 • The recommendation for approval is based upon compliance with Chapter 27 requirements. The Change of Zone recommendation from A (Agricultural) Zone District to the Pioneer PUD (Planned Unit Development) for a maximum of 9,455 residential dwelling units, commercial uses up to 200,000 square feet, 5 elementary schools, 2 middle schools, 2 high schools, 12 local and community parks, wastewater and water storage areas, and various agricultural and open space uses on a total of approximately 5073 acres is conditional upon the following: 1. Prior to recording the Change of Zone plat: A. The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in the referral response dated August 27, 2007. At this point the Department of Public Works is recommending denial of the application, pending additional information and commitments. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements (concerns) of the Department of Public Health and Environment, as stated in the referral response dated August 21, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall address the requirements (concerns) of the Department of the Weld County Sheriffs Office, as stated in the referral response dated July 15, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) • D. The applicant shall address the requirements (concerns) of the Department of Building Inspections, as stated in the referral response dated July 30, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Department of Paramedic Services, as stated in the referral response dated July 18, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of the Office of the State Engineer, as stated in the referral response dated July 18, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall address the requirements (concerns) of the Colorado Department of Transportation, as stated in the referral response from FHU and Navjoy Consulting Services, Inc., dated August 14, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The applicant shall address the requirements (concerns) of the Colorado Water Conservation Board, as stated in the referral response dated July 18, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) • Pioneer PUD PZ-1125 Page 12 • I. The applicant shall address the requirements (concerns) of the Colorado Division of Wildlife, as stated in the referral response dated July 30, 2007. Some of the concerns highlighted by the Division of Wildlife include that the applicant shall conduct a survey for the Burrowing Owls' and for raptor nests to be completed prior to construction. Open space shall also be kept in a natural vegetation and remain connected. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) J. The applicant shall address the requirements (concerns) of the Platte Valley Conservation District, as stated in the referral response dated July 21, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) K. The applicant shall address the requirements (concerns) of the Town of Hudson, as stated in the referral response dated August 9, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) L. The applicant shall address the requirements (concerns) of the Town of Keenesburg, as stated in the referral response dated July 30, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) M. The applicant shall address the requirements (concerns) of the RE-3J School District, as stated in the referral responses dated September 12 and August 31, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) • N. The applicant shall address the requirements (concerns) of Kerr McGee Oil & Gas Onshore LP, as stated in the referral response dated July 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Kerr McGee Oil & Gas Onshore LP) O. The applicant shall address the requirements (concerns) of Vanderwerf & Buchanan LLP representing Anadarko E&P Company LP, as stated in the referral response dated July 24, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Vanderwerf & Buchanan LLP representing Anadarko E&P Company LP) P. The applicant shall address the requirements (concerns) of the Farmers Reservoir & Irrigation Company, as stated in the referral response dated July 11, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) Q. The applicant shall address the requirements (concerns) of Xcel Energy, as stated in the referral response dated August 2, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) R. The applicant shall address the requirements (concerns) of the Hudson and Southeast Weld Fire Districts, as stated in the referral response from the Hudson Fire District dated August 22, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) • Pioneer PUD PZ-1125 Page 13 • S. 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) T. The applicant shall submit to the Department of Planning Services, for review and approval, a complete and revised set of Community Park standards that better reflect minimum adequate services for these regional recreational facilities. This list should be prepared by a professional parks planner and will be reviewed by Department of Planning Services to ensure that a minimum adequate level of amenities (e.g., ballfields, tennis courts, etc.)are provided. (Department of Planning Services) U. 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) V. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the Farmer Reservoir and Irrigation Ditch stipulating that the ditch activities have adequately been incorporated into the design of the site or indicate how the concerns of the ditch company have been addressed. (Department of Planning Services) W. 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) X. 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) 2. The Change of Zone is conditional upon the following and that the plat shall be amended to include the following prior to recording: A. All sheets of the plat shall be labeled PZ-1125. B. The applicant shall adhere to the plat formatting requirements in preparation of the Change of Zone plat per Section 23-2-690, Article 3 of the Chapter 26, and Article 9 of Chapter 27 of the Weld County Code. C. The Planning Commission and Board of County Commissioner Certificates shall be revised to be consistent with those shown in Appendix 26-P of the Weld County Code. D. The Weld County's Right to Farm shall be placed on the plat as a plat note, found as Appendix 22-E of the Weld County Code. (Department of Planning Services) • Pioneer PUD PZ-1125 Page 14 • E. In the Open Space Summary Chart, clarify that the PUD is located in the SE Weld MUD (not "SE-MUD"). Clarify the oil and gas reference to "508.2 acres — 54.2 acres". Move the 1-acre parks from the open space column to the parks column. F. A new "Infrastructure Facilities Zone District" shall be added to both the graphic and the Land Use Chart, as discussed below. It should consist of PA-46 and PA-90, and be shown as a different color on the color exhibit. G. Approximately 7.5 acres of park space shall be added to the Planning Areas west of County Road 49, distributed so that approximately 5.0 acres of park space is designated in the Planning Areas both north and south of County Road 22. To do this, add an additional Public Facilities Planning Area (park), and also enlarge PA-91. (Total acreage can be taken from other areas east of County Road 49.) H. All ditches must be appropriately labeled and dimensioned. The submittal materials concerning water and wastewater services indicate the need for a 40-acre (surface area) re-use water storage reservoir. Clarify where this lake would be located and propose an additional Infrastructure Facilities Planning Area for the area where it is anticipated. (Department of Planning Services) J. Remove the Bulk Standards Chart on Sheet 21 of the submittal, since it will be added to Sheets 19 and 20 as part of the Development Standards. Revise the illustrative lots to conform to changes made to the Bulk Standards. Revise labels to read: "Low Density Residential Zone District (examples)" and "Medium Density Residential Zone District (examples)". • K. Revise the Trail Plan to show dedicated trail connections to the school sites, particularly the middle/high school site at PA-14. L. Revise the Trail Plan to relocate the trail proposed through PA-19 so that is more clearly shown as being along the eastern border of the Commercial Planning Area. M. Revise the Trail Plan so that the trail ending at PA-86 continues north to Planning Areas PA-101, PA-102, and PA-103. N. Revise the Trail Plan in the application submittal plat to show a dedicated east-west trail connection between the main north-south trails shown on both the west side of County Road 49 and the east side. Because this additional trail connection will cross County Road 49, an above- or below-grade connection shall be provided. A note indicating a grade-separated crossing shall be added to the plans. O. Revise the Trail Plan to reflect a loop trail system that is consistent with the Southeast Weld MUD Structural Land Use Map. P. Revise Sheet 23 of the application submittal plat and the general notes to read: "The following is a list of plant types generally allowed within the Pioneer PUD, consistent with the Listing of Plant Materials for the SE Weld MUD, as indicated in Appendix 26-G of the Weld County Code. Q. The applicant shall remove all references to the Keenesburg Parkway from the plat maps. • Pioneer PUD PZ-1125 Page 15 • R. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the properties mineral owners and lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site, or indicate the 400' x 400' and the 800' x 800' drilling envelope locations per state statute. Showing the standard envelope locations will substantially alter the PUD Zone Map, so if the default locations are required at the time the zoning plat is to be recorded, then Weld County may require that the application be re-reviewed at that time. S. The applicant shall delineate a 350' radius from any existing oil and gas production facilities or within a 25' radius of any plugged or abandoned oil and gas well in the Residential Zone Districts, unless an agreement with the properties mineral owners and lessees indicating an alternative setback is provided. T. The applicant shall delineate a 200' radius from any existing tank battery and 150' radius from of any wellhead or within a 25' radius of any plugged or abandoned oil and gas well in the Agricultural Zone Districts, unless an agreement with the properties mineral owners and lessees indicating an alternative setback is provided. 3. The Change of Zone is conditional upon the following and that each of the following Plat Notes shall be placed on the Change of Zone plat prior to recording: A. The site specific development plan is for a Change of Zone application from the A (Agricultural)Zone District to a PUD (Planned Unit Development)for a maximum of 9,455 residential dwelling units, commercial uses up to 200,000 square feet, 5 elementary • schools, 2 middle schools, 2 high schools, 12 local and community parks, wastewater and water storage areas, and various agricultural and open space uses on a total of approximately 5073 acres. (Department of Planning Services) B. A development phase may be made up of multiple Planning Areas or a portion of a Planning Area. Planning Areas can comprise multiple Final Plan Filings. (Department of Planning Services) C. The configuration of lots, streets, parks and open space, and schools as depicted on the Change of Zone map are to be used to determine consistency with the provisions of the Southeast Weld MUD and the Weld County Comprehensive Plan. Final configuration of lots, streets, parks and open space, and schools for each Planning Area shall be determined at time of Final Plat. The general spacing for parks and schools show intent and shall be maintained with Final Plat applications. (Department of Planning Services) D. The overall maximum residential dwelling units as depicted in the Change of Zone shall not be exceeded. Densities may transferred in accordance with the PUD Amendment process included herewith. (Department of Planning Services) E. Street standards are established through the PUD development standards. All right of way alignments and locations within the PUD may be modified during final plan platting so long as the general intent and minimum traffic requirements for Weld County are met. (Department of Planning Services) • Pioneer PUD PZ-1125 Page 16 • F. Existing and proposed oil and gas facilities, associated setbacks, and access are subject to operational agreements between the lease holder and land owners. (Department of Planning Services) G. Open Space tracts are non-buildable for residential structures or structures providing habitable space. Open Space restrictions are permanent. To further the mutual interest of residents, occupants and owners of this PUD, as well as the public, in the preservation of the integrity of the Pioneer PUD, the provisions of the PUD District and Plan relating to the use of land and the general location of Open Space shall be enforceable by the County. (Department of Planning Services) H. The maintenance of open space, parks, detention facilities, and tracts of land serving this development shall be the responsibility of the metropolitan districts and/or a homeowners' association. (Department of Planning Services) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot(s) may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the food plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0900 C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code, as amended, and all applicable FEMA regulations and requirements as described in 44 CFR Parts 59 and 60. (Department of Planning Services) J. An applicant shall submit a Flood Hazard Permit to the Department of Public Works for review and approval prior to the issuance of any building and/or grading permit, for • parcels located within the floodplain or floodway. (Department of Planning Services) K. All project phases shall have two points of access and a looped water system to allow proper fire protection. (Department of Planning Services) L. Water and sanitary services shall be obtained from the Resource Colorado Water and Sanitation Metropolitan District serving the Pioneer Metropolitan Districts. (Department of Public Health and Environment) M. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) N. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) O. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) • Pioneer PUD PZ-1125 Page 17 • P. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) Q. 'Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) R. The Pioneer Law Enforcement District shall be established and in operation prior to issuance of building permits and sale of homes in the Pioneer Community. (Department of Planning Services) S. All signs including entrance signs shall require building permits. Signs shall adhere to the approved sign plan. (Department of Planning Services) T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and requirements of the service providers. (Department of Planning Services) U. A separate building permit shall be obtained prior to the construction of any building. A plan review is required for each building for which a building permit is required. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Commercial building plans require a Code Analysis Data sheet, which is provided by the Weld County Building Department. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) V. Buildings shall conform to the requirements of the codes adopted by Weld County at the • time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) W. Each building will require an engineered foundation based on a site-specific geotechnical report or an open-hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) X. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed with the building plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) Y. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring 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) • Pioneer PUD PZ-1125 Page 18 • Z. Applicants for a building permit must provide a letter of approval from the Southeast Weld Fire Protection District or Hudson Fire Protection District (as applicable) prior to construction. (Department of Building Inspection) M. 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) BB. 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) CC. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, any adopted Weld County Code and Policies, and all State and Federal requirements applicable to the site. (Department of Planning Services) DD. 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) EE. PUD Final Plans shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 4. The Change of Zone is conditional upon the following and that each of the following Development Commitments shall be placed on the Change of Zone plat prior to recording: STATEMENT OF DEVELOPMENT COMMITMENTS Following approval of the Development Guide and Zoning Map, incorporated herein, and as the approved zoning shall remain in effect, the following commitments applicable to the PIONEER PLANNED UNIT DEVELOPMENT ("PUD") shall be binding upon the developers, owners, successors, and assigns, including any special districts in which said owners may participate. A. 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 • Pioneer PUD PZ-1125 Page 19 • 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. B. 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. C. Neighborhood Parks. The developers of the Pioneer PUD, their successors and assigns shall dedicate 1-acre parks (minimum total acreage) in each of the residential PA's found on Sheet 5. Such sites shall be useable space for active park use and contain, at a minimum, the elements indicated in Section 6.10 of the Development Standards. D. Local Parks. The developers of the Pioneer PUD, their successors and assigns shall dedicate local parks in PA's-10, 34, 70, 75, 77, 83, 86, and 91, to be dedicated to the Pioneer Regional Metropolitan District, or such other public entity as mutually agreed upon by Weld County and the Pioneer Regional Metropolitan District, at the time of final plat or site plan review for the adjacent Planning Area. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the minimum amenity elements indicated in Section 6.20 of the Development Standards. Such parks shall be substantively constructed at the time of completion of 50% of the residences in the adjacent associated final plat or site plan review area. E. 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 30001h 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 7000`" dwelling unit. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the minimum amenity elements indicated in Section 6..30 of the Development Standards. Such parks shall be substantively constructed within one year of the dedication of the land. F. Major Trails. The developers of the Pioneer PUD, their successors and assigns shall dedicate and cause the construction of all major trails as shown on Sheet 22. Such trails shall be platted and dedicated at the time of final platting of the associated Planning Area. The developers of the Pioneer PUD, their successors and assigns shall cause the construction of the trails, in accordance with the development standards shown on Sheet 22, prior to completion of the first residential dwelling unit in the adjacent associated residential final plat. G. 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 3,5001h residential dwelling unit. H. 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. • Pioneer PUD PZ-1125 Page 20 • I. 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. [DEVELOPMENT COMMITMENTS RELATING TO PUBLIC WORKS ITEMS SHALL BE INCORPORATED HERE AS A CONDITION OF ADDRESSING THE COMMENTS RECEIVED IN THE WELD COUNTY PUBLIC WORKS REFERRAL DATED AUGUST 27, 2007) 5. The Change of Zone is conditional upon the following and that each of the following Development Standards shall be placed on the Change of Zone plat prior to recording: PIONEER DEVELOPMENT STANDARDS INTENT Pioneer embraces the western-agrarian character of Colorado's Front Range through the use of open space, parks, trails, traditional town center design and housing options to ensure an inclusive and active community of families and individuals. This western heritage will be captured through the preservation of prime irrigated farmland and the residential opportunities, including traditional single family detached housing that will include • architectural features from Colorado's early statehood period (1880 through 1920). Additionally, the development of the Pioneer Commercial area will include a traditional "main street" component containing shops restaurants and offices accessed by on street parking. Innovative irrigation techniques and plant selections will provide adequate water for urban landscaping as well as crop production in the arid Rocky Mountain west. Homes and businesses will benefit from a thoughtful design of the parks and open space intended to provide easy and safe access to trails, schools and active recreational spaces that will serve the community's residents. All multi-family residential uses and all non-residential uses shall require processing and approval of an administrative Site Plan Review with Weld County, unless a Use by Special Review is otherwise required. All Uses by Special Review, and uses requiring Site Plan Review, shall be subject to the applicable special use or site plan review process defined in the Weld County Code, as amended. Uses in all zone districts include any other uses similar in nature to the uses set forth herein, as may be determined by the Weld County Director of Planning. Words and phrases used in these Development Standards shall be assigned their ordinary, contemporary meanings, except when in all capital letters; such words or terms in all capital letters shall be as defined in the Weld County Code, Chapter 23 ("Zoning definitions"), as amended. • Pioneer PUD PZ-1125 Page 21 • Section 1 Pioneer Agricultural Zone District The Pioneer Agricultural District shall conform to Article III, Division 1 A (Agricultural Zone District) of the Weld County Zoning Ordinance, as amended, except as modified below. 1.10 Intent All uses by right or by special review within the Agricultural Zone District shall be directly or indirectly related to agriculture business or industries. [Applicant to propose additional intent language here, to be reviewed and approved by Weld County.] 1.20 Uses Allowed by Right: No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural)Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained below. USES within the A (Agricultural) Zone District shall also be subject to the additional requirements per the Weld County Code. A. One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT. • B. One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of land created under the provisions of the Weld County Code. C. FARMING, RANCHING and GARDENING. D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on the premises. E. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and nursery stock not raised on the premises and not for sale on said premises. F. OIL AND GAS PRODUCTION FACILITIES. G. Open space, trails, and PUBLIC parks. H. Water wells and appurtenances. I. Alcohol production which does not exceed ten thousand (10,000)gallons per year, provided that alcohol and by-products will be used primarily on the owner's or operator's land. J. TEMPORARY group assemblages subject to the Weld County Code. • Pioneer PUD PZ-1125 Page 22 • K. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvement project. L. MOBILE HOME subject to the additional requirements of the Weld County Code. M. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road improvement project. In addition, sand, soil and aggregate MINING, regardless of the use of the material, which qualifies for a single limited impact operation (a 110 permit) or is exempt from any permits from the Division of Minerals and Geology, generates no more than five thousand (5,000) cubic yards of material per year for off-site use and does not involve crushing, screening or other processing. An Improvements Agreement, as determined by the Department of Public Works, may be required prior to commencement of operations. N. MANUFACTURED HOME subject to the additional requirements of the Weld County Code. O. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in the Weld County Code is not exceeded. P. Commercial towers subject to the provisions of the Weld County Code. However, one (1) amateur (HAM) radio operator's crank-up antenna may be extended to a maximum of one hundred fifty(150)feet in height, provided that its resting or"down" position does not exceed seventy (70)feet in height. • 1.30 Accessory Uses: The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural)Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed By Right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained below. In no case shall such an accessory building exceed twice the GROSS FLOOR AREA of a primary use on the lot, except by variance. ACCESSORY USES within the A (Agricultural) Zone District shall also be subject to any additional requirements contained in the Weld County Code. A. STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products B. MOBILE HOMES use as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING OR GARDENING, subject to the additional requirements of the Weld County Code. C. HOME OCCUPATIONS. • Pioneer PUD PZ-1125 Page 23 • D. ANIMAL UNITS, of the type and amount indicated for the Agricultural Zone District in the Weld County Code, as amended. E. OFFICE incidental to the operation of the Uses Allowed by Right. F. Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty (50) feet from the PUBLIC right-of- way. G. SIGNS H. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation of a Use Allowed by Right in the A (Agricultural)Zone District. 1.40 Uses by Special Review: The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural)Zone District upon approval of a permit in accordance with the requirements and procedures set forth in the Weld County Code. A. MINING or recovery of other mineral deposits located in the County, subject to the provisions of the Weld County Code. • B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 1. Sorting, grading and packing fruits and vegetables for the grower. 2. Grain and/or feed elevators. 3. Crop dusting or spraying operations facilities (includes hangars, landing strips, fertilizer storage facilities, insecticide storage facilities, fuel storage facilities and OFFICES ACCESSORY to the crop dusting or spraying operation). 4. Grain and feed sales. 5. Commercial grain storage and drying. 6. Fertilizer storage, mixing, blending and sales. 7. Seed production, processing, storage, mixing, blending and sales. 8. Animal training and boarding facilities where the maximum number of ANIMAL UNITS exceeded the number permitted by the Weld County Code or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation. 9. Alcohol production exceeding ten thousand (10,000) gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production operation. 10. Forage dehydration facilities. C. Administrative OFFICES or meeting halls for agricultural organizations. D. Solid waste transfer sites and recycling centers for domestic use. • Pioneer PUD PZ-1125 Page 24 • E. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in the Weld County Code are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty (60) trips per day to and from the property. F. PROCESSING. G. RESEARCH LABORATORY. H. WIND TURBINES. I. One (1) or more microwave, radio, television or other communication transmission or relay tower over seventy (70) feet in height per LOT, subject to the additional requirements contained in the Weld County Code. J. Disposal of domestic sewage sludge subject to the additional requirements of the Weld County Code. K. Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of the Weld County Code. L. MAJOR FACILITIES OF A PUBLIC UTILITY. Public and semi-public water storage facilities, including but not limited to reservoirs and above-ground water tanks together with all necessary appurtenances, wastewater treatment facilities and water treatment facilities, and other facilities meeting this definition. • 1.50 Bulk requirements Front Setback Minimum 20' Side & Rear Setbacks 3', or 1' for each 3' of BUILDING HEIGHT, whichever is greater Lot size 80 acres Separation between permitted 10' uses Height of structure (no limit) Section 2 Residential Zone Districts (Low Density, Medium Density, High Density Planning Areas) 2.10 Intent Residential use is the largest land use within Pioneer. The intent of these standards is to establish the bulk standards for a variety of residential uses ranging from large lot residential at one dwelling unit per acre to apartments/condominiums at 10 dwelling units per acre. The Pioneer Residential Zone Districts are Residential-Low Density, Residential-Medium Density and Residential High Density. In order to maintain flexibility during the proposed multiyear build out period, densities within individual Planning Areas may be modified administratively as indicated herein. The following standards shall • Pioneer PUD PZ-1125 Page 25 • apply to the Residential Zone Districts of Pioneer. 2.20 Uses Allowed by Right in the Low Density Residential Planning Area A. One (1) SINGLE FAMILY DWELLING per legal lot B. Neighborhood parks, open space and non-commercial RECREATIONAL FACILTIES C. Civic facilities, including police stations and fire stations D. CHILD CARE CENTER E. Entry monumentation including signage and landscaping pursuant to the standards set in the signage standards below 2.30 Uses Allowed by Right in the Medium Density Residential Planning Area A. All uses allowed by right in the Low Density Residential B. 2.5 to 6.5 detached or attached dwellings per acre, including townhomes and apartments, pursuant to the bulk requirements of Section 2.80 • 2.40 Uses Allowed by Right in the High Density Residential Planning Area A. All uses allowed by right in the Low Density Residential B. 5 to 10 detached or attached dwellings per acre pursuant to the bulk requirements of Section 2.80 2.50 Accessory Uses (All Residential Districts): A. Garages, carports, and parking, per the Weld County Code, as amended B. Swimming pools, tennis courts and similar non-commercial RECREATIONAL FACILTIES. C. HOME OCCUPATIONS D. Other STRUCTURES or USES clearly incidental and ACCESSORY to a use allowed by right in the district 2.60 Temporary Uses (All Residential Districts): • A. Office incidental and necessary for the sale/ leasing / marketing of new construction Pioneer PUD PZ-1125 Page 26 • B. Construction yards including contractor offices and security trailers C. Seasonal outdoor display D. FARMING, RANCHING and GARDENING. 2.70 Uses by Special Review (All Residential Districts): A. OIL AND GAS PRODUCTION FACILITES B. PUBLIC and Private SCHOOLS C. CHURCHES D. MAJOR FACILITY OF A PUBLIC UTILITY 2.80 Bulk Requirements: Low Density Residential Medium Density High Density Residential Residential Minimum & 1.0-3.5 2.5-6.5 5.0- 10.0 • Maximum Density (Dwelling Units per Arce) Minimum Lot 6000 sf n/a n/a Size Minimum 6000 sf 3,200 for detached units n/a Land Area 2,000 for attached units Per Unit Min.Setback Front (or corner lot 15' (24' garage) 15' (24'for single-family 15' (24'for single-family side) detached dwelling unit detached dwelling unit garage ) garage ) Rear 20' (24' detached garage) 10' (24'for single-family 10' (24'for single-family detached dwelling unit detached dwelling unit garage ) garage ) Side 5' 5' 5' Maximum Building 40' 40'for detached 50' Height 45'for attached • Pioneer PUD PZ-1125 Page 27 • Maximum Lot 50% 60% 60% Coverage Building Multiple buildings on one lot: Greater of 10', or one half Separation 10' (1/2)the height of the taller of the two buildings. Note: All structures, including all appurtenances, shall meet setbacks. Note: Structures may be allowed at the setback line only when all other criteria such as drainage, access, and utilities spacing can be achieved. Section 3 Pioneer Commercial Zone District 3.10 Intent The intent of the Pioneer Commercial Planning Area is to provide adequate land and flexibility for retail, commercial and office to serve the residents of Pioneer. Entry features, landscaping, trails, parking orientation and building materials shall be incorporated to provide an innovative and comprehensive development package. Final design of the Pioneer Commercial Area shall be subject to the Weld County Site Plan review process. 3.20 Uses Allowed by Right. • A. Institutional and community service uses, including but not limited to cultural arts facilities, CHILD CARE CENTERS, public and private schools, including technical, trade and universities, nonprofit clubs, CHURCHES, police and fire stations, and post office facilities. B. Banks and financial institutions, with or without drive-through facilities. C. COMMERCIAL RECREATION FACILITIES inside and outside. (Outside uses -- limited to tennis courts, ice-skating rinks, batting cages or other similar uses.) D. Entertainment facilities such as theaters, concert halls, and cultural facilities. E. Service businesses and office uses including corporate campus, general offices, and medical clinics, with or without drive-through facilities. F. Personal service establishments. G. Retail sales, including general and wholesale merchandise, furniture, food and liquor sales. H. RESTAURANTS, including drive-through and DRIVE-IN RESTRAURANTS. • Pioneer PUD PZ-1125 Page 28 • I. Public facilities and utility service facilities, including commercial communications facilities, wireless telecommunication uses, electric substations, local utilities, water storage and treatment facilities. J. Parks, open space and playgrounds and recreation centers or facilities and other public outdoor uses. K. Commercial parking lots. L. Clubhouse and recreational facilities. M. Public gathering areas. N. Transportation Stations and associated parking and facilities. 3.30 Accessory Uses. A. Telecommunication antennas, dish or current technology as an attachment or accessory to structures. B. All other STRUCTURES or USES clearly incidental and ACCESSORY to a use allowed by right in the district. • 3.40 Temporary Uses. A. Construction yards including temporary batch plants and contractor office(s). B. Sales/leasing and/or marketing trailers. C. Seasonal outdoor display. D. FARMING, RANCHING and GARDENING. 3.50 Uses by Special Review. A. Commercial communication towers over 70'. B. Oil and gas well sites and production wells. 3.60 Setbacks and bulk standards. Minimum Setbacks as measured from the property line of the Pioneer Commercial Zone District irrespective of internal property lines, rights of way, streets or drives are as follows: • Pioneer PUD PZ-1125 Page 29 • Setbacks: front, side, rear (from zone Minimum 25' district only) Lot size (no minimum) Separation between permitted uses (none) Height of structure Maximum 50' Lot coverage Maximum 85% Square footage 200,000 sq ft total in zone district Floor Area Ratio (F.A.R.) Maximum 0.25 All setbacks are measured from the priority line of the Pioneer Commercial Zone District irrespective of internal property lines, rights-of-way, streets or drives. 3.70 Lot Coverage Maximum lot coverage shall be 85 percent. Above-ground parking structures, surface parking lots, underground parking structures, buildings, and major hardscape features shall be included in lot coverage calculations. Land used for growing plants, typical sidewalks and pathways, decorative mulch, and otherwise LANDSCAPED shall not be included in lot coverage calculations. The maximum square footage of development within the Pioneer Commercial Zone District shall not exceed 200,000 square feet of commercial uses. 3.80 Landscaping • As part of the Site Plan review process, a landscape plan for the Pioneer Commercial Planning Area shall be submitted demonstrating compliance with parking lot landscape standards in Section 26-3-60 (Southeast Weld MUD standards) of the Weld County Code, as amended. 3.90 Signage Signage within the Pioneer Commercial Zone District shall be part of the Site Plan process. The Developer shall prepare a comprehensive signage plan that shall demonstrate compliance with Section 26-3-80 of the Southeast Weld MUD standards and otherwise with the provisions of Article IV, Division 2 -- Signs of the Weld County Code as may be amended applicable to the C-3 zoning districts. Section 4 Pioneer Public Facilities Zone District 4.10 Intent: The Public Facilities Zone District is intended to provide locations within Pioneer for public parks and open space, trails, playgrounds, active ball fields, recreation centers, and other play areas and facilities, as well as schools, police, fire and emergency service facilities to meet the need of the residents of Pioneer. • Pioneer PUD PZ-1125 Page 30 • 4.20 Uses Allowed by Right: A. Local Public Parks, subject to Development Commitments herein B. Community Public Parks, subject to Development Commitments herein C. Trails, subject to Development Commitments herein D. Open Space E. Public/Private Schools F. Non-commercial community/neighborhood RECREATIONAL FACILITIES 4.30 Accessory Uses: A. Athletic fields and stands B. Parking C. Concession stands • D. Tennis Courts E. Skating Rinks F. Skateboard Parks G. Picnic Pavilions H. Administrative Offices I. Bus Barns J. Restrooms K. Fire, police, and other emergency facilities, including sub-stations, provided that such facility is designed as an integral part of the primary or principle structure 4.40 Uses by Special Review: A. Oil and Gas Facilities • Pioneer PUD PZ-1125 Page 31 • 4.50 Setbacks and bulk standards. Front Setback Minimum 20' Side & Rear Setbacks 3', or 1' for each 3' of BUILDING HEIGHT, whichever is greater. Lot size 6,000 sf Separation between permitted 10' uses Height of structure (no limit) Section 5 Pioneer Infrastructure Facilities Zone District 5.10 Intent [Applicant to propose intent language here, to be reviewed and approved by Weld County.] 5.20 Uses by Right • A. Public and semi-public water storage facilities B. Water wells and appurtenances C. Pump stations D. Well houses E. Sewer treatment facilities F. MAJOR FACILITIES OF A PUBLIC UTILITY G. Administration buildings H. Parking lot I. FARMING, RANCHING and GARDENING. J. Cultivation and sale of crops, vegetables, plants, flowers and nursery stock raised on the premises. K. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and nursery stock not raised on the premises and not for sale on said premises. • Pioneer PUD PZ-1125 Page 32 • L. Open space, trails, and PUBLIC parks. M. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvement project. 5.30 Uses by Special Review A. OIL AND GAS PRODUCTION FACILITIES 5.40 Setbacks and bulk standards Front Setback Minimum 20' Side & Rear Setbacks 3', or 1' for each 3' of BUILDING HEIGHT, whichever is greater. Lot size 1 acre Separation between permitted 10' uses Height of structure (no limit) • Section 6 General Development Standards 6.10 Neighborhood Parks (located within Residential & Commercial Zone Districts) The Change of Zone Plat depicts many one-acre place holders for parks/open space. In those Planning Areas there shall be one or more Neighborhood Parks totaling one acre that shall be located and committed to at the time of final planning for that Planning Area. Said Neighborhood Parks shall count toward the 20% dedication requirement for Pioneer. Standards for the Neighborhood Parks shall be as follows: Minimum Size of Neighborhood Parks: .25 acres Maximum Size of Neighborhood Parks: 1.00 acre Neighborhood Park Development Commitments: The following elements shall be required: A. Open Play Field B. Sidewalk or Trail C. Site Furniture: Bench(es), trash enclosures, bike rack, and picnic table(s) D. Automatic Irrigation: head to head coverage for all turf areas and drip irrigation for all tree and shrub groupings. • Pioneer PUD PZ-1125 Page 33 • 6.20 Local Parks (Planning Areas PA-10, PA-34, PA-70, PA-75, PA-77, PA-83, PA-86, PA- 91) Local Parks shall be between 5 and 30 acres in size. The following is a list of program elements that are required to be provided within a Local Park in Pioneer and are subject to site plan review. Local Park plans are subject to County Site Plan approval. A. Playground equipment for ages 2-5 and ages 5-12 (minimum 4000 square feet, each age group) B. Informal multi-purpose field C. Loop trail system (5' wide) D. Picnic pavilion with seating for a minimum of 15 people E. Benches (as needed) F. Trash receptacles (as needed) G. On street parking (no parking lot required) H. Landscaping with automatic irrigation system • I. Park sign J. Restrooms K. Tress, shrubs, grass, sidewalks, pathways, decorative mulch, and other LANDSCAPING shall be provided on no less than 85% of the site, in quantities and quality appropriate for active park usage. Hardscape elements consisting of parking lots, structures, and major built features shall not be included in lot coverage calculations. The program elements shown above may be modified in parks located adjacent to school sites in order to avoid duplication with equipment located on the school site. 6.30 Community Parks (Planning Areas PA-28 & PA-40, PA-58 & PA-62) The following is a list of program elements that will be required within the Community Parks in Pioneer. Additional items may be added at the discretion of the developer. [Applicant to propose minimum standards, inserted here, to be reviewed and approved by Weld County] The program elements shown above may be modified in parks located adjacent to school sites in order to avoid duplication with equipment located on the school site. • Pioneer PUD PZ-1125 Page 34 • 6.40 Entryway Signage and Landscape Theming Standards The Entry Feature Location Map attached as part of the Change of Zone (Sheet 22) depicts a hierarchy of project identification locations. The following standards shall be applicable in the specific areas: Type A Signage: Sign face shall not exceed 48 square feet, exclusive of base, with a maximum of two faces per sign. A sign face may contain more than one section or plaque as long as the total sign face square footage does not exceed the requirements above. Maximum height above finished grade shall not exceed 8 feet. Sign may be illuminated, but with no exposed bulbs or neon. Type B Signage: Sign face shall not exceed 12 square feet, exclusive of base, with a maximum of two faces per sign. A sign face may contain more than one section or plaque as long as the total sign face square footage does not exceed the requirements above. Maximum height above finished grade shall not exceed 8 feet. Sign may be illuminated, but with no exposed bulbs or neon. Type C Signage: [Applicant to propose standards, inserted here, to be reviewed and approved by Weld County, or to eliminate this sign type.] Neighborhood Monumentation Signs: Two allowed per entrance to a neighborhood off of a collector or arterial street. Sign face shall not exceed 32 square feet, exclusive of base, with a maximum of two faces per sign. A sign face may contain more than one • section or plaque as long as the total sign face square footage does not exceed the requirements above. Maximum height above finished grade shall not exceed 8 feet. Sign may be illuminated, but with no exposed bulbs or neon. 6.50 General Landscaping Standards Unless otherwise amended herein, Pioneer shall adhere to the standards set forth in Section 26-3-60 of the Weld County Code (Southeast Weld MUD standards), as amended. Unless a use requires processing of a Site Plan Review or a Use by Special Review, landscape plans shall be submitted and reviewed by the County in conjunction with processing of the Final Plat for that lot or parcel. 6.60 Streetscape Standards: Streetscape landscaping for the Pioneer development shall be as follows. Any landscaping material located from the back of curb to the rear of the adjacent lots, is considered to be streetscape. Landscape quantities shall be measured using a Tree Equivalent (T.E.) system. One (T.E.) is equal to one deciduous, ornamental or evergreen tree. One T.E. can also equal ten (10) 5-gallon deciduous or evergreen shrubs or ten (10) 1-gallon ornamental grasses. Arterial and collector roads shall have, at a minimum, one T.E. per sixty (60) linear feet. If a median is located along the road, the landscaping within the median shall be allowed to count towards the streetscape requirement. Lots on local roads shall have one tree per front yard and one tree per forty(40) linear feet on all side lots that are adjacent to a street or adjacent to a tract. • Pioneer PUD PZ-1125 Page 35 • 6.70 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 HOTELS and MOTELS 1 space/unit, plus additional spaces required by this schedule for Restaurants,etc.as required MEDICAL AND DENTAL CLINICS 1 space/250 sq.ft. GROSS FLOOR AREA Mortuaries and funeral parlors 1 space/100 sq.ft.of areas open to the public, plus spaces for mortuary vehicles, plus 1 space/2 employees OFFICE 1 space/300 sq ft gross floor area Nursing homes and rehabilitation centers 1 space/1,000 sq.ft. GROSS FLOOR AREA plus 1 space/employee present during busiest shift. Pre-SCHOOLS and CHILD CARE CENTERS 1 space/employee • Primary SCHOOLS (private,parochial, PUBLIC) 1 space/employee RESTAURANT 1 space/4 indoor seats, a minimum of 20 spaces shall be provided Retail sales and service 1 space/250 sq ft gross floor area Secondary SCHOOLS(private, parochial, PUBLIC) 1 space/employee, plus 1 per 5 students Trade or business SCHOOLS and other post- 1 space/employee,plus 1 for each student for the school's highest secondary educational institutions rated classroom capacity Any land use activity not otherwise identified in A number of spaces determined by the Department of Planning Weld County Code Section 23-4-40, as Services to be reasonably necessary;the requirements shall be amended consistent with the requirements set forth above for comparable USE activities On-street parking along local commercial streets within the Pioneer Commercial Zone District shall count toward required off street parking requirements for uses within 200 feet. Section 7 Amendment of the PIONEER PUD Amendments to the approved Pioneer PUD Change of Zone can occur either as a "Minor Pioneer PUD Amendment," which shall be an administrative matter, or a "Major Pioneer PUD Amendment," which requires Planning Commission and Board of County Commissioner review and action. • Pioneer PUD PZ-1125 Page 36 • 7.10 Minor Pioneer PUD Amendments A. Minor PUD Amendment Defined This Pioneer PUD Change of Zone allows for modifications to the approved Pioneer PUD Change of Zone Plat and supporting materials administratively upon a finding by Weld County, at its sole discretion, that one or more of the following factors apply: 1. Modification of Planning Area boundaries to account for topography, roadway geometry and other minor dimensional variations provided that the acreage contained within each Planning Area is consistent (within one acre)with the approved acreages for the specific Planning Area shown of the approved Change of Zone Plat. 2. Modifications Required by County or Outside Referral Agencies as a result of more refined land use planning and infrastructure needs resulting in a different configuration of Planning Areas. 3. Density Transfer among Planning Areas shall be permitted as a minor amendment provided that all of the following factors are present: a. No single Planning Area may exceed 10 du/acre within Pioneer. . b. The Planning Area from which and to which the density is transferred must be identified and accounted for in a Density Transfer Tracking Table on all Final Plans. c. Each time a density transfer occurs, the developer shall submit a comprehensive chart"Density Transfer Tracking Table" summarizing the current status of densities within each Planning Area for review by the Planning Department. d. The maximum number of units that can be constructed within the entire Pioneer PUD shall not exceed the total number depicted on the approved Change of Zone plat. e. No density transfer resulting in increased density shall be permitted for the following Planning Areas: 54, 71, 72, 80, 81, and 82. f. No density transfer of greater than 15% of the approved Planning Area density of any single Planning Area may be approved administratively. B. Procedure for Administrative Amendments 1. All applications for a Minor PUD Amendment shall provide the following, • unless specifically waived by the Director of Planning: Pioneer PUD PZ-1125 Page 37 • a. A vicinity map with location of proposal identified. b. An amendment history including case numbers of previous amendments to the Pioneer PUD Change of Zone and detailed information regarding the change(s) proposed. The information shall include a detailed description of the original and proposed element. c. A draft plat, with graphic changes (if applicable), and changes to the Land Use Chart, depicting revised acreages. d. A note on the graphic stating "All other original terms, conditions and notes of the Pioneer Change of Zone approved on _will remain in full force and effect as previously executed by Owners and Weld County. 2. Upon receipt of a complete application for a Minor PUD Amendment, the Weld County Planning Department shall refer the request to all other applicable referral agencies for a 28-day review and comment period. At the same time the Planning Department may elect to refer the Minor Amendment request to adjacent property owners and registered homeowners associations for review and comment. Upon the expiration of the 28-day period, the Planning Department shall deliver all comments • back to the Applicant and the Applicant shall make any necessary changes to the request and resubmit for final Planning Department review. Upon resubmittal the Planning Department shall have 30 days to determine whether the Applicant has made the necessary changes to address the objective comments of the referral agencies. If in the determination of the Planning Department, the Applicant has addressed the comments, the Planning Department shall request mylars for execution and recording. If the Planning Department determines that the Applicant has failed to address objective comments, the Planning Department shall either approve the request as submitted or deny the request stating the reasons for the denial. In the event of a denial the Applicant has 30 days in which to appeal the Planning Department's denial to the Board of County Commissioners for a de-novo determination of the application request. 7.20 Major Pioneer PUD Amendments Any other amendment other than those specifically set forth above shall be considered major, and shall follow the applicable procedures of the County Code for Change of Zone applications. • Pioneer PUD PZ-1125 Page 38 • 6. The following items shall be addressed at the time of submittal of any Final Plan applications: A. Permanent restroom and hand washing facilities shall be provided within easy access of the public gathering areas. Describe the type and location of all permanent restroom and hand washing facilities available within easy access of public gathering areas. This shall be submitted at Final Plat application. (Department of Public Health and Environment) B. All planning areas, commercial areas, public facilities planning areas and school areas shall have direct trail connectivity. Provide a layout similar to the approved Sketch Plan documents demonstrating there is trail connectivity to all planning areas and school sites. This layout shall be submitted at Final Plat application. (Department of Public Health and Environment) C. Per the Colorado Geological Survey letter dated October 24, 2006, the applicant shall address how the recommendation for laboratory testing and analysis to develop foundation and floor system design criteria will be incorporated as development requirements. The applicant should identify conditions during development to ensure the construction of individual perimeter foundation drain systems, and formal notification of future homeowners to the potential nuisance factors associated with oil/gas facilities. (Colorado Geological Survey) D. Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the final plat. Easements shall follow rear and side lot lines and shall have minimum total width of twenty (20) feet apportioned equally on abutting properties. Where front line easements are required, a minimum of fifteen • (15)feet shall be allocated as a utility easement. (Department of Planning Services) E. The applicant shall submit to the Department of Planning Services a copy of the set of Covenants, Controls & Restrictions; commitment to serve documentation from the applicable Metropolitan District(s); the Law Enforcement Authority paperwork; and any Home Owners Association incorporation paperwork for Pioneer PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated. (Department of Planning Services) F. Prior to recording the Final Plat the applicant shall present a unanimous petition of all landowners and residents of the Pioneer PUD registered to vote in the State of Colorado thus qualifying the Development for inclusion into the Law Enforcement Authority (LEA) (if it has been created) or for creation of a separate Law Enforcement Authority (LEA) (if it was not created). A LEA is a taxing unit with a maximum mill levy of 7 mills created for the purpose of providing additional law enforcement by the county sheriff to the residents of the developed or developing unincorporated Weld County. The revenues would be available initially to provide directed patrols and eventually to provide additional deputies to carry out those activities within the LEA. This is intended to offset the demand for law enforcement generated by increased population densities. (Department of Planning Services) G. The applicant shall provide an Improvements Agreement for both Public and Private Improvements according to Policy Regarding Collateral for Improvements. This agreement must be reviewed by the Department of Public Works, the Department of Planning Services and shall be approved by the Board of County Commissioners. (Departments of Planning Services) • Pioneer PUD PZ-1125 Page 39 • H. The applicant shall submit a time frame for construction in accordance to Section 27-2- 200 of the Weld County Code. (Department of Planning Services) I. The applicant shall submit a deed for recording with the Final Plat to the Department of Planning Services providing that the open space and any mineral rights are deeded to the Metropolitan District, Homeowner's Association, or other applicable party. (Department of Planning Services) J. The applicant shall provide an Open Space / Landscape Plan per Section 24-3-50.G of the Weld County Code for review and approval with each Final Plat. (Department of Planning Services) K. The applicant shall provide additional information pertaining to the plant materials, including common, botanical and species names, size at installation and any additional information deemed necessary, if any. (Department of Planning Services) L. The applicant shall address the on-site landscape treatment, including the proposed uses associated with any agricultural outlot. (Department of Planning Services) M. The applicant shall submit a re-vegetation plan of all disturbed areas disturbed areas during construction. The plan shall include information regarding plant type, installation methods and maintenance. (Department of Planning Services) N. The applicant shall demonstrate how the proposed plant material will be watered. Furthermore, the applicant shall provide evidence that a tap from a water provider is permitted to provide irrigation water to the landscaped areas. (Department of Planning Services) • O. The Weld County Building Technician will provide addresses at the time of Final Plat. The subdivision street name and lot addresses shall be submitted to the Hudson and Southeast Weld Fire Protection District, the Weld County Sheriffs Office, Ambulance provider, and the Post Office for review. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) P. The applicant shall submit a digital file of all drawings associated with the Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) • Pioneer PUD PZ-1125 Page 40 ....PNPH4 c DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street • GR CO 80631 PHONE: (970) 353-61O03-61O0, Ext. 3540 ' FAX: (970) 304-6498 WI`Pc. COLORADO July 5, 2007 Pioneer Communities Inc. & H.P. Farms LLC Reutzel &Associates, LLC do Jack Reutzel, Esq 9145 E Kenyon Av, Ste 301 Denver CO 80237 Subject: PZ-1125- Request for a 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 on a parcel of land described as Part of Sections 4,5, 7, 8, 9, 17, and 18, T2N, R64W of the 6'P.M.;and Section 32,T3N, R64W of the 6'" P.M.; and Sections 11, 12, 13, 14, and 15,T2N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 16, 2007, at 1:30 p.m. This meeting will take place in the • Hearing Room,Southwest Weld County Planning Department,4209 CR 24.5,Longmont,Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Hudson and Keenesburg Planning Commission for their review and comments. Please call Hudson at 303-536-9311 and Keenesburg at 303-732-4281 for further details regarding the date, time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Hudson and Keenesburg Planning Commission meetings to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of fourteen days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, signs will be posted in the most prominent places on the property and at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. • Respectfully, Brad Mueller Planner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS October 1, 2007. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Brad Mueller, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR A CHANGE OF ZONE APPLICATION FROM THE "A" (AGRICULTURAL)ZONE DISTRICT TO A PUD DISTRICT (PZ-1125). Sv--4D M vz;L,c_ fZ Name of Person Posting Sign • Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) J The foregoing instrument was subscribed and sworn to me this c 3 day of D Weer , 200i WITNESS my hand and official seal.buitttr1/4 6 ccoic._ Notary Public BILLIE J. 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IIII WI a) Cr a) i: FIELD CHECK Inspection Date: September 14, 2007 • Applicant: Pioneer Communities Inc. & HP Farms LLC Case #: PZ-1125 Request: Change of Zone from Agriculture to PUD (Pioneer PUD) Legal: Various Location: In the vicinity of County Roads 22 and 49, north of Hudson & Keenesburg Parcel ID #: Various Acres: 5,073 +/- Zoning Land Use N A N Irrigated farmland (west) & dryland (east) E A E Dryland farms; Waste Management site S A S Irrigated farmland (west) & dryland (east) W A W Irrigated farmland Comments: • The site is characterized by fine, sandy soils and scrub vegetation, except in lower areas, which are irrigated and sustain crops. A north/south ridge runs east of County Road 49, while the majority of the site is generally flat. West of County Road 49, Box Elder Creek runs north-south, containing the active farming and generally defining the western edge of the proposed urban areas to the east. Box Elder Creek and a smaller tributary two miles to the east generally run dry. Signature X House(s) ❑ Derelict Vehicles X Outbuilding(s) o Non-commercial junkyard (list components) X Access to Property o Irrigation Sprinkler X Crop Productions X Crops X Site Distance ❑ Wetlands ❑ Mobile Home(s) X Oil & Gas Structures o Other Animals On-Site X Wildlife o Water Bodies X Utilities On-Site (transmission lines) X Ditch (roadside) X Topography • Hello