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ORDINANCE 89-J
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS, AND THE
ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, AS CURRENTLY AMENDED,
WELD COUNTY ZONING ORDINANCE, REVISING AND ADDING CERTAIN PROCEDURES,
TERMS, AND REQUIREMENTS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO:
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is
vested with the authority of administering the affairs of Weld County,
Colorado, and
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o WHEREAS, the Board of County Commissioners has the power and authority
0 under the Weld County Home Rule Charter and State Statute, including
Article 28 of Title 30, CRS, and Articles 65 and 67 of Title 24, CRS, to
ca adopt zoning and planned unit development regulations for the
o w unincorporated areas of the County of Weld, and
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o Ar WHEREAS, the Board of County Commissioners of Weld County, Colorado,
cc q has previously adopted Ordinance No. 89, Weld County Zoning Ordinance,
0 establishing a comprehensive revision of the zoning regulations and zoning
maps for the unincorporated areas of the County of Weld, and has adopted
i a amendments in Ordinances 89-A through 89-I, and
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o x WHEREAS, said Ordinance No. 89, as amended, is in need of revision and
cz clarification with regard to procedures, terms, and requirements therein.
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a V NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
. iz Weld County, Colorado, that certain sections of said Ordinance No. 89, as
W amended, are repealed and re-enacted, with amendments, and the addition of
d E certain sections as follows:
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N Repeal and Re-enact Section 28 to read:
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28 Procedures and Requirements of the PUD District
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N 'Z 28.1 Intent. This Section establishes the review and application
o p procedures and requirements for a Planned Unit Development Sketch
W a Plan, Change of Zone to a Planned Unit Development District, and
for a Planned Unit Development Plan. All proposed amendments and
rl N minor modifications to an approved Planned Unit Development plan
tiN shall be subject to the procedures stated in this Section. When
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applicable, the supplemental procedures of this Section shall
M 4, also apply. All applications for a Planned Unit Development
District shall comply with the provisions of Section 35. The
Planned Unit Development District shall be subject to the
requirements contained in Section 40, Supplementary District
Regulations, and Section 50, Overlay Districts.
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28.2 Preapplication Conference. Any person wanting to apply for a
Change of Zone to a Planned Unit Development District shall
arrange for a preapplication conference with the Department of
Planning Services. The applicant shall submit a planned unit
development sketch plan to the Department of Planning Services
for review, prior to the preapplication conference. The
applicant shall submit the required information as stated in this
section.
28.3 Sketch Plan Application Submittal.
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o 28.3. 1 The following completed information, data, and
N o maps are required:
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0 28.3.2 Written documents.
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0 3 28.3.3 The Planned Unit Development Sketch Plan
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application forms and application fee.
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% 28.3.4 A general statement describing the concept,
w land-use(s) , and architectural style of the
m a Planned Unit Development project.
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0o x 28.3.5 A general statement describing the size and type
a of any public and
a semi-public uses, ate open space and
pincluding parks, recreation
CO u areas, school sites, and similar uses.
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28.3.6 A general statement which describes: The
o EV approximate number and type of residential units,
a approximate number, floor area, height, and type
C w of business, commercial, and industrial buildings
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via, and structures. The approximate number and size
`O of any open storage areas. An estimate of the
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number of employees for the business, commercial
o and industrial uses.
w 28.3.7 A general statement describing the Planned Unit
a Development's source of water and type of system.
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H c0 23.3.8 A general statement describing the Planned Unit
'~ '" Development's type of sewer system.
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28.3.9 A general statement describing the Planned Unit
Development's vehicular circulation system of
local, collector, and arterial streets. The
general statement should include: width of road
rights-of-way, width of road surface, width of
borrow ditches, type of surface, off street
parking areas, loading zones, major points of
access to public rights-of-way, and notation of
proposed ownership of the circulation system,
public or private. (Design Standards for streets
are listed in the Weld County Subdivision
2
Regulations. Weld County road classifications are
listed in the Weld County Comprehensive Plan) .
28.3.10 A general statement describing any other proposed
circulation systems or trails, i.e. , pedestrian,
horse riding, runways, or taxiways.
28.3.11 A general statement describing the plan for
drainage and storm water management. Design
Standards for Storm Drainage are listed in the
Weld County Subdivision Regulations.
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M O 28.3.12 The soils classification and description of the
o classification for the subject site. This
information can be obtained from the Soil
o w Conservation Service.
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a % 28.3.13 A general statement describing any water courses,
q water bodies, and irrigation ditches within the
O Planned Unit Development site.
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28.3.14 A general statement describing any existing unique
features within the Planned Unit Development site,
o i.e. , oil wells, tank batteries, irrigation ditch
a headgates, railroad tracks, runways, buildings,
structures, easements, and rights-of-way.
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28.3.15 A general statement indicating whether or not any
N unique natural features exist on the Planned Unit
v [w+ Development site, i.e. , wildlife areas or
o a vegetative cover.
N 28.3.16 A general statement indicating whether any
`" rz commercial mineral deposits are on the Planned
z Unit Development site.
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28.3. 17 A general statement describing any flood plain,
w geological hazard, and airport overlay district
a areas within the Planned Unit Development site.
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w, cq 28.3.18 A general statement which describes the
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surrounding land-uses within one-half (1/2) mile
al w of the Planned Unit Development site.
28.3. 19 A general description of the landscaping plan for
the Planned Unit Development site.
28.3.20 A general description of the proposed treatment of
the perimeter of the Planned Unit Development
site, including materials and techniques to be
used, such as screens, fences, walls, berms, and
other landscaping.
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28.3.21 Sketch Plan Site Map
28.3.22 A drawing of the Planned Unit Development project
at a scale of one inch (1") equals one hundred
feet (100') , or one inch (1") equals two hundred
feet (200') , composed of one or more sheets with
an outer dimension of twenty-four (24 by
thirty-six (36) inches, showing the following
information:
28.3.23 Name of the Planned Unit Development project.
M ov 28.3.24 Legal description of the Planned Unit Development
o site.
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28.3.25 Contour lines at ten (10) foot intervals.
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28.3.26 Scale and north arrow.
o rz 28.3.27 The proposed location of land-uses, including
` w approximate acreage, gross density, number and
o height of each type of residential unit; and
u approximate floor area, height, and type of
business, commercial, and industrial buildings and
structures.
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28.3.28 The proposed vehicular traffic circulation system.
COC U 28.3.29 The proposed location of any other circulation
HZ system or trails.
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v F 28.3.30 The location of any existing unique features
o a within the Planned Unit Development project, i.e. ,
oil wells, tank batteries, irrigation ditches,
r W water bodies, railroad tracks, easements,
rights-of-way, etc.
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N 1,4 28.3.31 The approximate location of any proposed existing
landscape features.
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aw 2.8.3.32 The general location of any flood plain,
rn geological hazard, and airport overlay districts
n N within the Planned Unit Development project.
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g w 28.3.33 Vicinity Map.
28.3.34 The vicinity map shall be drawn at a scale of one
inch (1") equals six hundred feet (600') , composed
of one or more sheets with an outer dimension of
twenty-four (24) by thirty-six (36) inches showing
the following items:
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28.3.35 Existing zone districts within one-half (1/2) mile
of the boundaries of the Planned Unit Development
project.
28.3.36 The existing uses within one-half (1/2) mile of
the boundaries of the Planned Unit Development
project.
28.3.37 The existing street and highway system within
one-half (1/2) mile of the boundaries of the
'n o Planned Unit Development project.
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28.4.1 Preapplication Conference. A Planned Unit
to U Development Sketch Plan shall be submitted prior
q to a submittal of a Planned Unit Development
District change of zone application. The
o 3 Department may take up to thirty (30) days for its
o W review of the Planned Unit Development Sketch
v Q Plan. After its review, the Department of
Planning Services shall arrange a preapplication
o conference between the applicant and the
Department. The purpose of the conference shall
M be to acquaint the Department with the proposed
Planned Unit Development and to familiarize the
applicant with the change of zone to a Planned
Unit Development District and the Planned Unit
m v Development procedures. The Department shall be
responsible for advising the applicant of any
N H problems discovered during the review of the
C Planned Unit Development Sketch Plan.
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28.5 PUD District Application Submittal. The following completed
N information, data, and maps are required for a Planned Unit
d G Development change of zone district.
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N < 28.5.1 Written Documents.
u a 28.5.2 The PUD District application forms and application
Wa fee.
Lo 28.5.3 A statement describing the proposed PUD Concept,
rim land-use(s) , and architectural style of the PUD.
q 28.5.4 A statement which demonstrates the proposed PUD
rezoning is consistent with the policies of the
Weld County Comprehensive Plan.
28.5.5 A statement which demonstrates how the USES
allowed by the proposed PUD rezoning will be
compatible within the PUD District. In addition,
a detailed description of how any conflicts
between land-uses within the PUD District are
being avoided or mitigated and can comply with
Section 35.3
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28.5.6 A statement which demonstrates how the USES
allowed by the proposed PUD rezoning will be
compatible with land-use surrounding the PUD
District. In addition, a detailed description of
how any conflicts between land-uses surrounding
the PUD District are being avoided or mitigated.
28.5.7 A description of each business within the PUD. A
description of all buildings, structures, and open
storage areas, including size, floor area, and
height. A description of the type of residential
Cr) Ci units within the PUD, including number of units.
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Lo O 28.5.8 A description of the size and type of any public
0 and private open space and semi-public uses,
ca including parks, recreation areas, school sites,
o w fire and sheriff substations, and similar uses.
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o a 28.5.9 A description of the water source and system and a
statement from the representative of the provider
O of the water system which demonstrates that the
u water supply quality and quantity is sufficient to
a meet the requirements of the uses within the PUD
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- District. A PUD district with residential USES
..
o shall be served by a PUBLIC WATER system.
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a 28.5.10 A description of the sewage disposal facility. If
O7 the facility is a sewer system, a statement from
Z the representative of the provider of the sewer
w system utility which demonstrates that the
d H disposal system will adequately serve the uses
0 a within the PUD District.
N
'- w 28.5.11 A description of the functional classification,
w width and structural capacity of the STREET and
a z highway facilities which provide access to the PUD
N < District. If the street or highway facilities
U a providing access to the PUD District are not
adequate to meet the requirements of the proposed
district the applicant shall supply information
r� N which demonstrates the willingness and financial
ri co capability to upgrade the STREET or highway
facilities in conformance with the Transportation
Gq Section of the Weld County Comprehensive Plan.
This shall be shown by submitting, with the
Planned Unit Development District application, a
separate improvements agreement describing the
proposed road improvements and method of
guaranteeing installation of said improvements in
conformance with the Weld County Policy on
Collateral for Improvements. The agreement shall
be used for the purposes of review, evaluation,
and compliance with this section. No rezoning
shall be finally approved by the Board of County
6
Commissioners until the applicant has submitted an
improvements agreement or contract which sets
forth the form of improvements and guarantees and
is approved by the Board of County Commissioners.
28.5.12 A soil survey and study of the site proposed for
the change of zone with a statement regarding
suitability of soils to support all USES allowed
in the proposed zone. If the soils survey and
study indicate soils which present moderate or
severe limitations to the construction of
STRUCTURES or facilities on the site, the
applicant shall submit information which
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demonstrates that the limitations can be overcome.
o This information will be forwarded to the Colorado
r- p Geological Survey for evaluation.
ca 28.5.13 If, according to maps and other information
o W available to Weld County, the Department of
0 3 Planning Services determines that there appears to
o c4 be a sand, gravel, or other mineral resource on or
to-qw under the subject property, the applicant shall
Oprovide a mineral resource statement prepared by a
certified geologist or other qualified expert.
r a The statement shall indicate the estimated
en quantity of resources and indicate the economic
o feasibility of recovery, now and in the future, of
the resources so that the Planning Commission and
Board of County Commissioners can determine
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co U whether a COMMERCIAL MINERAL DEPOSIT, as defined
z in 34-1-305(1) Colorado Revised Statutes is
H contained on or under the subject properties.
e H This information will be forwarded to the Colorado
o a Geological Survey for evaluation.
N w 28.5. 14 If the proposed change of zone is located within a
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Ga FLOOD HAZARD AREA, identified by maps officially
o Z adopted by Weld County, the applicant shall submit
N < information which either documents how the Weld
County Supplementary Regulations concerning Flood
L) a Plains have been satisfied or documents how the
applicant intends to meet the requirements of the
en m Weld County Supplementary Regulations concerning
• N flood plains.
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w w 28.5.15 If the proposed change of zone is located within a
GEOLOGIC HAZARD AREA identified by maps officially
adopted by Weld County, the applicant shall submit
information which either documents how the Weld
County Supplementary Regulations concerning
Geologic Hazards have been satisfied, or documents
how the applicant intends to meet the requirements
of the Weld County Supplementary Regulations
concerning Geologic Hazards.
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28.5.16 A sign shall be posted on the property under
consideration for PUD Rezoning. The sign shall be
posted by the applicant, who shall certify that
the sign has been posted for at least ten (10)
days preceding the hearing date. The sign shall
be provided by the Department of Planning
Services.
28.5.17 A certified list of the names, addresses and the
N o corresponding Parcel Identification Number
en C.) assigned by the Weld County Assessor of the owners
of property (the surface estate) within five
O U hundred (500) feet of the property subject to the
application. The source of such list shall be the
records of the Weld County Assessor, or an
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ownership update from a title or abstract company
or attorney, derived from such records, or from
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to- w the records of the Weld County Clerk and Recorder.
If the list was assembled from the records of the
u Weld County Assessor, the applicant shall certify
w that such list was assembled within thirty (30)
✓ days of the application submission date.
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x 28.5.18 A certified list of the names and addresses of
mineral owners and lessees of mineral owners on or
r a under the parcel of land being considered. The
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source of such list shall be assembled from the
2 records of the Weld County Clerk and Recorder, or
w from an ownership update derived from such records
o CO of a title or abstract company or an attorney,
derived from such records.
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▪ w 28.5.19 Such additional information as may be required by
2 the Department of Planning Services, the Planning
N Commission or the Board of County Commissioners in
order to determine that the application meets the
U a goals, policies, and standards set forth in this
W < ordinance and the Weld County Comprehensive Plan.
°' 28.5.20 Planned Unit Development District Plat
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~ 28.5.21 A PUD District plat shall be delineated in drawing
w w ink on mylar (not sepias) at a scale of one inch
(1") equals one hundred feet (100') or one inch
(1") equals two hundred feet (200') , composed on
one or more sheets with an outer dimension of
twenty-four (24) by thirty-six (36) inches,
showing the following information:
28.5.22 Certified boundary and tract survey of the parcel
under consideration showing all bearing and
distances outside the perimeter boundary lines or
along tract boundary lines. The closure error of
the survey may not exceed 1:5,000.
8
28.5.23 Legal description, including total area involved,
as certified by the surveyor.
28.5.24 Title, scale, and north arrow.
28.5.25 Date of drawing.
28.5.26 The following certificates shall appear on the
map:
M v 28.5.27 Surveyor's certificate.
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o O 28.5.28 Planning Commission certificate.
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28.5.29 Board of County Commissioner's certificate.
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0 28.5.30 The proposed location of land-uses by block,
o a including block size in acres, gross density,
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number, and height of each type of residential
p unit; approximate floor areas, height, and type of
U businesses, commercial, and industrial uses; and
a the location of common open areas, i.e. , public
parks, school sites, and similar uses.
0
~ W 28.5.31 The proposed location of the traffic circulation
N system, including road classification,
m v right-of-way width, road surface width, and access
-ii z to public rights-of-way.
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"' E" 28.5.32 The location of any existing easements,
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rx rights-of-way, structures, and uses within the PUP
N District including, oil wells, tank batteries,
^ W irrigation ditches, water bodies, railroad tracks
or dwellings.
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< 28.5.33 The proposed location of any other circulation
systems or trails within the PUD District.
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a Z 28.5.34 Planned Unit Development District Vicinity Map
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ti CO 28.5.35 A PUD District Vicinity Map shall be delineated in
drawing ink on mylar (not sepias) at a scale of
r=, one inch (1") equals two hundred feet (200') ,
composed of one or more sheets with an outer
dimension of twenty-four (24) by thirty-six (36)
inches, showing the following information.
28.5.36 An outline of the perimeter of the proposed PUD
District.
28.5.37 Title, scale, and north arrow.
28.5.38 Contour lines at ten (10) foot intervals.
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28.5.39 The identification of all zone districts within
one-half (1/2) mile of the boundaries of the
Planned Unit Development District.
28.5.40 The identification of all uses within one-half
mile of the boundaries of the Planned Unit
Development District.
28.5.41 The existing street and highway system within
one-half (1/2) mile of the boundaries of the PUD
N o District, including road classification,
M U right-of-way width, and road surface width.
ti U 28.5.42 The location of any mineral resource areas within
the proposed PUD district.
a
0 3 28.5.43 The location of any GEOLOGICAL HAZARD areas within
• x the proposed PUD district.
28.5.44 The location of any Flood Hazard Area within the
V proposed PUD district.
~ a 28.5.45 The location of on-site detention areas to be
incorporated in the storm drainage systems,
including notes indicating the approximate area
and volume of the facility.
a
CO CJ 28.5.46 The location of any drainage ways within the
N H proposed PUD district.
U) 28.5.47 The location and identification of any landscaping
plans for the perimeter of the proposed PUD
N district.
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E7.4
28.6 Duties of the Department of Planning Services. The Department of
N Z Planning Services shall be responsible for processing all
applications for a Change of Zone to Planned Unit Development
U District. The Department shall have the responsibility to ensure
a Z that all application procedures and requirements are met prior to
any official action. The duties of the Department shall be:
M N
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a 28.6.1 Planned Unit Development Rezoning Application.
~ Upon determining that the change of zone to a PUD
M w District application meets the submittal
requirements of Section 28.5, the Department of
Planning Services shall institute the change of
zone procedures in Section 21 .4 of this Ordinance.
28.6.2 The Department of Planning Services shall provide
a recommendation to the Planning Commission
concerning the disposition of the requested change
of zone to PUD District.
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28.7 Duties of the Planning Commission. The Planning Commission shall
hold a public hearing to consider an application for a change of
zone to a Planned Unit Development District.
28.7.1 Change of Zone to a PUD District.
28.7.2 The Planning Commission shall hold a hearing to
consider the application for the change of zone to
a PUD District. The Supplementary District
Regulations, Section 40, and the Overlay
Districts, Section 50 when applicable, may also be
reviewed concurrently. The Planning Commission
shall provide recommendations to the Board of
County Commissioners concerning the disposition of
the requested change. Such recommendations shall
O be made within sixty (60) days of the initial
o u hearing date. The Planning Commission shall
O recommend approval of the request for the change
u of zone of a Planned Unit Development District
O unless it finds that the applicant has not met one
o W or more of the applicable requirements or
conditions of Sections 28.7.2, 28.5, and 28.13.
o ° The applicant has the burden of proof to show that
to w the standards and conditions of Sections 28.7.2,
0 28.5, and 28.13 are met. The applicant shall
o demonstrate:
28.7.3 That the proposal is consistent with the Weld
o County Comprehensive Plan.
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28.7.4 That the USES which would be allowed in the
▪ I-1
co u proposed Planned Unit development District will
conform with the Performance Standards of the
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Planned Unit Development District contained in
�r E� Section 35.3 of this Ordinance.
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N ] 28.7.5 That the USES which would be permitted shall be
compatible with the existing or future DEVELOPMENT
v. e" of the surrounding area as permitted by the
O 2 existing zoning, and with the future DEVELOPMENT
N < as projected by the COMPREHENSIVE PLAN or MASTER
PLANS of affected municipalities.
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a28.7.6 That adequate water and sewer service will be made
M N available to the site to serve the USES permitted
LC) CO within the proposed Planned Unit Development
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District. A PUD district with residential USES
w shall be served by a PUBLIC WATER system.
28.7.7 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 zone district.
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In the event that the STREET or highway facilities
are not adequate, the applicant shall supply
information which demonstrates the willingness and
financial capability to upgrade the street or
highway facilities in conformance with the
Transportation Section of the Weld County
Comprehensive Plan.
This shall be shown by submitting, with the PUD
District application, a separate proposal for
N off-site road improvements. This proposal shall
m u describe, in detail, the type of off-site road
improvements to determine if the requirement for
STREET or highway facilities providing access to
ri
the property has been satisfied. The method of
Aguaranteeing the installation of proposed off-site
0 road improvements shall be described as part of
any off-site road improvement proposal. The
• wmethod of guarantee shall conform with Weld
aCounty's policy regarding Collateral for
o Improvements.
M cz An off-site road improvement proposal shall be
used for the purpose of determining compliance
ro x with this section.
✓ a 28.7.8 That there has been compliance with the applicable
co• u requirements contained in Section 21.5.1.5 of this
Z Ordinance regarding overlay districts, commercial
N H
mineral deposits, and soil conditions on the
o subject site.
C28.7.9
28.7.9 The Secretary of the Planning Commission shall
d [v forward the official recommendation of the
Planning Commission and the information contained
0 2Z in the official record, which includes the
Department of Planning Services case file, to the
u a Board of County Commissioners within ten (10) days
wW after said recommendation has been made.
m m 28.7. 10 If the Planning Commission recommendation is
in m
,i m conditional upon the applicant completing certain
specified items p prior to the publication of the
m w notice for the hearing by the Board of County
Commissioners, then the ten (10) day period shall
commence upon submission of the items by the
applicant to the Department of Planning Services.
28.8 Duties of the Office of the Board of County Commissioners. The
Board of County Commissioners shall hold a public hearing to
consider an application for a change of zone to a Planned Unit
Development District. The Board shall not approve any PUD
application without written consent of the landowners whose
properties are included within the PUD District.
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28.8. 1 Change of Zone to a PUD District
28.8.2 Upon receipt of the Planning Commission's
recommendation, the Office of the Board of County
Commissioners shall institute the procedures
contained in Section 21.6.1 of this Ordinance.
28.8.3 The Board of County Commissioners shall hold a
public hearing to consider the application and to
take final action thereon. The Board shall make a
decision on the application within sixty (60) days
m O of the initial hearing date. In making a decision
o on the proposed change of zone, the Board shall
ri O consider the recommendation of the Planning
- V Commission, and from the facts presented at the
a public hearing and the information contained in
o W the official record, which includes the Department
o 3 of Planning Services case file. The Board of
o tx County Commissioners shall approve the request for
a1 the change of zone to a Planned Unit Development
o District unless it finds that the applicant has
✓ not met one or more of the applicable requirements
a or conditions of Sections 28.5, 28.8.3, and 28.13.
The applicant has the burden of proof to show that
o the standards and conditions of Sections 28.8.3,
'i 28.5, and 28. 13 are met. The applicant shall
demonstrate:
m V
Z 28.8.4 That the proposal is consistent with the Weld
N H County Comprehensive Plan.
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28.8.5 That the USES which would be allowed on the
subject property will conform to the Performance
N
N W Standards of the Planned Unit Development District
-I. 44 contained in Section 35.3 of this Ordinance.
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N < 28.8.6 That the USES which would be permitted shall be
compatible with the existing or future DEVELOPMENT
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o g of the surrounding area as permitted by the
a existing zoning, and with the future DEVELOPMENT
an Cr as projected by the COMPREHENSIVE PLAN or MASTER
u, M PLANS of affected municipalities.
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G. 28.8.7 That adequate water and sewer service will be made
available to the site to serve the USES permitted
within the proposed zone district. A PUD district
with residential USES shall be served by a PUBLIC
WATER system.
28.8.8 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 zone district.
13
In the event that the STREET or highway facilities
are not adequate, the applicant shall supply
information which demonstrates the willingness and
financial capability to upgrade the street or
highway facilities in conformance with the
Transportation Section of the Weld County
Comprehensive Plan.
m p This shall be shown by submitting, with the PUD
mu District application, a separate proposal for
off-site road improvements. This proposal shall
r describe, in detail, the type of off-site road
to improvements to determine if the requirement for
o ra STREET or highway facilities providing access to
0 3 the property has been satisfied. The method of
o a guaranteeing the installation of proposed off-site
u}wn road improvements shall be described as part of
any off-site road improvements proposal. The
0 method of guarantee shall conform with Weld
County's policy regarding Collateral for
Improvements.
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a An off-site road improvement proposal shall be
a used for the purpose of determining compliance
- Ur. with this section.
H 28.8.9 That there has been compliance with the applicable
w requirements contained in Section 21.6.2.5 of this
o a Ordinance regarding overlay districts, commercial
mineral deposits, and soil conditions on the
(N o subject site.
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28.8.10 Upon the BOARD making its final decision, a
Z resolution setting forth that decision shall be
o drafted and signed. A record of such action and a
u a copy of the resolution will be kept in the files
a of the Clerk to the Board.
m M 28.8.11 The Board shall arrange for the Office of the Weld
r' co County Clerk and Recorder to record the resolution
and, if the proposed change of zone to a Planned
m Unit Development is approved, the rezoning plat.
28.8.12 The change of zone to a Planned Unit Development
District shall be immediate upon the voting by the
Board. However, no building permits shall be
issued and no DEVELOPMENT started within a PUD
District until a PUD Plan is adopted and recorded
by the Department of Planning Services.
28.9 Planned Unit Development Plan Application Submittal
28.9.1 An applicant may submit an application for a PUD
Plan provided that the Planned Unit Development
14
Plan is located within an existing Planned Unit
Development District. A Planned Unit Development
Plan may encompass all or part of a Planned Unit
Development District. The uses shall be identical
to those located and described on the Planned Unit
Development District plat.
28.9.2 The following completed information, data, and
maps are required unless waived by the Department
of Planning Services.
MU
28.9.3 Written Documents
in o
28.9.4 A copy of a certificate of title issued by a title
A insurance company or an attorney's opinion of the
o 3 title which shall set forth the names of all
owners of property included in the PUD Plan. The
m o list shall include all mortgages, judgements,
o liens, easements, contracts, and agreements of
o record in Weld County which shall affect the
property in the Planned Unit Development Plan. If
M a the attorney's opinion or certificate of title
discloses any of the above then the holders or
x owners of such mortgages, judgements, liens,
easements, contracts, or agreements shall be
✓ required to join in and approve the application
before the Planned Unit Development Plan shall be
HZ acted upon by the Board.
N H
\W
E 28.9.5 A certificate of title or an abstract of title
o (1)
covering all PUBLIC dedications. When the
N p applicant is to dedicate land for schools, roads,
✓ w parks, or other PUBLIC purposes, a letter of
intent from the appropriate PUBLIC agencies
N stating that the dedicated lands will be accepted.
a28.9.6 A warranty deed or other suitable document ready
a r� to execute which deeds to the appropriate PUBLIC
£ body all lands other than STREETS which are to be
M held for or used for PUBLIC purposes.
l(l
ri CO
�' ~ 28.9.7 Certificate from the County Treasurer showing no
w w delinquent taxes on the property of the proposed
PUD Plan.
28.9.8 Certificate from a qualified engineer responsible
for the design of the utilities.
28.9.9 Copies of all deed restrictions, including those
required by the Board of County Commissioners to
govern the future use of all land in the Planned
Unit Development site.
15
28.9.10 An Improvement Agreement According Policy
Regarding Collateral for Improvements. This form
is provided by the Weld County Department of
Planning Services. The applicant must complete
this form to show the improvements that the
applicant is required to construct and the type of
collateral which will guarantee installation of
improvements.
If street or highway facilities providing access
to the property were determined adequate at the
M o PUD District application stage because the
c) applicant proposed separate off-site road
ko o improvements in order to comply with Section
u 28.8.8 of this ordinance, the following shall be
submitted.
a
ow
A separate off-site road improvements agreement
m proposal. The off-site road improvement proposal
shall describe, in detail, the type of off-site
o road improvements to determine if the requirement
for STREET or highway facilities will be adequate
r4 P4 in functional classification, width, and
structural capacity to meet the traffic
rig requirements of the proposed zone district. The
a method of guaranteeing the installation of
r� U off-site road improvements shall be described as
part of the agreement. The method of guarantee
2 shall conform with Weld County's policy regarding
Collateral for Improvements.
E+
0 V
W 28.9.11 A statement which summarizes the total area of the
N PUD Plan. This includes the total number of
buildings and STRUCTURES of a particular type
expressed in units. The total amount of
o Z commercial and industrial floor space in square
No < feet. The total number of off-street parking
v a spaces, open storage areas and loading areas in
a square feet. Any other information or supporting
documents requested by the Department of Planning
M '- Services which summarizes the total area of the
oMo Planned Unit Development Plan.
w 28.9.12 A statement describing how each BUILDING and
STRUCTURE will be used or operated. This includes
the volume of business expected to be conducted at
any commercial or industrial establishment, the
hours of business of those establishments, the
number of employees expected to work in any
commercial or industrial establishment, the number
of DWELLING UNITS in each BUILDING, the number of
parking spaces, and any other information which
would assist in determining the USES of the
BUILDINGS and STRUCTURES and the compatibility of
16
those USES within and adjacent to the Planned Unit
Development.
28.9.13 A statement which describes any proposed
treatment, buffering or SCREENING between USES,
BUILDINGS or STRUCTURES in order to achieve
compatibility. A statement which describes the
proposed treatment of the perimeter of the PUD,
including materials and techniques used, such as
screens, fences, walls, berms, and other
rn � landscaping.
N 0 28.9.14 A statement concerning the location and the
~ v intended use of all public and private open space
and semi-public uses including parks, recreation
o areas, school sites, and similar uses.
o
o a 28.9.15 A statement detailing how any common open space
awill be owned, preserved, and maintained in
0 perpetuity.
U
a 28.9. 16 A copy of all covenants, grants of easements or
rn M restrictions to be imposed upon the use of the
x land, BUILDINGS, and STRUCTURES.
N
28.9.17 A Planned Unit Development Plan construction
m U schedule showing the approximate dates when
ti 2 construction of the DEVELOPMENT is proposed to
start and finish. This shall describe the stages
c E in which the DEVELOPMENT will be constructed, and
om
the number of BUILDINGS or STRUCTURES, and the
N p amount of COMMON OPEN SPACE to be completed at
N w each stage.
w
o z 28.9.18 A statement describing the method of financing for
N r the Development. The statement shall include the
0 a estimated construction cost and proposed method of
w financing of the street and related facilities,
x water distribution system, sewage collection
m co system, flood plain protection, storm drainage
rn m facilities, and such other facilities as may be
necessary.
W
28.9. 19 When a proposed STREET intersects a state highway,
a copy of the state highway permit shall be
provided.
28.9.20 A copy of agreements signed by agricultural
irrigation ditch companies specifying the agreed
upon treatment of any problems resulting from the
location of the ditch.
28.9.21 Geologic maps and investigation reports regarding
area suitability for the proposed PUD DEVELOPMENT.
17
The maps and reports will be furnished to
representative of the Colorado Geological Survey
Division for review and evaluation.
28.9.22 A certified list of the names, addresses and the
corresponding Parcel Identification Number
assigned by the Weld County Assessor of the owners
of property (the surface estate) within five
hundred (500) feet of the property subject to the
inc application. The source of such list shall be the
records of the Weld County Assessor, or an
o ownership update from a title or abstract company
v or attorney, derived from such records, or from
the records of the Weld County Clerk and Recorder.
o W If the list was assembled from the records of the
o 3 Weld County Assessor, the applicant shall certify
o a that such list was assembled within thirty (30)
to- w days of the application submission date.
a
O 28.9.23 A certified list of the names and addresses of
V
mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The
w source of such list shall be assembled from the
r x records of the Weld County Clerk and Recorder, or
from an ownership update from a title or abstract
co
r company or an attorney derived from such records.
co
H 28.9.24 A sign shall be posted on the property under
N consideration for the Planned Unit Development
o a Plan. The sign shall be posted by the applicant,
who shall certify that the sign has been posted
N
N for at least ten (10) days preceding the hearing
d k+ date. The sign shall be provided by the
rn z Department of Planning Services.
oz
N
o 28. 10 Illustrations.
W
28.10. 1 Illustrations of the proposed architectural style
for the Planned Unit Development. The
co al
in nn illustrations shall show layout, profile,
co computations, and design detail of all BUILDINGS
W and STRUCTURES. In addition, the materials,
color, scale, and coordination of buildings and
structures with surrounding land-uses shall be
described. The design objectives of the PUD plan
and architectural style must be clear and
supported by a written statement.
28.11 Maps.
28.11.1 A utility plan map shall consist of a drawing of
the Planned Unit Development project at a scale of
one inch (1") equals one hundred feet (100') or
one inch (1") equals two hundred feet (200')
18
composed of one or more sheets with an outer
dimension of twenty-four (24) by thirty-six (36)
inches showing the following information:
28.11.2 A utility plan showing the easements for water,
sewer, electric, gas, telephone, and any other
utilities within the PUD. Easements shall be
designed to meet the Weld County Subdivision
Regulations for easement standards.
28. 11.3 A utility service statement block shall appear on
the map. The block shall identify each special
vi district, municipality, or utility company
mu intended to service the Planned Unit Development.
The block shall include:
U 28.11.4 The name of the utility.
Ca
a
0 1 28. 11.5 A dated signature and statement from the utility's
representative indicating one of the following:
o (1) Service is available, (2) service is available
ca subject to specific conditions, or (3) service is
U not available for the Planned Unit Development.
In the event number (2) is indicated, the specific
el W condition shall be described.
M
.. W
ri
x 28.11.6 Plans, profiles and typical cross section drawings
of STREETS, bridges, culverts, and all drainage
n a detention areas and STRUCTURES. These STREETS,
bridges, culverts and other drainage STRUCTURES
▪ z shall be designed and constructed to meet the
W requirements of the Official Weld County
4424E-1 Construction Standards and the Official Weld
o
County Subdivision Regulations. Pavement design
<N computations and drainage design computations
• w shall also be submitted in accordance with the
LO rn z Weld County Subdivision Regulations.
oz
• r4 28.11.7 A grading and drainage plan map shall consist of a
c: a drawing of the Planned Unit Development District
w and project at a scale of one inch (1") equals one
a hundred feet (100') or one inch (1") equals two
m o hundred feet (200') composed of one or more sheets
inter
,-i CO with an outer dimension of twenty-four (24) by
thirty-six (36) inches showing the following
22 information:
28.11.8 A grading and drainage plan indicated by solid
line contours superimposed on dashed line contours
of existing topography for the area of the Final
Plat. Such contours shall be at two (2) foot
intervals for predominant ground slopes within the
tract between level and five percent (5%) grade
and five (5) foot contours for predominant ground
19
slopes within the tract over five percent (5%)
grade.
28.11.9. All watercourses on the property must be shown.
In addition all Flood Hazard areas must be
delineated.
28.11.10 All drainageways, streets, arroyos, dry gullies,
diversion ditches, spillways, reservoirs, etc. ,
rrn which may be incorporated into the stormwater
management system for the Planned Unit Development
00 shall be designated.
ca 28.11.11 All irrigation ditches and laterals shall be
o w shown.
O 3
• W 28.11.12 All required on-site detention areas, including
a notes indicating the area and volume of the
p facility.
rig 28.11 .13 All plans shall indicate the proposed outlet for
the storm drainage from the property, including
x the name of the drainageway (where appropriate) ,
the downstream conditions, and any downstream
r 4 restrictions.
o
Z 28.11. 14 Drainage design computations shall be submitted in
---- (j accordance with the Weld County Subdivision
P Regulations.
w
N 28.11.15 A landscape plan map shall consist of a drawing of
w the PUD District and PUD Plan at a scale of one
-44 w inch (1") equals one hundred feet (100') or one
mo 2 inch (1") equals two hundred feet (200') composed
N 4 on one or more sheets with an outer dimension of
o a twenty-four (24) by thirty-six (36) inches showing
w 4 the following information:
g
en .-i 28.11 .16 A landscape plan indicating the treatment of
al co exterior spaces. The design objective of the plan
must be clear and supported by a written
m w statement. The plan must provide an ample
quantity and variety of ornamental plant species
which are regarded as suitable for this climate.
Landscape treatment must be balanced with both
evergreen and deciduous plant material with
sufficient use of upright species for vertical
control. Plant material selection will be
reviewed for adaptability to physical conditions
indicated by site plan locations. The landscape
plan shall include the following:
28. 11. 17 Extent and location of all plant materials and
other landscape features. Plant material must be
20
identified by direct labeling on the plant or by a
clearly understandable legend.
28.11.18 Flower and shrub bed definition must be clear and
drawn to scale with dimensions.
28.11.19 Species and size of existing plant materials.
28.11.20 Proposed treatment of all ground surfaces must be
clearly indicated (paving, turf, gravel, grading,
m u etc.) .
0
0 28. 11.21 Location of water outlets. If areas of planting
cm
u are extensive, plans for an underground sprinkler
system or suitable alternative will be required.
0
ow
0 3 28.11.22 Plant material schedule with common and botanical
a names, sizes, quantities, and method of
in-41
transplant. Plants must be sized according to the
0 following table:
U
W
Type Size..
x Standard deciduous
wtrees 1-3/4" to 2" caliper
r--
co u Small ornamental and
1 z flowering trees 1-1/2" to 1-3/4" caliper
N H
� W
H Evergreen trees 5' to 6' in height
cn
N Shrubs Adequate size to be
N w consistent with design
2 intent
04
N 4 28.11 .23 All plant material must meet specifications of
0
a the American Association of Nurserymen (AAN) for
u
g number one grade. All trees must be balled and
x burlaped or the equivalent.
M
co
28.11 .24 No building permit shall be issued for any
' building or any portion of a Planned Unit
m ii. Development until the landscaping required by
the landscape plan map is in place or an
Improvements Agreement which complies with the
requirements in the Official Weld County
Subdivision Regulations has been executed,
guaranteeing said landscaping.
28.11.25 Final Planned Unit Development Plat shall be
prepared according to the following submission
requirements. This map shall be in drawing ink
on mylar or other material acceptable to the
Department of Planning Services. The dimensions
21
of the map shall be thirty-six (36) inches wide
by twenty-four (24) inches high, and prepared at
a scale of one inch (1") equals one hundred feet
(100') or one inch (1") equals two hundred feet
(200') composed of one or more sheets showing
the following information:
28. 11.26 Title, scale, north arrow, PUD Plan application
number and name. The date of the drawing with
to M Ou adequate space for revision dates.
N O 28.11.27 Legal description including total area involved
N u as certified by the surveyor, and name and
address of owner of record.
ow
0 3 28.11.28 Outline of the proposed PUD Plan's perimeter,
wand a certified boundary and lot survey of the
parcel under consideration, showing all bearings
and distances outside the perimeter boundary
wlines or along the lot boundary lines. When the
r a parcel is bounded by an irregular shore line or
M a body of water, the bearings and distances of a
closing meander traverse should be given and a
notation made that the plat includes all land to
the water's edge or otherwise. On curved
m V boundaries and all curves on the plat,
z sufficient data shall be given to enable the
N H re-establishment of the curves on the ground.
This curve data shall include the following for
o w circular curves: (1) radius of curve, (2)
central angle, (3) tangent, (4) arc length, and
N w (5) notation of nontangent curves.
w
o z 28.11.29 Lot area in square feet or acres if larger than
one (1) acre, lot and blocks delineated and
o „ numbered consecutively, existing and proposed
u x future street layout in dashed lines and
a existing streets in solid lines for any portion
mm of adjacent land not subject to the current
n <r Planned Unit Development Plan Application.
m
28.11.30 Location and description of uses by block or
lot, if different uses are located within the
block.
28.11.31 Location, description, and dimensions of all
proposed and existing commercial, industrial,
and office buildings, structures, open storage
areas, streets, parking lots, common open space,
signs, lighting, advertising devices, and any
other development, improvement or feature within
the PUD Plan's boundary.
22
28.11.32 Location and description of FLOOD and GEOLOGIC
HAZARD AREAS.
28.11.33 Location and description of proposed SCREENING,
buffering, and LANDSCAPING.
28.11.34 Location and description of proposed sites to be
reserved or dedicated for parks, playgrounds,
schools, and other public USES.
28.11.35 Location, description and dimensions of all
„) a existing and proposed utilities, easements,
rn U rights-of-way, waterways and other drainage
0
systems, and any other significant features, as
N determined by the Department of Planning
ca Services.
0 3 28.11.36 Parcels not contiguous shall not be included in
o a one plat, nor shall more than one (1) plat be
v} w made on the same sheet. Contiguous parcels
owned by different parties may be embraced in
O one (1) plat, provided that all owners join in
the dedication and acknowledgement.
•• 28. 11.37 The following certificate blocks shall appear on
the plat and shall be completed at the
appropriate time. The certificates required are
r o a surveyor's certificate; a certificate of
approval by the Planning Commission; a
H certificate of approval by the Board of County
Commissioners; and a certificate of dedication,
o co ownership and maintenance by parcel owners
regarding COMMON OPEN SPACE, dedication of
rights-of-way, easements, and other public
al
w property interests and maintenance thereof.
alz
o Z 28.12 Duties of the Department of Planning Services. The Department
o of Planning Services shall be responsible for processing all
o a applications for a Planned Unit Development Plan. The
a Department shall have the responsibility to ensure that all
application procedures and requirements are met prior to any
official action. The duties of the Department shall be:
TH co
r-I
28.12.1 Planned Unit Development Plan. The Department
°a k' of Planning Services shall ensure that a
proposed PUD Plan is located with a Planned Unit
Development District. Upon determining that the
applicant has met the Planned Unit Development
Plan submittal requirements in Section 28.9, the
Department shall institute the applicable
procedures under Section 21.4 of this Ordinance.
28.12.2 The Department of Planning Services shall
provide a recommendation to the Planning
23
Commission concerning the disposition of the
requested Planned Unit Development Plan.
28.13 Duties of the Weld County Planning Commission.
28.13.1 The Planning Commission shall hold a public
hearing to consider a Planned Unit Development
Plan application. The Planning Commission shall
provide recommendations to the Board of County
Commissioners concerning the disposition of the
inc requested Planned Unit Development Plan. Such
o recommendations shall be made within sixty (60)
days of the initial hearing date. The Planning
c0
N U Commission shall recommend approval of the
o request for the Planned Unit Development Plan
o w
unless it finds that the applicant has not met
o 3 one or more of the applicable requirements or
• rx conditions of Sections 28.9, 28.11.1, and 28.13.
The applicant has the burden of
Ca pp proof to show
(24 that the standards and conditions of Sections
U 28.9, 28.11.1, and 28.13 are met. The applicant
shall demonstrate:
28.13.2 That the proposal is consistent with the Weld
—Ix County Comprehensive Plan.
w
N-
U 28.13.3 That the Planned Unit Development Plan conforms
to the PUD District in which it is proposed to
Wbe located.
E
a 28.13.4 That the USES, BUILDINGS, and STRUCTURES which
would be permitted shall be compatible with the
existing or future DEVELOPMENT of the
• G+ surrounding area as permitted by the existing
rn 2 zoning, and with the future DEVELOPMENT as
c) z projected by the COMPREHENSIVE PLAN or MASTER
o PLANS of affected municipalities.
U a
w F4 28.13.5 That there has been conformance with the
Performance Standards outlined in Section 35.3.
min
LC) 'V
CO 28.13.6 That there will be compliance with the Weld
N County Zoning Ordinance, Section 50, Overlay
Districts if the proposal is located within any
Overlay District area identified by maps
officially adopted by Weld County.
28.13.7 That there has been compliance with the
submittal requirements of the Planned Unit
Development Plan, and that the Planned Unit
Development Plat and the supporting documents
satisfy the legitimate concerns of the Planning
Commission.
24
28.13.8 The Secretary of the Planning Commission shall
forward the official recommendation of the
Planning Commission and the information
contained in the official record, which includes
the Department of Planning Services case file,
to the Clerk to the Board of County
Commissioners within ten (10) days after said
recommendation has been made.
28.13.9 If the Planning Commission's recommendation is
m conditional upon the applicant completing
certain specified items prior to the publication
in O of the notice for the hearing by the Board of
N County Commissioners, then the ten (10) day
aperiod shall commence upon submission of the
0 3 items by the applicant to the Department of
Planning Services.
so
+ w 28.14 Duties of the Board of County Commissioners.
a
O
28.14.1 After receipt of the Planning Commission's
ti a recommendation, the Office of the Board of
County Commissioners shall:
0
—Ix
A 28.14.2 Set a Board of County Commissioners' public
a hearing to take place not less than thirty (30)
CO U days and not more than sixty (60) days after
z receipt of the Planning Commission's
N H recommendation, for consideration of the
Vs E' proposed Planned Unit Development Plan.
om
a
N 28.14.3 Arrange for legal notice of said hearing to be
wpublished once in the newspaper designated by
the Board of County Commissioners for
c'o z publication of notices. At the discretion of
N � the Board of County Commissioners, a second
w z notice may be published in a newspaper which is
published in the area in which the Planned Unit
Development Plan is proposed. The failure to
publish the second notice shall not create a
in CO
jurisdictional defect in the hearing process.
r The date of publication shall be at least thirty
4p 4, (30) days prior to the hearing.
28.14.4 Arrange for the applicant to post a sign on the
property under consideration for the Planned
Unit Development Plan according to the
requirements of Section 21.4.2.5.
28.14.5 Give notice of the proposed Planned Unit
Development Plau and the public hearing date to
those persons listed in the application as
owners and lessees of the mineral estate on or
under the parcel under consideration. Such
25
notification shall be mailed, first class, not
less than ten (10) days before the scheduled
public hearing. Such notice is not required by
Colorado State Statute and is provided as a
courtesy to the owners and lessees of the
mineral estate on or under the parcel.
Inadvertent errors by the applicant in supplying
such list or the Board of County Commissioners
in sending such notice shall not create a
jurisdictional defect in the hearing process
even if such error results in the failure of a
surrounding property owner to receive such
,n o notification.
M
O
28.14.6 Give notice of the proposed Planned Unit
N OV Development Plan and the public hearing date to
ca those persons listed in the application as
o w owners and lessees of the mineral estate on or
o g under the parcel under consideration. Such
o a notification shall be mailed, first class, not
v>w less than ten (10) days before the scheduled
public hearing. Such notice is not required by
O Colorado State Statute and is provided as a
V
courtesy to the owners and lessees of the
mineral estate on or under the parcel.
Inadvertent errors by the applicant in supplying
such list or the Board of County Commissioners
in sending such notice shall not create a
m u jurisdictional defect in the hearing process
even if such error results in failure of a
N H surrounding property owner to receive such
notification.
E
o m
28.14.7 The Board of County Commissioners shall hold a
N ] public hearing to consider the application and
rW
-4, 44 to take final action thereon. The Board shall
m z make a decision on the application within sixty
o z (60) days of the initial hearing date. In
o making a decision on the proposed Planned Unit
V Development Plan, the Board shall consider the
recommendation of the Planning Commission, and
from the facts presented at the public hearing
and the information contained in the official
03 record, which includes the Department of
ri T-4
Planning Services case file. The Board of
• W County Commissioners shall approve the request
for the Planned Unit Development Plan unless it
finds that the applicant has not met one or more
of the applicable requirements or conditions of
Sections 28.9, 28.12.7, and 28.13. The
applicant has the burden of proof to show that
the standards and conditions of Sections 28.9,
28.12.7, and 28.13 are met. The applicant shall
demonstrate:
26
28.14.8 That the proposal is consistent with the Weld
County Comprehensive Plan.
28.14.9 That the proposed Planned Unit Development Plan
conforms to the Planned Unit Development
District in which it is proposed to be located.
28.14. 10 That the USES, BUILDINGS, and STRUCTURES which
would be permitted shall be compatible with the
existing or future DEVELOPMENT of the
ui surrounding area as permitted by the existing
m u zoning, and with the future DEVELOPMENT as
projected by the COMPREHENSIVE PLAN or MASTER
N O PLANS of affected municipalities.
A 28.14.11 That there has been conformance with the
a el Performance Standards outlined in Section 35.3.
o
o r•4 28. 14. 12 That there has been compliance with the Weld
{ w
ca County Zoning Ordinance, Section 50, Overlay
O Districts if the proposal is located within any
a Overlay District identified by maps officially
adopted by Weld County.
-..
x 28. 14.13 That there has been compliance with the
submittal requirements of the Plan Unit
r wj Development Plan, and that the Plan Unit
co
Development Plan Plat and the supporting
z documents satisfy the legitimate concerns of the
N H
Board.
0
oaf
No Plan Unit Development Plan Plat shall be
• wrecorded in the office of the Weld County Clerk
and Recorder and no building permit shall be
z issued for the PUD Plan until the following has
o z occurred.
N <
a
The Board of Commissioners must approve all
wx improvement agreements guaranteeing the
installation and type of improvements, including
en co a separate off-site road improvement agreement
LC) v
ri CO if applicable. All agreements must be made in
'-I '" conformance with the policy regarding Collateral
z w for Improvements.
28.14.14 After the Board of County Commissioners makes
its final decision, a resolution setting forth
the Board's decision shall be drafted and
signed. A record of such action and a copy of
the resolution shall be kept in the files of the
Clerk to the Board.
28. 14.15 The Board shall arrange for the Office of the
Weld County Clerk and Recorder to record the
27
resolution and the proposed Planned Unit
Development Plan if it is approved. No building
permits shall be issued until the Planned Unit
Development Plan has been recorded and a Site
Plan Review Application has been approved by the
Department of Planning Services.
28.15 Supplemental Procedures and Requirements.
28.15.1 Amendment to a Planned Unit Development District.
Each approved Planned Unit Development District
is considered unique, and the USES described by
block and/or lot within a Planned Unit
Development District shall only be amended by
applying for a change of zone to a new Planned
in o Unit Development District. These procedures are
contained in Section 28.5 of this Ordinance.
co u
NV 28.15.2 Amendment to a Planned Unit Development Plan.
N
Any request to make a major change to an
o w approved Planned Unit Development Plan shall be
o processed as a new application for a Planned
o a Unit Development Plan under Section 28.9 of this
urn' Ordinance. This may include, but not be limited
oto, requests for vacating all or parts of an
U approved Planned Unit Development Plan for the
a purpose of major redesign or major corrections.
The Department of Planning Services may waive
application requirements which do not pertain to
the proposed major change to the PUD Plan.
r- a 28. 15.3 Minor Modifications to a Planned Unit Development
Plan. The Department of Planning Services may
N H approve minor modifications to a Planned Unit
Development Plan. The applicant shall prove to
v
OM the Department that the minor modification is
required by engineering or other circumstances
N not foreseen durin the
w g approval of the Planned
w Unit Development Plan. The Department shall not
approve a minor modification if that
o Z modification does not conform to the Planned
Unit District.
a
W 28.15.4 Correction to a Planned Unit Development Plat.
a The Board of County Commissioners may,M C7,
without a
N hearing or compliance with any of the
ri CO submission, referral, or review requirements of
the Planned Unit Development Plan regulations,
w approve a correction to a Planned Unit
Development Plan if the sole purpose of such
correction is to correct one or more technical
errors in an approved Planned Unit Development
Plan and where such correction is consistent
28
with its approved Planned Unit Development
District.
28.15.5 Failure to submit a PUD Plan. If no PUD Plan
application is submitted within one (1) year of
the date of the approval of the PUD District,
the Planning Commission shall require the
landowner to appear before it and and present
evidence substantiating that the PUD project has
not been abandoned and that the applicant
possesses the willingness and ability to
n o continue with the submittal of the PUD Plan.
c'o U The Planning Commission may extend the date for
o the submittal of the PUD Plan application and
N U shall annually require the applicant to
demonstrate that the PUD has not been abandoned.
w If the Planning Commission determined that
3 conditions or statements made supporting the
o a original approval of the PUD Zone District have
+n-w changed or that the landowner cannot implement
Othe PUD Plan, the Planning Commission shall
U recommend to the Board of County Commissioners
a that the PUD District approval be revoked. If
cn the Board agrees after a public hearing, the
o w Board may revoke the PUD zone district and order
the recorded PUD zone district reverted to the
original zone district.
N
co
28.15.6 Failure to Commence a Planned Unit Development
rs
H
Plan If no construction has begun or no USE
established in the Planned Unit Development
o a within one (1) year of the date of the approval
of the Planned Unit Development Plan, the
N
r W Planning Commission may require the landowner to
appear before it and present evidence
ON z substantiating that the Planned Unit Development
No Z project has not been abandoned and that the
o applicant possesses the willingness and ability
oa g to continue the Planned Unit Development. The
Planning Commission may extend the date for
initiation of the Planned Unit Development
construction and shall annually require the
CO applicant to demonstrate that the Planned Unit
Development has not been abandoned. If the
w rt4Planning Commission determines that conditions
supporting the original approval of the Planned
Unit Development Plan have changed or that the
landowner cannot implement the Planned Unit
Development Plan, the Planning Commission may
recommend to the Board of County Commissioners
that the PUD Plan approval be withdrawn. If the
Board agrees after a public hearing, the Board
may revoke the Planned Unit Development Plan and
29
order the recorded Planned Unit Development Plan
vacated.
28.15.7 Enforcement of the Planned Unit Development
Plan. The Planned Unit Development Plan's
construction schedule and the maintenance of
COMMON OPEN SPACE shall be enforced as follows:
28.15.8 The construction and provision of all COMMON
OPEN SPACE, public utilities, and recreational
facilities which are shown on the Planned Unit
M 0 Development Plan shall proceed at a rate which
o is no slower than the construction of
o O residential, commercial or industrial BUILDINGS
m v and STRUCTURES. Periodically, the Planning
❑ Commission or its representative shall compare
o 3 the DEVELOPMENT to date with the approved
oconstruction schedule.
o
(11- 51 28.15.9 All developments shall meet the requirements
herein set forth and no final plan shall be
o approved that does not meet these requirements.
en 28.15. 10 The developer shall submit a legal instrument
o x setting forth a plan providing for the permanent
care and maintenance of open spaces,
a recreational areas and commonly owned facilities
w v and parking lots. The same shall be submitted
to the County Attorney and shall not be accepted
N H until approved as to legal form and effect. If
� W
H the common open space is deeded to a homeowners'
o association, the applicant shall file the
W proposed documents N � governing the association.
N Such documents shall meet the following
requirements.
oZ
CD
N 28.15.11 The homeowners' association must be established
o before any residences are sold.
U a
W
a 28.15.12 Membership in the association must be mandatory
M for each residence owner.
Li, In
CO
28.15.13 Open space restrictions must be permanent and
w not for a period of years.
28.15.14 The homeowners' association must be made
responsible for liability insurance, taxes, and
maintenance of recreational and other
facilities.
28.15.15 The association must have the power to levy
assessments which can become a lien on
individual premises for the purpose of paying
30
the cost of operating and maintaining common
facilities.
28.15.16 If the organization established to own and
maintain COMMON OPEN SPACE, or any successor
organization fails to maintain the COMMON OPEN
SPACE in reasonable order and condition in
accordance with the approved Planned Unit
Development Plan, the following action may be
taken:
rrn UU 28.15.17 The Board of County Commissioners may serve
written notice upon such organization or upon
'i 0 the owners or residents of the Planned Unit
M
Development setting forth that the organization
has failed to comply with the Planned Unit
ow
Development Plan. Said notice shall include a
03
demand that such deficiencies of maintenance be
w cured within thirty (30) days thereof. A
hearing shall be held by the Board within
0 fourteen (14) days of the issuance of such
notice, setting forth the time, date, and place
r' a of hearing. The Board may modify the terms of
the original notice as to deficiencies and may
✓ig give an extension of time within which they
shall be rectified.
r--
co U 28.15.18 If the deficiencies set forth in the original
- 2 notice or in the modifications thereof are not
N H
F rectified within thirty (30) days or any
o w extension thereof, the Board, in order to
preserve the values of the properties within the
N W Planned Unit Development and to prevent the
d w COMMON OPEN SPACE from becoming a public
nuisance, may enter upon said COMMON OPEN SPACE
m z
co z z and maintain the same for a period of one (1)
year. Said entry and maintenance shall not vest
> in the PUBLIC any rights to use the COMMON OPEN
SPACE except when the same is voluntarily
dedicated to the PUBLIC by the owners and
M N accepted by the Board of County Commissioners.
ui Ln
co Before the expiration of said one (1) year
r ~ period, the Board of County Commissioners shall
m G+ call a public hearing to consider the necessity
of continuing such maintenance for a succeeding
year. Notice of the hearing shall be given, in
writing, not less than thirty (30) days and not
more than sixty (60) days prior to this hearing
to the organization normally responsible for the
maintenance of the COMMON OPEN SPACE and to the
owners or residents of the Planned Unit
Development. If the Board determines that such
organization is not ready and able to maintain
said COMMON OPEN SPACE in reasonable condition,
31
the Board may continue to maintain said COMMON
OPEN SPACE during the next succeeding year, and
shall be subject to a similar hearing and
determination in each year thereafter.
28.15.19 The cost of such maintenance by the Board shall
be paid by the owners of the properties within
the Planned Unit Development that have a right
of enjoyment of the COMMON OPEN SPACE and any
unpaid assessments shall become a tax lien on
said properties, pursuant to Section 24-67-105
° 0 of the Colorado Revised Statutes, as amended.
M U
0
28.15.20 Monuments. Permanent reference monuments shall
N O
en U be set on the Planned Unit Development according
to the Official Weld County Subdivision
w Regulations and Section 30-51-101 , et seq. , of
0 3 the Colorado Revised Statutes, as amended.
o x
m w Add a new section 54 to read:
O 54 Planned Unit Development Overlay District
M 54. 1 Finding of Fact. There are unincorporated areas within Weld
o County with unique features, such as availability of urban-type
services and facilities which may be suitable for mixed
land-uses, provided that adverse impacts of different land-uses
m U are minimized. It is recognized that in certain circumstances
2 it may be desirable to provide a greater range or mixture of
N H USES in an area than would be permitted under the standard
H zoning system. It is further recognized that the Planned Unit
o Development procedure permits a greater range of flexibility
than the standard zoning system which does not always balance
N
the capacity of a site with compatibility to the neighborhood.
'14 114
al z 54.2 Purpose. The purpose and intent of the Planned Unit
N z Development Overlay District regulations shall be to:
w Minimize adverse impacts to water quality and quantity, public
a health, safety, and property within the I-25 Mixed-Use
Development Area and Activity Centers by requiring commercial
men
and industrial development and subdivisions and residential
rico subdivisions to use the Planned Unit Development procedure.
m w Promote a better quality of life within the 1-25 Mixed Use
Development Area and Activity Centers by using a procedure
designed to provide for the orderly development of compatible
land-uses and to protect the environment.
Provide a procedure which will allow land-use flexibility in a
manner consistent with the Weld County Comprehensive Plan.
54.3 Uses Permitted. All uses listed as allowed by the Planned Unit
Development Change of Zone District Application and which
32
qualify as a Planned Unit Development according to the Weld
County Zoning Ordinance. All uses by right and accessory uses
permitted under the current zoned district within the overlay
district.
54.4 Requirements. Commercial and industrial developments and
subdivisions and residential subdivisions shall use the Planned
Unit Development procedure within the I-25 Mixed-Use
Development Area and Activity Centers. All Planned Unit
Developments within the I-25 Mixed-Use Development Area shall
O have PUBLIC WATER and PUBLIC SEWER systems.
MU
0 54.5 Establishment of the Planned Unit Development Overlay District.
rn There is hereby established in Weld County, Colorado, a Planned
Unit Development Overlay District.
0 3 The Planned Unit Development Overlay District includes all of
the unincorporated area of Weld County known as the I-25
m w Mixed-Use Development Area and Activity Centers. A map of the
I-25 Mixed-Use Development Area and Activity Center is shown in
UFigure 1 of the Weld County Zoning Ordinance.
Interpretation of the Planned Unit Development Overlay District
w boundaries, location of LOT lines with respect to the
x boundaries and similar questions shall be determined according
to Section 60 of this ordinance.
r--
co U
r+ z
N H
\ W
. H
Om
a
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tzr
W
Z
Oz
N
O
U fk
W FC
r4
M V'
N
rl CO
•-i r-I
W
33
I-2"' MIXED-USE DEVEL01 VENT
AREA AND ACTIVITY CENTERS
I '
sat I I !'��"-,�i L.
� ,
JOFWSiDW. `� J.
HWY 60 /
' -■. ACTIVITY CIENTERS I MILLIKEN -�- � ■
HWY 56 t. ..
■ �p � L ra ■
i:i■_Ft .ZSPW ■
m0 i■n■� ■rr■■ ■
0o ■ ■u MI ■
co-41 IR
■■�■■�■sue21
I-1 I Erna Ina
o �■ i i
1--I Fs
-
g - lain ` TTEVILLE
M I.r-I E4 , ■ I-25 MIXED- USE
o : I DEVELOPMENT (I„
u IN
rH AREA ■ _ ..
T, al "� i r i mulls03 ■
ciiirE, Nas
z ocoa
■�■nte
a 1 a
W ■ in ■ ti ■
V' w E tr(02 1 . immrC� _
NI F:4
MiA _ ■■�' WPTCN
sm
U RSIll • �� -_S HW 52 HUDSON
m Li, En alliallin
II1 In
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r-I r-I
W w ACTIVITY CENTERS a1 A.mitI-78 ill
II1,■■ ■ BRIGHTON�.tie -■
a I cif
.. 0 I 2 3 4 s 6 7 6
N
MILES
sy
Figure 1 WELD COUNTY DEPARTMENT
OF RIMMING SERVICES
_AKM nN
34
The above and foregoing Ordinance was, on motion duly made and
seconded, adopted by the following vote on the 20th day of April, A.D. ,
1987.
ATTEST: BOAR‘111)010-7,
1)010- q' t�v a� T2(.ftW ttL�! WELD CO
OF COUN O COMMISSIONERS
Weld Count eir:Vatfd Recorder
and Clerk tort r'Boitrd G . a , irman
0 By: _ ! _ .
O "'l
De }�\ y r C. Kirby, Pro-T
n O o
en ll
APPROVED ASt2446i.M?
Gene R. Bran ner
0 3
oa /
O I J ' 1- — c n o n on 7
a j .County Attorney
0
v
ti a Frank Yamaguchi
M
O
� x
FIRST READING: March 18, 1987
N U PUBLICATION: March 19, 1987
Z
N H FIRST READING APPROVED: March 23, 1987
SECOND PUBLICATION OF FIRST READING: March 26, 1987
o U)
SECOND READING: April 6, 1987
PUBLICATION: April 9, 1987
'r W
rn 2 FINAL READING: April 20, 1987
O Z PUBLICATION: April 23, 1987
(NI0
o a Effective Date: April 28, 1987
w
a
M Lo
LC) V)
HI CO
HI HI
R1 44
35
AFFIDAVIT OF PUBLICATION
/ • THE JOHNSTOWN BREEZE
STATE OP COLORADO )
ss
q..\(")`72 COUNTY OP WELD )
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze; •
—� that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
\_/) said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more titan
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March 3, 1879, or any
amendments thereof, and that said'
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the•
laws of the State of Colorado.
That the annexed legal notice or advertise-
meat was published in the regular and
entire issue of every number of said weekly
newspaper for the period of ./.... consecu-
live insertions; and that the first
publication of said notice was in the issue of
said newspaper dated 9-23. A.D. itS.
and that the last publication of said notice
was in the issue of said newspaper dated
, A.D. 19
In witness whereof I have hereunto set
my hand this ....1t) day of
A.D. 19.57
•
Publisher
Subscribed and sworn to before me, a• Notary .Public in and for the County of
We d,State of Colorado, this day of ,
en. A.D.
19. 7••
et-
f Notary Public
My commission expires
r�r: lavd61 ;
. r
Ut tl 0
!a
18 — Breeze, April 23, 1987
Public Notices
ORDINANCE 80-J 28.3.29 The proposed location of any other circulation system or 28.5.18 A certified list of the names and addresses of mineral
trails. owners and lessees of mineral owners on or under the parcel of land
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH being considered.The source of such list shall be assembled from the
AMENDMENTS,AND THE ADDITION OF CERTAIN SECTIONS TO 28.3.30 The location of any existing unique features within the records of the Weld County Clerk and Recorder,or from an ownership
ORDINANCE NO.89,AS CURRENTLY AMENDED,WELD COUNTY Planned Unit Development project, oil wells, tank batteries, attorne derived from such records of a title or abstract company or an
ZONING ORDINANCE, REVISING AND ADDING CERTAIN PRO- attorney,derived from such records.
rights-of-
CEDURES,TERMS,AND REQUIREMENTS. irrigation,etc ditches,water bodies,railroad i.e.,racks,easements,way,etc. 28.5.19 Such additional information as may be required by the
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 28.3.31 The approximate location of any proposed existing Department of Planning Services,the Planning Commission or the
WELD COUNTY,COLORADO: landscape features. Boartl of County Commissioners in order to determine that the
application meets the goals,policies,and standards set set forth in this
WHEREAS,the Board of County Commissioners i Weld County, 28.3.32 Thegeneral location ofordinance and the Weld County Comprehensive Plan.
Colorado,pursuant to Colorado statute and the Weld County Home any the oPl plain,geological Deve hazard,
Rule charter,is vested with the authority of administeringthe afairs of and airport overlay districts within Planned Unit Development 28.5.20 Planned Unit Development District Plat
ir'eld County,Colorado,and project
p
28.3.33 Vicinity Map. 28.5.21 A PUD District plat shall be delineated in drawing ink on
WHEREAS,the Board of County Commissioners has the power and mylar(not sepias)at a scale of one inch(1")equals one composer'
d feet
authority under the Weld County Home Rule Charter and State 28.3.34 The vicinity map shall be drawn at a scale of one inch(1") (100')or one inch(1"equals two hundred feet(200'),
Statute,including Article 28 of Title 30,CRS and Articles 65 and 67 of equals six hundred feet(600'),composed of one or more sheets with one-ors more sheets h i outer dimension lin f twenty-four(24
Title 24, CRS, to adopt zoning and planned unit development an outer dimension of twenty-four (24) by thirty-six (36) inches thirty-six(38) inches,showing the following information:
regulations for the unincorporated areas of the County of Weld,and showing the following items: 28.5.22 Certified boundary and tract survey of the parcel under
WHEREAS,the Board of County Commissioners of Weld County, 28.3.35 Existing zone districts within one-half (Y2) mile of the consideration showing all bearing d distances outside the perimeter
Colorado, has previously adopted Ordinance No.89,Weld County boundaries of the Planned Unit Development project. survey m lines t along tract boundary lines.The closure error of the
Zoning Ordinance, establishing a comprehensive revision of the survey may not exceed 1:5,000.
zoning regulations and zoning maps for the unincorporated areas of 28.3.36 The existing uses within one-half(X)mile of the boundaries
the County of Weld,and has adopted amendments in Ordinances 89-A of the Planned Unit Development project. 28.5.23 Legal description,including total area involved,as certified
through 89-I,and by the surveyor.
28.3.37 The existing street and highway system within one-half(Yr) 28.5.24 Title,scale,and north arrow.WHEREAS, said Ordinance No. 89,as amended, is in need of mile of the boundaries of the Planned.Unit Development project.
revision and clarification -Will regard to procedures, terms, and
-requirements therein. 28.4.1 Preapplieation C A Planned Unit Development 28.5.25 Date of drawing.
Sketch Plan shall be submitted prior to a submittal of a Planned Unit 28.5.26 The following certificates shall appear on the map:
NOW, THEREFORE, BE IT ORDAINED by the Board of County Development District change of zone application.The Department may
Commissioners of Weld County,Colorado,that certain sections of said take up to thirty (30) days for its review of the planned'Unit 28,5.27 Surveyor's Ordinance No.89, s amended,arerepealed and re-enacted,with Development Sketch Plan.After its review,the Department of Planning certificate.
amendments,and the addition f certain sections as follows: Services shall arrange a preapplication conference between the 28.5.28 Planning Commission certificate.
Repeal and Re-enact Section 28 to read: applicant and the Department.The purpose of the conference shall be g
to acquaint the Department with the proposed Planned Unit 28.5.29 Board of County Commissioners certificate.
28 Procedures end Requirements of the PUD District Development and to familiarize the applicant with the change of zone
to a Planned Unit Development District and the Planned Unit 28.5.30 The proposed location of land-uses by block,including block
Development procedures.The Department shall be responsible for
28.1 Intent. This Section establishes the review and applicationadvising the applicant of any problems discovered during the review of size in acres,gross density, number,and height of each type of
procedures and requirements for a Planned Unit Development Sketch he Planned Unit Development Sketch Plan. urine eel unit; arcial,and floor areas, height, and type of
Plan,Change of Zone to a Planned Unit Development District,and for businesses, commercial, and industrial uses; and the location of
a Planned Unit Development Plan.All proposed amendments and 28.5 PUD District Application Submittal.The following completed common open areas,i.e.,public parks,school sites,and similar uses.
minor modifications to an approved Planned Unit Development plan information, data, and maps are required for a Planned Unit
shall be subject to the procedures stated in this Section. When Development change of zone district 28.5.31 The proposed location of the traffic circulation system.
including road classification,right-of-way width,road surface applicable,the supplemental procedures of this Section shall also
wir'
apply.All applications for a Planned Unit Development District shall 28.5.1 Written Documents. and access to public rights-of-way.
comply with the provisions of Section 35. The Planned Unit
Development District shell be subject to the requirements contained in 28.5.2 The PUD District application forms and application fee. 28.5.32 The location of ny existing easements, rights-of-way,
Section 40,Supplementary District Rogulationa,and Section 50, structures,and uses within the PUD District including,oil wells,tank
Overlay Districts. 28.5.3 A statement describin thebatteries,irrigation ditches,water bodies,railroad tracks or dwellings.
use(s),and architectural style of the PUo sad PUS Concept,land-
28.2 Prsapplieation Conferoncs.Any person wanting to apply for a 28.5.33 The proposed location of any other circulation systems or
Change of Zone to a Planned Unit Development District shall arrange 28.5.4 A statement which demonstrates the proposed PUD rezoning trails within the PUD District.
for a preapplication conference with the Department of Planning is consistent with the policies of the Weld County Comprehensive
Services. The applicant shall submit a planned unit development Plan, 28.5.34 Planned Unit Development District Vicinity Mop
ketch plan to the Department of Planning Services for review,prior to
the preapplication conference.The applicant shell submit the required 28.5.5 A statement which demonstrates how the USES allowed by 28.5.35 A PUD District Vicinity Map shall be delineated in drawing
information as stated in this section. the proposed PUD rezoning will be compatible within the PUk on mylar(not sepias)composed a scale of one inch ")with ants two
District In addition, a detailed description of how any conflicts imsi feet twenty-four, (24)byf one or more(3 sheets i outer
28.3 Sketch Plan Application Submittal. between land-uses within the PUD District are being avoided or dimension of (24) thirty-six 138)inches,showing the
following information.
mitigated and can comply with Section 35.3
28.3.1 The following completed information,data,and maps are
required: 28.5.36 An outline of the perimeter of the proposed PUD District.
28
.5.6 Written documents. the proposed statement PUD rezoningmwill be e compatibleSwith eland-use 28.5.37 Title,scale,and north arrow.
28.3.3 The Planned Unit Development Sketch Plan application forms surrounding the PUD District In addition,a detailed description of 28.5.38 Contour lines at ten(10)foot intervals.
and application,3Tfee. how any conflicts between land-uses surrounding the PUS District are
being avoided or mitigated. 28.5.39 The identification of all zone districts within one-half(1/2)mile
28.3.4 A general statement describing the concept,)antl-use(s),and 28.5.7 A description of each business within the PUD;A description
of the boundaries of the Planned Unit Development District.
architectural style of the Planned Unit Development protect. of all buildings,structures,and open storage areas,including ize, 28,5.40 The identification of all uses within one-half mile of the
floor area,and height A description of the type of residential units boundaries of the Planned Unit Development District.
28.35 A general statement describing the size and type of y within the PUD,including number of units.-
public and private open space and semi-public uses,including parks,
recreation areas,school ales and similar uses 2858 A description of th.'1re�size andtype of any public and private 285.41 The existing street and highway system within one-half('h)
s'D R S 9Qinas'areraeoreetiew-areas, r eb fitof the boundaries width,the PIoa surfaDistrice width,
road
-28.3,6.A pepera� ftetee,ent which dsecrtbeib The approxldiate schooll sits fire and her I stub TAmtioT and similar uses.
claellmCation,1f§hr df-way and road surface w dth.
number adTypo of res dental units approximate number,floor area,
28.5.42 The location of any mineral resource areas within the
heigh,and type of business,commercial,and industrial buildings and 28,5.9 A description of the water source and system and a statement proposed PUD district.
structures.The approximate number and size of any open storage from the representative of the provider of the water system which
areas.An estimate of the number of employees for the business, demonstrates that the water supply quality and quantity is sufficient to
commercial and industrial uses. meet the requirements of the uses within the PUD District.A PUD The location of any GEOLOGICAL HAZARD areas within the
district with residential USES shall be served by a PUBLIC WATER proposed posetl PUD District.
28,3.7 A general statement describing the Planned Unit system.
Development's source of water and type of system. 28.5.44 The location of any Flood Hazard Area on the within the
28.5.10 A description of the sewage disposal facility.If the facility is proposed PUS District.
23.3.8 A general statement describing the Planned Unit a sewer system,a statement from the representative of the provider of
Development's type of sewer system. the sewer system utility which demonstrates that the disposal system e8.6A5 The drainage nge of on-site detention cld areas to be incorporated in
will adequately serve the uses within the PUD.District. the ximat anvolume u including notes indicating the
28.3.9 A general statement describing the Planned Unit approximate area and of the facility.
Development's vehicular circulation system of local,collector, and 28.5.11 A description of the functional classification, width and 28.5.46 The location of any drainage ways within the proposed PUD
arterial streets.The general statement should include'width of road structural capacity of the STREET and highway facilities which provide district
rights-of-way,width of road surface,width of borrow ditches,type of access to the PUD District.If the street or highway facilities providing
surtace,off street parking areas,loading zones,major points of access access to the PUD District are not adequate to meet the requirements
to public rights-of-way,and notation of proposed ownership of the of the proposed district thee8peri The location and identification of any landscaping plans for
circulation system, p P applicant financial nt shall supply information toupgrade
the proposed PUD district
public or private.(Design Standards for streets are demonstrates the willin�neas and capability to the the perimeter of the
listed in the Weld County Subdivision Regulations.Weld County road STREET or highway facilities in conformance with the Transportation
classifications are listed in the Weld County Comprehensive Plan). Section of the Weld County Comprehensive Plan.This shall be shown 28.6 meet of the Department f Planning Servic
es. The
28.3.10 A by submitting,with the Planned Unit Development District application, Department of Planning aing Services shall to Planned Unit n for Development
n t
general statement describing any other proposed a separate improvements agreement describing the proposed road all The Department e for a Change shall of a the a a ensure that hmenl
circulation systems or trails,i.e.,pedestrian,horse riding,runways,or improvements and method of guaranteeing installation of said District The procedures shall have the responsibility me lily io a all
taxiways. improvements in conformance with the Weld County Policy on application,The and requirements are met prior to any official
Collateral for Improvements.The agreement shall be used for the action. Duties of the Department shall be:
20311 A general e statement a describing the plan for drainage and purposes of review,evaluation,and compliance with this section.No
storm water management.Design Standards for Storm Drainage are rezoning shall be finally approved by the Board of County 28.6.1 to it the change a eat ing Application
US
listed in the Weld County Subdivision Regulations. Commissioners until the applicant has submitted an improvements Upon determining meets that the lof requirements se to a PUD 5, the
agreement or contract which sets forth the form of improvements and Department
meets i submittal of Section 2of one
28.3.12 The soils classification and description of the classification guarantees and is approved by the Board of County Commissioners. of Planning Services shall institute a the change of zone
for the subject site.This information can be obtained from the Soil procedures in Section 21.4 of this Ordinance.
Conservation Service. 28.5.12 A soil survey and study of the site proposed for the change
of zone with statement regarding suitability of soils to support all comm The nD to
the
l Planning mission shall provide a
28.3.13 A general statement describing any water courses,water USES allowed in therecommendation tr the Planning of zone esito concerning DDiet the
proposed at If the soils survey and the
bodies,and irrigation ditches within the Planned Unit Development indicate soils which present moderate or severe limitations to the disposition of the requested change of to PUD District.
site. construction of STRUCTURES or facilities on the site,the applicant
shall submit information which demonstrates that the limitations can 28m7 Duties of the Planning heart Commieder an ape Planning
io
28,3.14 A general statement describing any exisoing unique features be overcome. This information will be forwarded to the Colorado a change
shall hold a Planned an hearing to velop consider tDistrict
etion for
within the Planned Unit Development site,i.e.,oil wells,tank batteries, Geological Survey for evaluation. a change of zone to a Unit Development
strirriuctures,n ditch
hnts,gand' railroad tracks, runways, buildings, 28.7.1 Change of Zone to a PUD District.
rights-of-ways. 28.5.13 If according to maps and other information available to Weld
28.3.15 A general statement indicating County,the Department of Planning Services determines that there
whether or not any unique appears to be a sand gravel,or other mineral resource on or under 28c.t The fort Planning hrom Commission shall hold a hearing to consider the
natural features exist on the Planned Unit Development site, i.e., the subject property,the applicant shall provide a mineral resource Supplementary
De change t Re of zone e a PUD District. The
wildlife areas or vegetative cover.- statement prepared by a certified geologist Dupr Section ery District Regulations,apions Section 4al and the Overlay
other of qualified sor expert. cotumeDistricts, n when Commission
may also a reviewed
28.3.16 A general statement indicating whether any commercial The t the
statement roll indicate the of estimated er,quantity w resources and concurrently.The rdn of County
Commissioners onshall concerning reom the indicate su re economic the
o now and in the future,of
mineral deposits are on the Planned Unit Development site. the resources so that the Planning Commission and Board of County bons to the Board of County the
Comrp ssioners ten determine whether a COMMERCIAL MINERAL made
disposition of the 60)requested of thee.Such recommendations shall be
28.3.17 A general statement describing any flop plain,geological DEPOSIT,as defined in 34-1-30(1)Colorado Revised Statutes Is matle within sixty 60)days of the initial hearing ate.The Planning
hazard, and airport overlay district areas within the Planned Unit contained on or under the subject properties.This information will be Commission shall recommend approval of the request for the change
Development site. forwarded to the Colorado Geological Survey for evaluation, zone of a Planned Unit Development District unless it finds that
tole applicant nos not met one or more or the applicable thcable requirements
28.3.18 A general statement which describes the surrounding land' 28.5.14 If the proposed change of zone is located within a FLOOD or conditions of Sections 28.7.2,28.5,and 28.13.the applicant has the
uses within one-half('h)mile of the Planned Unit Development site. HAZARD AREA,Identified by maps officially adopted by Weld County, 28.7en of 5,proof and 28.1 that the met The rap and conditionslld ofm nstrate:
the applicant shall submit information which either documents how the 28.7.2,28.5, 28.13 are The applicant shall demonstrate:
203.19 A general description of the landscaping plan for the Weld County Supplementary Regulations concerning Flood Plains 28.7.3 That he proposal is consistent with the Weld County
Planned Unit Development site. have been satisfied or documents how the applicant intends to meet Campreh nsiset plan.
28.3.20 A general description of the proposed treatment of the the requirements of the Weld County Supplementary Regulations
concerning flood plains.
perimeter of the Planned Unit Development site,including materials 28.7.4 That the USES which would be allowed in the proposed
and techniques to be used,such as screens,fences,wells,berms,and 28.5.15 If the proposed change of zone is located within a Planned Unit development District will conform with the Performance
other landscaping. GEOLOGIC HAZARD AREA identified by maps officially adopted by Standards of the Planned Unit Development District containedn
Weld County, the applicant Shall sbmit information which either Section 35.3 of.ibis Ordinance.
28.321 Sketch Plan Site Map documents how the Weld County Supplementary Regulations
concerning Geologic Hazards have been satisfied,or documents how with the That the USES which ELOtl be permitted shall surrounding compatible
a
20322 A drawing of the Planned Unit Development project t a the applicant intends to meet the requirements of the Weld County the existing a Future DEVELOPMENT of the u future
area as
scale of one inch(11 equals one hundred feet(100;),or one Inch(11 Supplementary Regulations concerning Geologic Hazards. permitted by the heisting zoning,and with PLAN N future DEVELOPMENTLof
equals two hundred(feet(200'1,composed of one or more sheets with as projected by the COMPREHENSIVE or MASTER PLANS of
an outer dimension of twenty-tour(24 by thirty-six(36)inches,showing 205.16 A sign shall be posted on the property under consideration affected municipalities.
the following information: for PUD Rezoning.The sign shall be posted by the applicant,who shall
certify that the sign has been posted for at least ten(10)days 28 .6 That adequate water and sewer service will r made available
28.323 Name of the Planned Unit Development project. preceding the-hearing date. The sign shall be provided by the toUnit site el to serve istr U.AS PUD district ed within the proposed USES Planned
Department of Planning Services Development District.A sstewith residential USES shall
28.3.24 Legal description of the Planned Unit Development site. be served by a PUBLIC WATER system.
28.325 Contour lines at ten(10)foot intervals. co0Sf 7 rig Ptified list of ltllistiticeti the
Nuname,
addresses and the 28.7.7 That STREET or highway facilities providing access to the
assigned by the Weld property are adequate in functional classification,width,and structural
County Assessor of the ownere of property(the surface estate)within capacity to meet the traffic requirements of the usesof the proposed
28.3.26 Scale and north arrow, five hundred(500)feet of the property subject to the application.The zone district.
28.3.27 The proposed location of land-uses,including approximate source of such list shall be the records of the Weld County Assessor,
gross h proposed
a end height each or en ownership update from a title or abstract company or attorney,
acreage, g type of residential derived from such record%or from the records of the Weld County
unit; and approximate floor area, height, and type of business, Clerk end Recorder.If the list was assembled from the records of the a the event that the STREET f mationy which
sere not adequate,
e,
commercial,and industrial buildings and structures. Weld County Aseeesor,the applicant shall certify that such list was willingness e applicant shall supply information demonstrates or highway
g the
assembled within thirty(30)days of the application submission data c and financial with
the ty a upgrade the street of
28.3.28 The proposed vehicular traffic circulation system, facilities in conformance with Transportation Section the Weld
County Comprehensive Plan.
•
Breeze. April 23. 1987 — 19
Public Notices
This shall be shown by submitting,with the PUD District application, 28.9.10 An Improvement Agreement Accordin c He SercentW596)grade and five(5)toot contours far predominant ground
a separate p PPg r n y gartling lopes then the tract over five percent(,ts 9 ode p proposal for off-site roe improvements.This proposal shall Collateral for Improvements.This form is provided by the Weld County
describe,in detail,the type of off-site road improvements to determine Department of Planning Services.The applicant must complete this 2011.9.All watercourses on the property must be shown.In addition
if the regirement for STREET or highway facilities providing access to form to show the improvements that the applicant is required to all Flood Hazard areas must be delineated.
the property has been satisfied.The method& ranteeing the construct and the type of collateral which will guarantee installation of
installation of proposed off-site road improvements shall be described improvements. 28.11.10 All drainagew•
ays,streets,arroyos,dry gullies,diversion
e part of any off-site road improvement proposal.The method of
guarantee shall conform with Weld County's If street or highway facilities ditches,ter mane management
reservoirs,etc, high may be i Urp Development
into the
Collateral for Improvements. Y Policy regarding adequate
providing access to the property were hall be
Bement ystem for the Planned cUnit Development r
thedet ap licd p quote st the PUD District road application improvements
in because or to shall be designated.
An off-site road improvement the applicant ection 2d .131eroefe off-site , wi hall be
of tletermin ing compliance with this s sect on.il be used for the purpose subcommitted.
Section 28.8.8 of this ordinance,the following shall 28.11.11 All irrigation ditches and laterals snail be shown.
28.7.8 That there has been compliance with the applicable A separate off-site road improvements agreement l proposal.The off- 28.11.12 AM required on-site o detention areas, including notes
requirements contained in Section 21.5.1.5 of this Ordinance site road improvement proposal shall describe, detail,the type of indicating the area and volume of the facility.
regarding overlay districts, commercial mineral deposits, and soil off-site road improvements to determine if the requirement for STREET 281113 All plans shall indicate the proposed outlet for the storm
conditions on the subject site. or highway facilities will be adequate in functional classification,width,
and structural capacity to meet the traffic requirements of the drainage from the property,including the name of the drainageway
28.7.9 The Secretary of the Planning Commission shall forward the Proposed zone district.The method of guaranteeing the installation of (where appropriate),the downstream conditions,and any downstream •
official recommendation of the Planning Commission d the off-site road improvements shall be described as part l of the restrictions. •
harmation contained in the official record, which includes the Countysagreeme pt The of guarantee te shoo ements. with Weld 28.11.14 Drainage design computations shall be submitted apartment of Planning Services case file,to the Board of County Countys policy regarding Collateral for Improvements. accordance with the Weld County Subdivision Regulations. in
'ommisade, s within ten(10)days after said recommendation has
been made. 28.9.11 A statement which summarizes the total area&the PUD 28.11.15 A landscape plan map shall consist of a drawing of the
Plan.This includes the total number of buildings and STRUCTURES of PUD District and PUD Plan at a scale of one inch(1")equals
38.7.10 If the Planning Comission recommendation is conditional a one o
particular type expressed in units The total total number ulit of commercial •
3hundred leer(100')or one inch t1")eqals two hundred feet(200')
upon the applicant completing certain specified items prior to the and industrial floors ace in a square feet.The of off-street
publication eofr the notice for the hearing by the Board of County Perking spaces,open storage areas and g areas in squarefeet. composed on one or more inches
with an outer dimension twenty
Commissioners,then the ten 10 day Any other information or supporting documents requested by the tour(24)by thirty-six(36) showing the following formation:
submission of the items by(the applicant toshall hec Department of Department of Planning Services which summarizes the total area of
Planning Services. the Planned Unit Development Plan. 28.11.16 A landscape plan indicating the treatment or exterior
spaces.The design objective of the plan must be clear and supported
28.8 Duties of the Office of the Boers of County Commis. 28.9.12 A statement describing how each BUILDING and by a written statement.The plan must provide an ample quantity and
stoners. The Board of County Commissioners shall hold a public STRUCTURE will be used or conducted
This includes the volume of variety of ornamental plant species which are regarded as suitable forhearing to consider an application for a change of zone ctoe a Planned business expected to be conducted at any commercial or industrial this climate. Landscape deciduous treatment material must be s balanced t with right
Unit Development District. Ina Board snail not approve anyPUD umber of lint,the hours of business of those establishments,the ergs for and plant tat with sufficient use of sewed
p application without written consent of the landowners hose number of employees expected to work in any commercial or industrial species vertical control.Plant material selection will be reviewed
properties are included within the PUD District. establishment the number of DWELLING UNITS in each BUILDING, t adaptability to physical conditions indicated by site plan locations.
the number of parking spaces,and any other information which would The landscape plan shall clutle •
tthe following:
28.8.1 Change o}Zone toe PUD Dl tricI assist in determining the USES of the BUILDINGS and STRUCTURES "
and the Unit Develo of those USES within and adjacent to the 28.11.17 Extent and location of all plant materials and other
28.8.2 Upon receipt of the Planning Commission's recommendation, Planned Development. landscape features.Plant material must be identified by direct labeling
the Office of the of County Commissioners shall institute the on the plant or by a clearly understandable legend.
Procedures contained in Section 21.6.1 of this Ordinance. 28.9.13 A statement which described any proposed treatment, 2811 18 Flower and shrub bed definition must be clear and drawn
buffering or SCREENING between USES, BUILDINGS or STRUC- to scale with dimensions.
28.8.3 The Board of County Commissioners shall hold a public TURES in order to achieve compatibility.A statement which describes
hearing to consider the application and to take final action thereon. the i proposed treatment of the perimeter of the PUD. Including 2g 11 19 Species and size Of existing plant materials.
The Board Shall make a decision on the application within sixty(60) terials and techniques used,such as screens,fences,walls,berms,
days of the initial hearing date.In making decision on the proposed and other lantlsca'rig. 28.11.20 Proposed treatment of all ground surfaces must be clearly
change of zone,the Board shall consider the recommendation of the indicated(paving,turf,gravel,grading,etc.).
-Planning Commission,and from the facts presented at the public 28.0 1 A statement concerning the location and semi-public c intended n use of
r g and the information contained in the officialrecord which ad public and private a open space and uses including 2g 11 21 Location of water outlets.If areas ofplanting
dudes the Department of Planning Services Case file.r7he Board of Parks,recreation as,school sites,and similar uses. u are extensive,
County Commissioners shall approve theplans furs underground sprinkler system or suitable alternative will •
request for the change of 28.9.15 A statement detailing how any common open space will be be required.
zone to a Planned Unit Development District unless it finds that the owned applicant has not met one or more of the applicable requirements or preserved,and maintained in perpetuity. 28,11.22 Plant material schedule with common and botanical names,
conditions of Sections 28.5,28.8.3,and 28.13.The applicant has the sizes, quantities, and method Of transplant. Plants must be sized
•
burden of proof to show that the r, Ion rap and conditions d of Sections 289.16 A copy o all covenat,grants of easements or restrictions according to the following table:
28.8.3,28.5,and'26.14 are met. Ina applicant snail demonstrate: S U mposed upon the use of the land, BUILDINGS, and
STRUCTURES. Sias
28.8.4 That the proposal is consistent with the Weld County Standard deciduous
iii
Comprehensive Plan. on 28.9.17 A Planned Unit Development Plan construction schedule trees t-3/4'to 2" caliper showing the approximate dates when construction of the DEVELOP-
MENTwhichsubject is proposed to scan and finish.This shall describe the stages in Small ornamental and
will be constructed,and the
property will conform to the Performance Standards of the Planned which the DEVELOPMENTnumber of
1 flowering trees -ii," to 1-1.4"caliper
Unit Development District contained in Section 35.3 of this Ordinance. BUILDINGS or comRUC7URES,and acne amount of COMMON OPEN
SPACE to be plated at each rage. Evergreen trees 5'to 6' in height
28.8.6 That the USES which would be permitted shall be compatible
with the existing or future DEVELOPMENT of the surrounding area as 28.9.18 A statement describing the method of financing for the Shrubs Adequate s e to be consistent
permitted by the existing zoning,and with the future DEVELOPMENT Development.The statement shall include the estimated construction with design intent
a projected by the COMPREHENSIVE PLAN or MASTER PLANS of cost and proposed method of financing of the street and elated z
affected municipalities. facilities,water distribution system,sewage collection system,flood 28.11.23 All plant material must meet specifications of the American
plain protection,storm drainage facilities,and such other facilities as •
28.8.7 Thatserve t water and sewer service will be made available may be necessary. Association of Nurserymen or the for number one grade all trees must
to the site to serve the USES permitted within the be balled and burlaped the equivalent
proposed zone 28.9.19 When a proposed STREET intersects state highway,a
district.A PUD tlistriht with residential USES shall be served bye 28.11.24 No building permit shall be issued for any building or any
PUBLIC WATER system. copy of the state highway permit shall be providetl.
Portion of a Planned Unit Development until the landscaping required
28.8.8 That STREET or highway facilities 28.9.20 A coOY of agreements signed by agricultural irrigation ditch by the landscape plan map is in place or an Improvements Agreement
9 Y providing access to the 'emit
oin parries specifying the agreed any problems' which complies with the requirements in the Official Weld County
property are adequate in functional classification,width,and structural resulting from the lcation of the ditch treatment of Subdivision Regulations has been executed. guaranteeing said
capacity to meet the traffic requirements of the uses of the proposed landscaping.
zone district.
r;a�ray.: ,ux:+eiwwe-.... :.W.*yr?H9 J.j.Ge•,Id+.r...,..."... !IrJ/''A1yNi0n-rBPgai_+
In the vent that the STREET o highway III es are notadequate, n rt pit tar a proposed P DEVELOPMENT. The in ve o e ants• .This
be prepared
reports will be furnished to representative of the Colorado Geological according td,the following submission requirements.This map shall be
the applicant shall supply information which demonstrates the Survey Division for review and evaluation. drawing k on mylar or other material acceptable'o the Department
willingness and financial capacity to upgrade the street or highway of Planning Services.the dimensions of the map shall be thirty-six(36)
facilihes in conformance with the Transportation Section of the Weld 28.9.22 A certified list of the names, addresses and the inches wide by twenty-four(24)inches high,and prepared at a scale of
County Comprehensive Plan. corresponding Parcel Identification Number assigned by the Weld one inch(1")equals one hundred feet(100'1 or one inch(1"1 equals
County Assessor of the owners of property(the surface estate)within two huntlred feet(200')composed of one or more sheets showing the
This shall be shown by submitting,with the PUD District application,a five hundred(500)feet of the property subject to the application.The following formation:
separate proposal for off-site road improvements.This proposal shall source of such list shall be the records of the Weld County Assessor,
describe,in detail,the type of off-site road improvements to determine or an ownership update from a title or abstract company or attorney, 28.11.26 Title,scale,north arrow,PUD Plan application number and
i the requirement for STREET or highway facilities providing access to derived from such records,.or from the cords of the Weld County name.The date of the drawing with adequate space ter revision dates.
the property has been satisfied.The method of guaranteeing the Clerk and Recorder.If the list was assembled from the records of the
installation of proposed off-site road improvements shall be described Weld County Assessor,the applicant shall certify that such list was 281127 Legal descripttiaon including total area involved
reas certified
et
as part of any off-site road improvements proposal.The mhod of assembled within thirty(30)days of the application submission date. by the surveyor,and a and ddress of owner f Coro.
g antee shall conform with Weld County's policy regarding
Collateral for Improvements. 28.9.23 A certified list of the names and addresses Of mineral 28.t 1.28 Outline of the proposed PUD Plan's perimeter, and a
Owners on or under the parcel of land
owners and lessees of mineral certified boundary and lot survey of the parcel under consideration,
An off-site road improvement proposal shall be used for to purpose of being Considered.The source of such list shall be assembled from the showing all bearings and distances outside the perimeter boundary
determining compliance with this Section. records of the Weld County Clerk and Recorder,or from an ownership lines or along the lot boundary lines.When the parcel is bounded by
update from a title or abstract company or an attorney derived from an irregular shore line Ora body of water,the bearings and distances
28.8.9 That there has been compliance with the applicable such records. of a closing meander traverse should be given and a notation made
that the plat includes all land to the waters edge or otherwise.On
requirements contained in Section 21.6.2.5 of this Ordinance
regarding overlay districts, Commercial mineral deposits, and soil 28.9.24 A sign shall be posted on the property under consideration curved boundaries and all curves on the plat,sufficient tlata shall be
conditions on the subject site. for the Planned Unit Development Plan,The sign shall be posted by given to enable the re-establishment of the curves on the ground.This
the applicant, ho shall certify that the sign has been posted for at curve data shall include the following for circular curves:(1)radius of
28.8.10 Upon the BOARD making its final decision,a resolution least ten(10)days preceding the hearing date.The sign shall be e,(2)central angle,(3)tangent,(4)arc length,and(5)notation of
a
setting forth that decision shall be drafted and signed.A record f provided by the Department of Planning Services. non tangent ryes.
such action and a copy of the resolution will be kept in the tiles of the
Clerk to the Board. 28.10 Illustrations. 28.11.29 Lot area in square feet or acres if larger than one(1)acre,
lot and blocks delineated and numbered consecutively,existing and
28.8.11 The Board shall arrange for the Office of the Weld County 28.10.1 Illustrations of the proposed architectural style for the proposed future street layout dashed lines and existing streets in
Clerk and Recorder to record the resolution and,a the proposed Planned Unit Development.The illustrations shall show layout,profile, solid lines for any portion of adjacent land not subject to the current
rez change of zone to a Planned Unit Development is approved,the computations,and design detail of all BUILDINGS and STRUCTURES. Planned Unit Development Plan Application.
oning plat. In addition,thematerials, color,scale,and coordination of buildings
different 28.11.30 Location and description of uses by block
rid structures with surrounding land-uses shall be described.The ock or lot,if 28.8.12 The change of zone to a Planned Unit Development District design objectives of the PUD plan and architectural style must be uses are located within the block.
shall be immediate upon the voting by the Board.However,no building clear and supported by a written statement.permits shall be issued and o DEVELOPMENT started within a PUD 28.t 1.31 Location,description,and dimensions of all proposed and
District until a PUD Plan is adopted and recorded by the Department 28.11 maps. existing commercial,industrial,and office buildings,structures,open
of Planning Services. storage areas, streets, parking lots, commen open space, signs,
lighting,advertising devices,and any other development,improvement
28.9 Planned Unit Development Plan Application Submittalor feature within the PUD Plan's boundary.
28.11.1 A utility plan map shall consist of a drawing of the Planned
28.9.1 An applicant may submit an application fora PUD Plan Unit Development project at Cale of one inch(1")equals one 28.1132 Location and description of FLOOD and GEOLOGIC
provided that the Planned Unit Development hundred feet(100'1 or one inch(1"1 ousts two hundred feet 200' HAZARD AREAS.
Plan is located within an ( 1
existing Planned Unit Development District. A Planned Unit composed of one or more sheets with an outer dimension of twenty-
Development Plan may encompass all or part of a Planned Unit (24)by thirty-six(361 inches showing the following information: 20.11.33 Location and description of proposed SCREENING.
Development District.The uses shall be identical to those located and 28.11.2 A utility plan showing the easements for water, sewer, buffering,and LANDSCAPING.
described on the Planned Unit Development District plat.
-- electric, gas, telephone, and any other utilities within the PUD. 2811,34 Location and description of proposed sites to be reserved
28.9.2 The following completed information,data,and maps are Easements shall be designed to meet the Weld County Subdivision or dedicated for parks,playgrounds.schools.and other public USES.
required unless waived by the Department of Planning Services. Regulations for easement standards.
28.9.3 Written Documents 28.11.3 A utility service statement black shall appear on the 28 11a5 uLocation,description and dimensions of all exting and
The block shall identity each special district,municipality,or utility proposed drainage utilities. is, rights-Of-way, waterways and ter
Y Development.The systems,and any other significant features.as determined by
28.9.4 A Copy of a certificate of title issued by title the mean intended to service the Planned Unit Develo the Department of Planning Services.
company or an attorneys opinion of the title which shall set forth the block shall include:
names ofall owners of property included in the PUD Tian,The list 28.11.36 Parcels not contiguous shall not be included in one plat,
shall lude II ortgages,judgements,liens,easements,contracts, 28.11.4 The name of the utility, nor shall more than one (1) plat be made on the same sheet.and agreements of record in Weld County which shall affect the Contiguous parcels owned by different ent parties may be embraced 28.11.5 A dated signature and statement from the utility's n
(1)plat, provided that all owners join n the dedicationand
property in the Planned Unit Development Plan. It the attorney's
opinion or certificate of title discloses ge of the above then the epresentative indicating one of the following:(1)Service available, acknowledgement.
holders or owners of such mortgages,judgements,liens,easements, (2)service is available subject to specific conditions,or(3)service is
contracts,or agreements shall be quired to join in and approve the not available for the Planned Unit Development.In the event number 28.11.37 The following certificate blocks shall appear on the plat
(2)is indicated,the specific condition shall be described. and shall be completed at the appropriate time. The certificates
application before the Planned Unit Development Plan shall be acted
upon by the Board. 28,11.6 Plans, profiles and typical required are a surveyors certificate;a certificate of approval by the
I cross section drawings f Planning Commission:a certificate of approval by the Board of County
28.9.5 A certificate of title or an abstract of title covering all PUBLIC STREETS, bridges,culverts, and all drainage detention areas and Commissioners; and a certificate of dedication, ownership d
STRUCTURES.These STREETS,BRIDGES,CULVERTS AND OTHER maintenance by parcel owners regarding COMMON OPEN SPACE,
dedications.When the applicant is to dedicate land for schools,roads,
parks, or other PUBLIC purposes, a letter f intent from the DRAINAGE STRUCTURES shall be designed and constructed to meet dedication f rights-of-way, easements, and other public property
appropriate PUBLIC agencies stating that the dedicated lands will be the equirements of the Official Weld County Construction Standards interests and maintenance thereof. pe y accepted. rid the Official Weld County Subdivision Regulations. Pavement
design computations and drainage design computations shall also be 28,12 Duties of the Department 0 Planning Services. The
28.9.6 A warranty deed or other suitable document ready to execute bmltted accordance with the Weld County Subdivision Department of Planning Services shall be responsible for processing
which dees to the appropriate PUBLIC body all lands other than Regulations.
in all applications for a'Orlannetl'Unit'Oevelopment Plan.The De arirtlen
STREETS which are to be held for used for PUBLIC purposes. 28.11.7 A grading and drainage plan map shall consist of a drawing pan have the responsionity to ensure that all eppncanon proceuuie.t
289.7 Certificate from the County Treasurer showing no delinquent of the Planned Unit Development District and project at a Scale 01 one and requirements are met prior to any official action.The duties of the
taxes on the property of the proposed PUD Plan. inch(1")equals one hundred feet(100')or one inch(r) q Is two Department shall be:
hundred feet(200')composed of one or more sheets with an outer 28.12.1 Plannetl Unit Development Plan. The Department of
28.9.8 Certificate from a qualified engineer responsible for the dimension of twenty-four(24)by thirty-six(36)inches showing the Planning Services shall ensure that a proposed PUD Plan is located
design of the utilities. following information: with a Planned Unit Development District.Upon determining that the
28.9.9 Copies of all deed restrictions,including those required 6 28.11.8 A grading and drainage plan indicated by solid line contours applicant has n S the Planned Unit Development Plan submittal
the Board oft County Commissioners to govern te future use of all superimposed on dashed line contours of existing topography the requirements Section 28 9 the Department of t shall institute the
land in the Planned Unit Development site. area of the Final Plat Such contours shall be at two(2)foot intervals applicable procedures under$action 21A this Ordinance.
for predominant ground slopes within the tract between level and five
20 — Breeze, April 23, 1987
Public Notices
28.12.2 The Department of Planning Services shall provide a and a Site Plan Review Application has been approved by the County Subdivision Regulations and Section 30-51-101,et seq.,of the
recommendation to the Planning Commission concerning the Department of Planning Services. Colorado Revised Statutes,as amended
disposition of the requested Planned Unit Development Plan.
28.15 supplemental Procedures and Requirement.. Add a new section 54 to read.
28.13 Duties of the Weld County Planning Commission.
28.15.1 Amendment to a Planned Unit Development District. 54 Planned Unit Development Overlay District
28.13.1 The Planning Comission shall hold a public hearing to Each approved Planned Unit Development District is considered
consider a Planned Unit Development Plan application.The Planning unique,and the USES described by block and/or lot within a Planned 54.1 Finding of Fact.There are unincorporated areas within Weld
Commission shall provide recommendations to the Board of County Unit Development District shall only be amended by applying for a County with unique features, such as availability of urban-type
Commissioners concerning the disposition 01 the requested Planned change of zone toe new Planned Unit Development District.These services and facilities which may be suitable for mixed land-uses,
Unit Development Plan.Such recommendations shall be made within procedures are contained in Section 28.5 of this Ordinance. provided that adverse impacts of different land-uses are minimized.it
sixty(60)days of the initial hearing date.The Planning Commission is recognized that in certain circumstances it may be desirable to
shall recommend approval of the request for the Planned Unit 28,15.2 Amendment toe Planned Unit Development Plan.Any provide a greater range or mixture of USES in an area than would be
Development Plan unless it finds that the applicant has not met one or request to make a major change to an approved Planned Unit Permitted under the standard zoning system.It is further recognized
more of the applicable requirements or conditions of Sections 28.9, Development Plan shall be processed as a new application fore that the Planned Unit Development procedure permits a greater range
3.11.1,and 28.13.The applicant has the burden of proof to show that Planned Unit Development Plan under Section 28.9 of this Ordinance. of flexibility than the standard zoning system which does not always
the standards and conditions of Sections 28.9,28.11.1,and 28.13 are This may include,but not be limited to,requests or vacating all or balance the capacity of a site with compatibility to the neighborhood.
met.The applicant shall demonstrate: parts of an approved Planned Unit Development Plan for the purpose
28.13.2 That the proposal is consistent with the Weld County of major redesign or major corrections.The Department of Planning 54.2 . The purpose and intent of the Planned Unit
Services may waive application requirements which do not pertain to Development Overlay District regulations shall be to:
Comprehensive Plan. the proposed major change to the PUD Plan.
2013.3 That the Planned Unit Development Plan conforms to the Minimize adverse impacts to water quality and quantity,public hea,
it is proposed to be located. 28.15.3 Minor Moditieationa to a Planned Unit Development safety,and property within the 1-25 Mixed-Use Development Area and
PUD District in which
Plan. The Department of Planning Services may approve minor Activity Centers by requiring commercial and industrial development
and STRUCTURES which would modifications to a Planned Unit Development Plan.The applicant shall and subdivisions and residential subdivisions to use the Planned Unit
28.13.4 That the USES.BUILDINGS,
be permitted shall be prove to the Department that the minor modification is required by Development procedure.
compatible with the existing or future
DEVELOPMENT of the surrounding area as permitted by the existing engineering or other circumstances not foreseen during the approval Promote a better quality of life within the I-25 Mixed Use Development
zonin e of the Planned Unit Development mods The Department shell not D
OMP and with the future DEVELOPMENT of affected cte municipal-d by the the approve n minor Unit Distcetlon if that modification_ices not conform to Area end Activity de Centers by cling a procedure s and to to provide
COMPREHENSIVE PLAN or MASTER PLANS the Planned District for the mentry development of compatible land-uses and to protect the
idea environment.
28.15.4 Correction to a Planned Unit Development Plat.The
28.13.5 That there has been conformance with the Performance
Standards outlined in Sec bee 35.3. Board of County Commissioners may,without a Dearing or compliance Provide a procedure which will allow land-use flexibility in a manner
with any of the submission,referral or review requirements of the consistent with the Weld County Comprehensive Plan.
28.13.6 That there will be compliance with the Weld County Zoning Plannetl Unit Development Plan regulations,approve a correction to a
Ordinance,Section 50,Overlay distrlete ii the pro osal's located Planned Unit Development Plan if the sole purpose of such correction 54.3 Uses Permitted.All uses listed as allowed by the Planned
D 's to correct one or more technical error.In en approved Planned Unit Unit Development Change of Zone District Application and whiCh
within any Overlay District area identified by maps officially adopted by Development Pier,and where such correction is consistent with its quality as a Planned Unit Development according to the Weld County
Weld County. approved Planned Unit Development District. -Zoning Ordinance.All uses byright
the overlay district.
accessory uses permitted
under the current zoned district
2013.7 That there has been compliance with the submittal 28.15.5 Failure to submit a PUD Plan.If no PUD Plan application
requirements of the Planned Unit Development Plan,and that the is submitted within one(1)year of the date of the approval of the PUD 54.4 Requirements.Commercial and industrial developments and
Planned Unit Development Plat and the supporting documents satisfy District, the Planning Commission shell require the landowner to subdivisions and residential subdivisions shall use the Planned Unit
the legitimate concerns of the Planning commission. appear before it and present evidence substantiating that the PUD Development procedure within the I-25 Mixed-Use Development Area
28.13.8 The Secretary of the Planning Commission shell forward the project has not been bandoned and that the applicant possesses the and Activity Centers.All Planned Una Developments within the 1-25
official of the Plnning Commission and the willingness end ability to continue with the submittal of the PUD Plan. Mixed-Use Development Area shall have PUBLIC WATER and PUBLIC
f recommendation contained 'n the official record, which includes the The Planning Commission may extend the date for the submittal of the SEWER systems,
Department of Planning Services case file,to the Clerk to the Board of PUD Plea application d shall annually squire the applicant t9
demonstrate that the PU0 has not been abandoned.statements the Plannin 54.5 t.Therehmem of tes Planned Unit d Coun y,Co Overlay
h s be Commissioners within ten(10)tlays after seitl recommendation oitin determined of coftlthena D oeDist mave District.There is hereby established in Weld County,Colorado,a
has been made. supporting the original approval ercannot the l Zone District the Planned Unt Development Overtay District.
28.13.9 If the Planning Commission's recommendation is conditional Plan ing Cr that the landowner mm implement othe the PUD Plan,o the
upon the applicant completing certain specified items prior to the Planning Commission shall recommend al the Board of County The Planned Unit velopment Overlay District includes all cl tse
Commissioners that the PUD District approval al be v k revoked.If the Board meld'me unincorporated area 0ctd Weld Count'known as the I-25 Mixed-Use
publication of the notice for the hearing by the Board upon dgrees after a order
the h hearing,the Board may str the PUD the Development Area and Activity Ceenter is mho n in ns Figure
Mixed-the
Commissioners,then the ten(the day period oh the commence p upon district and or sr recorded PUD zone district reverted to the Development ln Area and Activity Center is shown Figure 1 of the
submission rofv the items by the applicant to Department of original zone district. Weld County Zoning Ordinance.
Planning Services.
28.14 Duties of the Board of County Commissi 2015.6 Failure to Commence a Planned Unit Development Interpretation of the Planned Unit Development Overlay District
Plan If no construction has begun or no USE established in the boundaries,location of LOT lines with respect to the boundaries and
28.14.1 After receipt of the Planning Commission's recommendation, Planned Unit Development within one D)year of the date of the similar questions shall be determined according to Section 60 of this
the Office of the Board of County Commissioners stall: l of the Planned Unit Development Plan, the Planning ordinance.
Commission may require the landowner to appear before it and
28.14.2 Set a Board of County Commissioners'public hearing to present evidence substantiating that the Planned Unit Development
ossesses the
take place not less than thirty pm days and not more than sixty(60) project has
and ability to continue the Planned Unit Devicant elopment.The
days after receipt of the Planning Commission's recommendation,for Planning Commission may extend the date for initiation of the Planned I-25 MIXED-USE DEVELOP
MENT
consideration of the proposed Planned Unit Development Plan. Unit Development construction and shall annually require the AREA AND ACTIVITY CENTERS
•28.14.3 Arrange for legal notice of said hearing to be published once applicant to demonstrate that the Planned Unit Development has not
9 been abandoned. If the Planning Commission determines that eenn - �q�
'n the newspaper designated by the Board of my Commissioners conditions supporting the original approval of the Planned Unit -��,,. �1y`-J 1lE'i , �"
for publication of notices.At the discretion of the Board of County Development Plan have changed or that the landowner cannot I "'" 1 „`""'�'"`�'._^I �/_
Commissioners,a second notice may be published in a newspaper lenient the Planed Unit Development Plan, the Planning I—I- l
which is published in the area in which the Planned Unit Development Commission may recommend to the Board of County Commissioners ea - �J r" `
create proposed.The
jurisdictional failure
1i t n publish the
hearing second
notice The date'not that the PUD Plan approval be withdrawn.If the Board agrees after a q' ur'"Ira cc"� s I"-.,'1,�2:MCI J I I✓
public hearing,the Board may evoke the Planned Unit Development ,t
publication shall be at least thirty(30)days prior to the hearing. Plan and order the recorded Planned Unit Development Plan vacated. f I e?. -,f' I.-I I 4
28:14:4 Arrange for the applicant to post a sign on the property 28.15.7 Enforcement of the Planned Unit Development Plan. I" I+� r. I
under consideration for the Planned Unit Development Plan according The Planned Unit Development Plan's construction schedule and the I hfIl I f
to the requirements of Section 21.4.2.5. maintenance of COMMON OPEN SPACE shall be enforced as follows:
2814.5 Give notice of the proposed Planned Unit Development Plan 28.15.8 The Construction and provision of all COMMON OPEN I c I I
and the public hearing date to those persons listed in the application SPACE,public utilties,and recreational facilities which are shown on I A I It: 1 I
as owners and lessees of the mineral estate on or under the parcel the Planned Unit Development Plan shall proceed at a rate which is no
under consideration.Such notification shall be mailed,first class not slower than the construction of residential,commercial or industrial u."1 I ,� l I I b i'
less than ten(10)days before the scheduled public hearing.Such BUILDINGS and STRUCTURES.Periodically,the Planning Commission `�
notice is not required by Colorado State Statute and is provided as a or its representative shall compare the DEVELOPMENT to date with D u 1 '�'Y
courtesy to the owners and lessees of the mineral estate on or under the approved construction schedule. P1 I l I�
the parcel.Inadvertent errors by the applicant in supplying such list or �1aa.�. ID MIME
D•
Board of County Commissioners in sending such notice shall not 28.15.9 All developments shall meet the requirements herein set S_ Lam'1°C ' T
create a jurisdictional defect in the hearing process even if such error forth and no final plan shall be approved that does not meet these
results in the failure of a surrounding property owner to receive such requirements. IC(w IprAI McnI I
notification. L
28.14.6 Give notice of the proposed Planned Unit Development Plan 28.15.10 The 9developer hall submit a legal instrument setting forth 1---" (
and the public hearing date to those persons listed in the application a spaces,pla pecrean for the permanent care and maintenance o open ng Ir l
as owners and lessees of the mineral estate on or under the parcel recreational areas and commonly owned facilities and parking I pI
under consideration.Such notification shall be mailed,first class,not lots.The same shall be submitted to the County Attorney and shall not I II I7BIS I. � I
less than ten(10)days before the scheduled public hearing.Such be accepted isu deeded l approved to as ot legal form and effect.If the common I I(j I I 1 I
open space is a homeowners association,the applicant ,
notice u is not required by Colorado State S minteer and is provided as ar shall u file the 1proposed documents wi governing the association.Such pyyy1
courtesy 1. the owners and lessees of the mineral estate on or under documents shall meet the following requirements. .,.„ aK. II '4.1:_li, _I
the parcel.Inadvertent errors by the applicant in supplying)such list or i I I I;±Y '
the Board ri County Commissioners in settling such notice shall not 28.15.11 The homeowners'association must be established before -�
Create a jurisdictional defect in the hearing process even if such error any residences are soltl. 1
results in failure of a surrounding property owner to receive such ��I „ I �I'� .«
notification. 2015.12 Membership in the association must be mandatory for each 1 I e I I I Iti _
28.14.7 The Board of County Commissioners shall hold a public residence owner. Fear II�''
hearing to consider the application and to take final action thereon. 28 9' "Ir.ale,sell I I P L"
.15.13 Open space restrictions must be permanent and not for as-
The Board shall make a decision on the application within sixty(60) period of years.
days of the initial hearing date.In making a decision on the proposed I _I,I I I
Planned Unit Development Plan, the Board shall consider the 28.15.14 The homeowners'association must be made responsible I I I . pil I I I I
recommendation of the Planning th Commission,and from e facts for liability insurance, taxes,and maintenance of recreational and {:-
presented at the public hearing and the information contained in the other facilities.
official record,which includes the Department of Planning Services
T
case file.The Board of County Commissioners shall approve the 28.15.15 The association must have the power to levy assessments !�a �, --� i 1 N/
request for the Planned Unit Development Plan unless it finds that the which can become a lien on individual premises for the purpose of �./
applicant has not met one or more of the applicable requirements or paying the cost of operating and maintaining common facilities. MILES
conditions of Sections 28.9,28.12.7,and 28.13.The applicant has the
burden of proof to show that the standards and conditions of Sections 28.15.16 If the organization established to own and maintain ' °'
28.9,28.12.7,and 28.13 are met The applicant shall demonstrate: COMMON OPEN SPACE, or any successor organization fails to
maintain the COMMON OPEN SPACE in reasonable order and
28.14.8 That the proposal is consistent with the Weld County
Comprehensive Plan. Plan,thefollowing condition in llga with the approved Planned Unit Development
action may be taken:
28.14.9 That the proposed Planned Unit Development Plan conforms 28.15.17 The Board of County Commissioners may serve written
to the Planned Unit Development District in which it is proposed to be notice upon such organization or upon the owners or residents of the
located. Planned Unit Development setting forth that the organization has - -
failed to comply with the Planned Unit Development Plan.Said notice
28.14.10 That the USES, BUILDINGS, and.STRUCTURES which shall include a demand that such deficiencies of maintenance be
would be permitted shall be compatible with the exisfing or future cured within thirty(30)days thereof.A hearing shall be held by the
DEVELOPMENT of the surrounding area as permitted by the existing Board within fourteen(14)days of the issuance of such notice,setting y
andwith the future DEVELOPMENT as projected by the forth the time,date,and place of hearing.The Board ma modify the A F 'la.,f 0....... 2.1,414471,1,./
zoning, p gg �nI, COMMISSIONERS
COMPEHENSIVE PLAN or MASTER PLANS of affected municipals- terms of the original notice as to deficiencies and may give an / v.r.co���J.o:,�r uii
ties. extension of time within which they shall be rectified. `Ficorderend �� ti i , °
28.14.11 That there has been conformance with the Performance 2815.18 If the deficiencies set forth in the original notice or in the r r
Standards outlined in Section 35.3. orod f cations thereof are not rectified ed within thirty(30)days or any - ° y /r� IT:/....:27,,,,,,,,
tension thereof,the nn in order u mt the values the t `r 28.14.12 Teat there sas been compliance with tee Weld County properties within the Planned Unit r to Dment and to prevent thec7,rr 'yZoning Ordinance,Section 50.Overlay Districts if the proposal Is COMMON OPEN SPACE from becoming a public nuisance,may enter Arrxl.,u Ai To Foen.
located within any Overlay District identified by maps officially adopted upon said COMMON OPEN SPACE and aintain the same for a _by Weld County. period of a(1)rear.Said entry and tenance shall not vest in _—the PUBLIC any ights to use the COMMON OPEN SPACE except28.14.13 That there has been ompliance with the submittal wh n the same is voluntarily dedicated to the PUBLIC by the owners 1 it ;r
requirements of the Plan Unit Development Plan,and that the Plan and accepted by the Board of County Commissioners.Before the °"rr °r'.r
Unit Development Plan Plat and the supporting documents satisfy the expiration of said one (1) year period, the Board of County 'r>„"VOoolioch3
legitimate concerns of the Board Commissioners shall call a public hearing to consider the necessity of
No Plan Unit Develo menI Plan Plat shall be recorded in the office of continuing such maintenance for succeeding year.Notice of the
D hearing shall beg writing, of less than thirty(30)days and not
the Weld County Clerk and Recorder and no building permit shall be more than sixty(60)n days prior to this hearing to the organization
issued for the PUD Plan until the following has occurred. normally responsible for the maintenance of the COMMON OPEN "�"` Tf°'' '• ,v,I,xs
The Board of Commissioners ust approve all improvement SPACE and to the owners or residents of the Planned Unit
agreements guaranteeing m themu installation and type all improvements, Development.If the Board determines that such organization is not ,eons.I,,r Io,TIo.,or FIRST . March.r.Ina,
including a separate off-site road improvement agreement if ready and able to maintain said COMMON OPEN SPACE reasonable
applicable.All agreements must be ma in conformance with the condition,the Board may continue to maintain said COMMON OPEN I.,rr,,rlun I F .se'
policy regarding Collateral for Improvements. SPACE during the next succeeding year,and shall rbee subject to a r e_ o
similar hearing and determination in each year thereafter.
FINAL RFANIEL. April 20,ISS7
28.14.14 After the Board of County Commissioners makes its final 28,15.19 The cost of such maintenance by the Board shall be paid Ioeri,.ATI:,:' April+T,liar
decision, a resolution setting forth the Board's decision shall be by the owners of the properties within the Planned Unit Development
drafted and signed.A record of such action and a copy of the that have a right of enjoyment of the COMMON OPEN SPACE and any Effective`"" rr+r.x,ISO)
resolution shall be kept in the tiles of the Clerk to the Board. unpaid assessments shall become a tax lien on said properties,
a for the Office of the Weld County pursuant to Section 24-67-105 of the Colorado Revised Statutes,
28.14.15 The Board shall arrange 1973,as amended.
Clerk and Recorder to record the resolution and the proposed Planned
Unitevelnpment Plan if
Unit PProv d.No Pla
n ingspeeensrshalll be be 2015.20 Monuments.Permanent reference monuments shall be
issued until set on the Planned Unit Development according to the Official-Weld
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO I
ss
COUNTY OF WELD
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March 3, 1979, or any
amendments thereof, and that said'
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the.
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was published in the regular and
entire issue of every number of said weekly
newspaper for the period of ../... consecu-
tive insertions; and that the first
publication of said notice was in the issue of
said newspaper dated g-.?.. A.D. l'A.
and that the last publication of said notice
was in the issue of said newspaper dated
, A.D. 19
In witness whereof I have hereunto set
my handrthis / day of
A.D. l9.A7
Publisher
Subscribed and sworn to before me, a
Notary ,Public in and for the County of
We Slate of Coloradp his ../lsr.. day of
• :. A.D. 19.S/
.eihr>e
Notary Public
My commission expires
JUHJ 141.. IP8Z
18 — Breeze, April 9, 1987
Public Notices
ORDINANCE 89-J28.3.29 The proposed loation of any other circulation system or 28.5.18 A certified list of the names and addresses of mineral
trails owners and lessees of mineral owners on or under the parcel of land
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH being considered.The source of such lint shall be assembled from the
AMENDMENTS,AND THE ADDITION OF CERTAIN SECTIONS TO 28.3.30 The location of any existing e ni ue features 'thin the records of the Weld County Clerk and Recorder,or from an ownership
ORDINANCE NO.89,AS CURRENTLY AMENDED,WELD COUNTY Planned Unit Development project, I.e., oil walls, tank batteries, update derived eriv from such such
rec of a title or abstract company or an
ZONING ORDINANCE, REVISING AND ADDING CERTAIN PRO- Irrigation ditches,water bodies,railroad tracks,easements,rights-of- attorney, from such records.
CEDURES,TERMS,AND REQUIREMENTS. way,etc.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 285.19 Such additional information as may be required by the
WELD COUNTY,COLORADO: 28.3.31 The approximate location of.any proposed existing Board Department
of nCounty CommissiServoners Ines, a order to determine thatthe
lantloape features. application meets the goals,policies,and standards set forth in this
WHEREAS,the Boartl of County Commissioners of Weld County, 28.3.32 The general location of any flood plain,geological hazard, ordinance and the Weld County Comprehensive Plan.
Colorado,pursuan13%a
to Colorado statute and the Weld County Home and airport overlay disMctsi within the Planned Unit Development Rule charter,is vested with the authority of administering the affairs of project 28.5.20 Planned Unit Development District Plat
Weld County,Colorado,and
WHEREAS,the Board of County Commissioners has the power and 28.3.33 Vicinity Map. 28.5.21 A PUD District plat shall be delineated In drawing ink on
authority under the Weld County Home Rule Charter and mylar(not sepias)
r one hat a scale of one Inch(1")equals one hundred feet
by
Statute,bantling Article 28 of Tine 3H,CRS and Articles r5 and S State 28.3.34 The vicinity map shall be drawn at a scale of one inch(1") one oromore sheets with ans outer two ndimension eof(twenty-four�tl on
Title 24, CRS, to adopt zoning and planned unit development equals six hundredimension
feet(800'),twenty-four
composed ofone oryore(3sheetsIn with thirty-six(36)Inches,shaving the following (24)
regulations for the unincorporated areas of the County of Weld,and en outer ollo of tma: four 24 by thirty-six 38 inches q information:
showing the following Items: 28822 Certified boundary and tract survey of the parcel under
WHEREAS,the Board of County Commissioners of Weld County, 28.3.35 Existing zone districts within one-half(+h) mile of the Consi t ration showing all bearing and distances outside the perimeter Colorado,has previously adopted Ordinance No.89,weld County boundaries of the Planned Unit Development project survey m allies not along tract boundary lines The closure error of the Zoning Ordinance, establishing a comprehensive revision of the survey may exceed 1:5,000.
coning regulations and zoning maps for the unincorporated areas of 28.3.36 The existing uses within one-half(hi)mile of the boundaries the County of Weld,and has adopted amendments in Ordinances 89-A of the Planned Unit Development project. 28.5.23 Legal description,including total area involved as certified
through 89-1,and by the surveyor.
WHEREAS, said Ordinance No.89,ae amended,is in need of 28.3.37 The a linen street end highway ayetem within One-half(K) 28.5.24 Title,scale,and north a
revision and clarification with regard to procedures, terms, and
mile of the bounder ea of the Plenne Unit Development project arrow.
requirements therein. 28.4.1 P.'. plloatlon Conference.A Planned Unit Development 285.25 Date of drawing.
NOW, IT ORDAINED by the Board County Sketch Plan shall be submitted prior to o a submittal of a Planned Unit 28,5.28 The following certificates shall appear on the a Commissioners,THEREFORE,of Weld BE EuIT Colorado.that certain the sections dofof said take Development Dis•rict change of zone application.The Department may mac:
Ordinance No.89,as amended,are repealed and re-enacted,with Development Sk to etch h Plan.After its review,the Departme its review of the nt of Planning lanned Unit 28.5.27 Surveyor's certificate.
amendments,and the addition of ceain sections as follows: Services shall arrange a preapPlbation conference between the
applicant and the Department.The purpose of the conference shall be 26.5.28 Planning Commission certificate.
•
Repeal and Re-enact Section 28 to read: to acquaint the Department with the proposed Planned Unit
Development and to familiarize the applicant with the change of zone 285.29 Board of County Commissioner's certificate.
28 Procedures and Requirement.of the DUD District to a Planned Unit Development District and the Planned Unit
28.1 intent. This Section establishes end application Development procedures.The Department shall be responsible for 28.5.30 r s proposed location t u b r and by block,of including type of
201 Intea and requirements is for theed Unit review Development Sketch advising the applicant of any problems discovered during the review of size in acres,gross density, number'and ig each of
Plan,Change of Zone to a Planned Unit Development District,and for the Planned Unit Development Sketch Plan, residential unit; approximate floor areas, height and type of
a Planned Unit Development Plan.All proposed amendments andcompletedbusinesses, commercial, and Industrial uses; and the location of
modifications to en epproven.Planned Development plan 28.6 DUD District Application Submittal.The following common open areas,i.e.,public parka,school sites,and similar uses.
minor nll subject the procedures stated Unit this Section.pe Plan information, data,Band maps are required for a Planned Unit 28.5.31 The pro
applicable,the supplemental procedures of this Section shall also
n Development change of zone district Posed location of the traffic circulation system,
including road classic rights-of-way
R right-of-way width,road surface width,
apply.All applications for a Planned Unit Development District shall 285.1 Written Documents, and access to public
comply with the provisions of Section 35. The Planned Unit
Development District ehelibe subject to the requirements contained In 28.5.2 The PUD District application forms end application fee. 285.32 The location of any existing easements, ighteol-way,Section 40,Su PNmentary District Regulations,and Section 50, structures,and uses within the PUD iesMct including,oil wells,dwellings.
Overlay Dlatrieb. .45,3 ant statement describing the pr000eeR PUD Concept,lend- batteries,irrigation ditches,water bodies,railroad tracks or dwellings.
28.2 Prea llution Confirenee.Any person wanting to ply for uee(s),and arcndotural style of the PUD.
V g 2le Wit The proposed location of any other circulation systems or
Change o Zone to a Planned Unit Development District shall arrange 285.4 A statement which demonstrates Me trails within the PUD District
for a preappiication conference with the Department of Planning i6 consistent with the policies of the Weld CouuntyComprehensive Services. The applicant shall submit a planned unit development Plen. 28.5.34 Planned Unit Development Dlstrlol WeMity IMP
sketch plan to the Department of Planning Services for review,prior to
the preappllcetion conference.The applicant shall submit the required 205.5 A statement which demonatretea how the USES allowed by 28.5.35 A PUD District Vicinity Map shall be delineated in drawl information as stated In this section. the proposed PUD rezoning will be compatible within the PUD Ink r meter of sepias) e a cone of one inch(1")equals it r
District. In addition, a detailed description of how any conflicts hundred feet twenty-four composed of one or more osets with an outer 28.3 Sketch Plan Application Submittal ' between land-uses within the PUD District are being avoided or dimension owin of (24)by thirty-elx(38)inches,showing the
28.3.1 The following completed information,data,and maps are
mitigated and can comply with Section 35.3 following information.
required: 28.5.36 An outline of the perimeter of the proposed PUD District.
228.3.2 Written documents. the 8 proposed.6 A 1ement which PUD rezoning will how the compatible USES withallland-use 28.5.37 7111&scale,and north arrow.
surrounding the PUD District In addition,a detailed description of 28,5.38 Contour lines at ten(10 f
28.3.3 The Planned Unit Development Sketch Plan application forms how any conflicts between land-uses surrounding the PUD District are ) cot intervals.
and application fee. being avoided or mitigated.
205.39 The identification of all zone districts within one-half(K)mile
28.3.4 uA general statement describing the concept,land-tggs),and 285.7 A description of each business within the PUD.A description of the boundaries of the Planned Unit Development DiatriM.architectural style of the Plannetl Unit Development project. of all buildings,structures,and open storage areas,Including size,
floor area,and height A description of the type of residential units 28dari The then Planned of 11 eves within n-half mile of the
28.3.5 A general statement describing the size and type of any within the PUD,including number of units boundenea of the Plannetl Unit Development YDislricL public and private open space and semi-public uses,including perks,
recreation areas,school sites,and similar uses. 28.5.8 A description of the size and type of any public and private ?8.5.41 The existing street and highway system within one-half(�h)
28.3.6 Aopen space and semi-public uses,includingnparks,recreation areas, mile the boundaries width,of the PUD surface including road
general statement which describes: The approximate school sites,fire and sheriff substations, d similar uses. classification,right-of-way and road surface width.
number and type of residential units,approximate number,floor area,
height,and type of business,commercial,and industrial buildings and 205.9 A description of the water source and system and a statement 28.5.42 The I strict of any mineral resource areas within the
structures.The approximates numberand size of any open storage from the presentative of the provider of the water system which proposetl PUD tli t Sot
areas.An estimate of the number f employees for the husIness. demonstrates the:Eno wzier sua;D:y-gcm;yam!Vuectit is `fialeM to-commeruisiand tomb:deist uaea - meat the reyulrementm of the sea within the PUD District.A PUD proposed
The Distri a any GEOLOGICAL HAZARD areas within the
28.3.7 A general statement describing the Planned Unit district with residential USES shall be served by a PUBLIC WATER Proposed PUD District.
Development's source of water and type of system. system. 2&5.44 The location of any Flood Hazard Area on the within the
23.3.8 A 205.10 A description of the sewage disposal facility.If the facility is proposed PUD District.
general statement describing the Planned Unit a sewer system,a statement from the representative of the provider a
oevelopment's type of sewer system. the sewer ayetem utility which Remonstrates that the disposal system 285.45 The location of ystern detention areas to be indicating din
28.3.9 Awill adequately serve the uses within the PUD Diatrlct. the storm drainage systems, including notes indicating the
general statement describing the Planned Unit approximate area and volume of the facility.
Development's vehicular circulation system of local,collector,and 28.5.11 A description of the functional classification,width and
arterial streets.The general statement should include:width of road structural capacity of the STREET and highway facilities which provide 285.46 The location of any drainage ways within the proposed PUD
rights-of-way,width of road surface,width of borrow ditches,type of access to the PUD District If the street or highway facilities providing distrit.
surface off street parking areas,loading zones,major points of access access to the PUD District are not adequate to meet the requirements
to public rights-of-way,and notation of proposed ownership Of the of the proposed district the applicant shall supply information which e6peri The location fthe identification d of any landscaping plans for
circulation system,public or private.(Design Standards for streets are demonstrates the willingness and financial capability to upgrade the the perimeter of the proposed PUD tlisirict listed in the Weld County Subdivision Regulations.Weld County road STREET or highway facilities in conformance with the Transportation
classifications are listed in the Weld County Comprehensive Plan). Section of the Weld County Comprehensive Plan.This shall be shown Dep Dump of i Department f Planning Sernbo a The
26.3.70 Aby submitting,with the Planned Unit Development District application, Department of for Planning Services shall to Planned Unit
for Development
t general statement describing any other proposed a separate improvements agreement describing the proposed road all District.
The Department e for a Change of Zone a Untt ensure
that hmenl
circulation i systems or trails,i.e.,pedeamen, orae riding,runways,or improvements and method of guaranteeing installation of said application
The shall have the responsibility to ensure all
improvements m conformance with the Weld County Policy on action.The
procedures Dutiesofand requirements are met prior to any official
28.3.11 A general statement describing the plan for drainage and purpoCollateral for Improvements.The agreement shall be used for the salon.The Duties of the Department shell be:
form water management Design Standards for Storm Drainage are rezoning shall shall review,b evaluation,and compliance with this section.No 28.8.1 Planned Unit Development Rezoning Aypllutlon
listed in the Weld County Subdivision Regulations. g finallycat approved by the Boned of ents Upon determining that the change of zone to a PUD District
Commissioners until the applicant has submitted en improvements application meets the submittal 28.3.72 The soils classification and description of the classification agreement or contract which sets forth the form of improvements andrequirements of Section 2of the
for the subject alto.This information can be obtained from the Soil guarantees and is approved by the Board of County Commissioners, Department a Planning Services shall institute the change of zone
Conservation Service. procedures in Section 21.4 of this Ordinance.
285.12 A loll survey and study of the site proposed for the change 2862 The De
28.3.13 A general statement describing any water courses,water of zone with a statement regarding suitability of soils to support all Pertment of Planning Services shall provide e
bodies,and irrigation ditches within the Planned Unit Development USES allowed in the proposed zone.It the soils survey and study disposition aofothe requested change of zone Ito PUD Distric the
site. indicate soils which present moderate or severe limitations to the z
construction of STRUCTURES or facilities on the site,the applicant 287 Duties of the Planning Planning
28.3.74 A general describing any existing unique features shall submit information which demonstrates that the limitations can Commission.an The iof
Planned Un statement enlo be overcome.This information will be forwarded to the Colorado Commission shall hold a public hearing to consider cetbn for
withinit the h ditch hUni De silentsittree.,oil wens,tank bakeries, Geological Survey for evaluation. a change of zone to a Planned Unit Development District
structures, itch headgate rights-oad try. ka runways, buildings,
28.5.13 If according to maps and.her Information available to Web 28.7.1 Change of Zone to a PUD District
28.3.15 A general statement indicating whether or not any unique County,the Department of Planning Services determines that there
appears to bee sand gravel,or other mineral resource on or under 28cat The Planning rthechange hmmalo shall hold a hearing to consider the
natural features exist on the Planned Unit Development site,Ia., the subject property the applicant shall provide a mineral resource application for the of zone to a PUD District The
wildlife areas or vegetative cover. statement prepared by a certified geologist or other qualified expert. Sup Section ery platelet Regulations Section 40,and the Overlay
The statement shall Indicate the estimated quantity of resources and cocurreDistricts, o when m applicable,shall may also be reviewed
28.3.78 A general statement Indicating hither any commercial Indicate the economic feasibility of recovery,now and in the future,of concurrently.The Planning County
Conierrs provide comng the
mineral deposits are on the Planned Unit Development alts. the resources no that the Plannin Commisalon and Board of Countylions to the Board of County Such recommendations
concerning the
Cor9q1laBloners tcaeli tlatermine Rather a COMMERCIAL MINERA disposition of the requested change Such recommendations shall be
28.817 A general statement describing any flood plain,geological IS I7,ae define in 34-1305(1)Colorado Revbed Statutes Ib made within sixty(80)days of the initial hearing date.The Planning
hazard,andslleort overlay district areas within the Planned Unit contained on or under the subject properties This information will be Commission shall recommend approval of the request for the change
Development forwarded to the Colorado Geological Survey for evaluation. a zone of a Planned Unit Development District unless it finds that
28.3.18 A general statement which deoribes the surroundin lanb me applicant has not met one or more or the applicable requirements
0 285.14 If the Dropoaed chen a of zone 19 loafed within a FLOOD or conditions of Sections 28.7.2,28.5,and 28.13.the applicant has the
uses within ontrhall(+h)mile of the Planned Unh Development site. HAZARD AREA,identyled Dy maps oHiclalry adoptetl by Weld County, burden of proof to show that the standards and conditions of Sections
28.3.19 A general description of the landscaping plan for the the applicant shall submit information which either documents how the 28.7.2,28.5,and 2013 are met The applicant shall demonstrate:
ins
Planned Unit Development site. have been Weld satisfieddocuments how the applulations icantnIntends to meet a 28.7.3 That theCounty
the requirements of the Weld County Supplementary RegulationsComprehensive Pla proposal is consistent with the Weld
283.20 A general description of the proposed treatment of the concerning flood plains.
perimeter of the Planned Unit Development site,including materials 28.7.4 Unit the USES which would be allowed in the proposed
and techniques to be used,such as screens,fences,wells,berme,end 28.5.15 If the proposed change of zone located within a Planned Unit development District will conform with thePerformance
tether landscaping.
GEOLOGIC HAZARD AREA Identified by maps officially adopted by Standards,3 the this Planned Unit Development District contained in
28.3.21 Sketch Plan Site Nap Weld County, the applicant shall ebmit information which either Section 35.3 of Ordinance.
documents how the Weld County Supplementary Regulations 28.7.5 That the USES which would be 28.3.22 A drawing of the Planned Unit project at a concerning Geologic Hazards have been g satisfied,or documents how with the existing or future DEVELOPMENTdof the surrounding compatible a as
scale 8 2 one inch )equals la hundred feet Development op project 1" the applicant intends to meet the requirements of the Weld County permitted by th existing zoning,and with the future DEVELOPMENT
f ( ) ( ) Supplementary Regulations concerning Geologic Hazana g g equals two hundred t(200'1,composed of one or more sheets with as pro)ectetl by the COMPREHENSIVE PLAN or MASTER PLANS of
an outer dimension of twenty-four(24 by thirty-six(36)Inches,showing 28.5.16 A sign shall be posted on the property under consideration affected municipalities
the following information: for PUD Rezoning The sign shall be posted by the applicant who shell
28.3.23 Name of the Planned Unit Development certify that the sign has been posted for at least ten(10)days 28e site6 That sve t adequate water and sewer service will be pose alarm available
project preceding the hearing date. The sign shell be provided by the to the to serve the USES permied with the ppen Ud USES Planned
Department of Planning Services. Unit Development District.A PUD district with residential shall
28.3.24 Legal description of the Planned Unit Development site. be served by a PUBLIC WATER system.
28.3.25 Contour lines at ten(10)foot intervals. corresponding.17 Parcel ed Idet of ntification the
N names,
er,asa addresses e by the Weld t 28.7.7 That STREET or highway facilities ion,wit access to the
28.3.28 Scale and north arrow. County Assessor of the owners of property(the surface estate)within capacity are adequate the in functional ants of the uses
o e structural
five hundred(500)feet of the property subject to the application.The capacity to meet the irafffic requirements of the uses of the proposed
source of such list shall be the records of the Weld County Assessor, zone tllatrict.
acreage, proposed
location ati of land-uses,
a height sfseacA type Of resiimate dential or an ownership update from a title or abstract company or attorney,
e and approximate dense y,number
area, eelght and of desal derived from such records or from the records of the Weld County In the event that the STREET or highway unit un arcial,antl industrial floorarebuildings and stran type. Clerk and Recorder.If the list was assembled from the records of the B Y which
are not adequate,
e,
Weld County Assessor,the applicant shell certify that such list was she applicant shell supply u fly to tiu which demonstrates the
28.3.28 The proposed vehicular traffic circulation system. assembled within thirty(30)days of the application submission date. willingness and financial capability upgrade the street or highway
facilities In conformance with the Transportation Section of the Weld
County Comprehensive Plan.
Breeze, April 9, 1987 — 19
Public Notices
28.9.10 An Improvement Agreement According rolicy He adding Percent(%)grade and five(5)foot contours tor predominant ground
This shall be shown by submitting,with the PUD District applicationb g slopes wlthIn the tract over ive percent(5%)grade.
a separate proposal for off-site road improvements.This proposal shall Collateral for improvements.This form is provided y the Weld County
describe,In detail,the type of off-site road Improvements to determine Department of Planning Services.The applicant must complete this 28.11.9.All watercourses on the property must be shown.In addition
if the regirement for STREET or highway facilities providing access to form to show the Improvements that the applicant is required to ail Flood Hazard areas must be delineated.
the property has been satisfied.The method of guaranteeing the construct and the type of collateral which will guarantee installation of
installation of proposed off-site road improvements shall be described improvements. 28.11.10 All dreinagewaye streets,arroyos,dry gullies,diversion
as part of any off-site road Improvement proposal.The method of ditches,spillways,reservoirs,etc.,which may be incorporated into the
guarantee shall conform with Wald Countys Policy regarding if street or highway facilities providing access to the property were stormwater management system for the Planned Unit Development
Collateral for Improvements. determined adequate at the PUD District application stage because shall be designated.
the applicant proposed separate off-site road improvements in order to
An o Pao road improvement proposal shall be used for the purpose comply with Section 28.8.8 of this ordinance,the following shall be 2011.11 All irrigation ditches and laterals shall be shown.
of determining compliance with this section. submitted.
A separate off-site road improvements agreement proposal.The off- 28.11.12 All required on-site detention areas, including notes
28.7.8 That there has been compliance with the applicable site road improvement proposal shell describe,in detail,the type of indicating the area and volume of the facility
requirements contained in Section 21.5.1.5 of this Ordinance off-site road improvements to determine if the requirement for STREET
regarding overlay districts, commercial mineral deposits, and soil or highway facilities will be adequate in functional classification,width, 28.11.13 All plans shall indicate the proposed outlet for the storm
conditions on the subject site. drainage from the property,including the name of the drainageway
and structural capacity to meet the traffic requirements of the (where appropriate),the downstream conditions,and any downstream
28.7.9 The Secretary of the Planning Commission shall forward the Proposed zone district.The method of guaranteeing the installation of restrictions.
official recommendation of the Planning Commission and the agrees o. pmoethod a ahaall be described as pawl '2 the
information contained i the official record, which includes the guntys policy The rdin f g den to. shoo dents. ith Wald 28.11.14 Drainag9e desi? computations snail be ubmitted in
Department of Planning Services case file,to the Board ofCounty Countys regarding Collateral for Improvements. eccortlance with fire Weld County Subdivision Regulations.
Commissioners within ten(10)days after said recommendation has 28.9.11 A statement which summarizes the total area of the PUD
been made. 28.11.15 A landscape plan map shall consist of a drawing of the
Plan.This Includes the total number of buildings and STRUCTURES of PUD District and PUD Plan at a scale of one inch(1")equals one
38.7.10 If the Planning Comission recommendation is conditional a particular type expressed in units.The total amount of commercial hundred feet(100')or one inch(1")equals two hundred feet(200')
upon the applicant completing certain specified Items and industrial floor space in square teat.The total number of off-street
g prior to the parking spaces,open storage areas and loading erase in square feet composed on one or more sheets with an outer dimension of twenry-
publication of the notice for the hearing by the Board of County Any other ^formation or supporting documents gi eater by the four(24)by thirty-six(38)inches showing the following information:
Commissioners,then)the ten(10)day period shall commence upon Department of Planning Services which summerizea the total area of
submission of the tams by the applicant to the Department of the Planned Unit Develoment Plen. 28.11.16 A landscape plan indicating the treatment of exterior
p
Planning Services. spaces.The design objective of the plan must be clear end supported
28.9.12 A statement tleacribing how each BUILDING al by a written statement.The plan must provide an ample quantity and
28.8 Duties of the Office of the Board of County Commis- STRUCTURE will h used or operated.This includes the/NGme of artery of ornamental plant species which are regarded as suitable for
Menem.The Board of County Commissioners hall hold a Public business expected to h conducted at any commercial or intlustriel this climate. Landscape treatment must be balanced with both
hearing to consider an application for a change of zone to a Planned establishment,the hours of business of those establishments,the evergreen and deciduous plant material with sufficient use of upright
Unit Development uistnc. the board snail not approve any PUD umbel of employees expected to work in any Commercial or industrial species for vertical control.Plant material selection will be reviewed
appljcaton without written consent of the landowners whose establishment the number of DWELLING UNITS in each BUILDING for adaptability to physical conditions indicated by aiterplan locations.
properties are included within the PUD District the number of perking spaces,and any other Information which would The landscape plan shall include the following:
208.1 Change of Zone to a PUD District aasist in determining the USES of the BUILDINGS and STRUCTURES 28.11.17 Extent and location of all plant materials and other
and the compatibility of those USES within and adjacent to the landscape features.Plant material must be identified by direct labeling
28.82 Upon receipt of the Planning Commission's recommendation, Planned Unit Development on the plant or by a clearly understandable legend.
the Office of the Board of County Commissioners shall institute the 289.13 A statement which described any proposed treatment,
procedures contained in Section 21.6.1 of this Ordinance. buffering or SCREENING between USES,BUILDINGS or STRUG 28.11.18 Flower and shrub bed definition must be clear and drawn
TURES In order to achieve compatibility.A statement which describes to scale with tlimenaiona
28.8.3 The Board of County Commissioners shall hold a public the proposed treatment of the perimeter of the PUD,,including 28.11.19 Species end size of existing plant materials.
hearing to consider the application end to take final action thereon. m terials and techniques used,such as screens,fences,walla,berme,
The Board shall make a decision on the application within sixty(80), and other landscaping. 28.11.20 Proposed treatment of all ground surfaces must be clearly
days of the initial hearing date.In making a decision on the proposed
change of zone,the Board shall consider they recommendation of the 28.9.14 A statement concerning the location end the intended use of indicated(paving,turf,gravel,grading,etc).
hearingPlanningand rthesnformaton from
contained ins the official reco the
yd,which all public and private open space and semi-public uses including
includes the Department of Planning Services case file.record,
Board of perks, ti areas,school sites,end similar uses. 26.11.21 Location of water outlets.If erase of planting are extensive,
plans for an underground sprinkler system or suitable alternative will
County Commissioners shall approve the request for the change of 28.9.15 A statement detailing how any common open space will be be required.
zone to a Planned Unit Development District unless it finds that the owned,preserved,and maintemed in perpetuity.
applicant has not met one or more of the applicable requirements or 28.1122 Plant material schedule with common and botanical names,
9 an
28.9.16 A copy of all covenants,grants of easements or restrictions s, tities,and method of transplant. Plants must be sized
conditions of Sections 28.5,28.8.3,and 28.13.The applicant has the size
burden of proof to show that the standards and conditions of Sections to be posed upon the use of the land, BUILDINGS, and according to the following table:
28.8.3,28.5,and 28.1J are met Ina applicant snail demonstrate: STRUCTURES. Else
28.8.4 That the proposal is consistent with the Weld County 28.9.17 A Planned Unit Development Plan construction schedule Syandard •deciduous 1-iii"to 2"caliper
Comprehensive Plan. showing the approximate dates when construction of the DEVELOP- tree'
28.05 That the USES which would be allowed on the subject MENT is proposed to start and finish.This shall describe the stages in Small ornamental and
which the DEVELOPMENT will be constructed,and the number of flowering trees 1-y:"to 1-y."caliper
property
will conform to
Districtthe contained In Sectance or 35.3 of andards c the Plannedrdi ante. BUILDINGS or STRUCTURES,and the amount of COMMON OPEN
SPACE to be completed at each stage. Evergreen trees 5'to 6' in height
28.8.8 That the USES which would be permitted shall be compatible 28.9.1 B A statement describing the method of financing for the
with the existing or futurerep DEVELOPMENT gg 01 the surrounding area as DevelopmentPMENT .The statement shall include the estimated construction Shrubs Adequate size to design be sistent
ntent
permitted
lojected by t the he COMPREHENSIVE and ith the future PLAN or MASTER LANS of cost and proposed method of financing of the street and related with intent
affected municipalities. facilities,water distribution system,sewage collection system,flood 28.11.23 All plant material must meet specifications of the American
plain protection,storm drainage facilities,and such other facilities as Association of Nurserymen(AAN)for number one grade.All trees must
28.8.7 That adequate may be necessary.
be water and sewer service will made availableballed and budaped or the equivalent.
to the site to serve the USES permitted within the proposed zone 28.9.19 When a proposed STREET intersects a state highway,a
PUBLIC
A PUD district with residential USES shell be served by e copy of the state highway permit shall be provided. 2&1124 No buildings t Dee shall h issued for any spinbuild rig or any
PUBLIC WATER system. portion of a Planned Unit Development until the landscaping required
28.9.20 A copy of agreements signed by agricultural Irrigation ditch by the lantlacepeW tan map is in place or an Improvements Agreement
280.8 That STREET or highway facilities providing access to the omPe a specifying the agreed pop treatment of any problems which complies with the requirements in the Official Weld County
property are adequate in functional classification,width and structural resulting from the location of the uditch. Subdivision Regulations has been executed, guaranteeing said
capacity to meet the traffic requirements of the uses of the proposed - landscaping.
zone district. 28.9.21 Geologic maps and investigation reports regarding area
• suitability,for the propoasdrPUD eDEVELOPMENT.The maps'and cording 5 'be Planned uU i scionDawe requirements.
Pent shall map prepared
hll
In the event that the STREET or highway facilities are not adequate, reports will be furnished to representative of the Colorado Geological according to the following sub`m'ssion requirements to shall be
the applicant shall supply information which demonstrates the Survey Division for reviewed evaluation. drawing ink on mylar or other materiel acceptable to the Department
willingness and financial capacity to upgrade the street or highway I hP wide
Services.ytwenty-four
The rig)inches hns of igh,
map shall be thirty-six(381
g g inches h a by twenty-four un gh,and prepared at a scale is
facilities in conformance with the Transportation Section of the Weld 26.9.22 A certified lint of the names, addresses and the one Inch(1')equals one hundred feet(100 or one Inch(1")equals
County Comprehensive Plan. corresponding Parcel Identification Number assigned by the Weld• wo hundred feet(200')composed of one or more sheets showing the
County Assessor of the owners o property tye t surface tapplication.p a within following information:
seta shall ro shown r submitting,with the Pe t D This roposalish,a floe ce of su h lie feet of the precer of thet to the AseThe
separate proposal for typeit f sad improvements.improvements
men proposal shall source of such list still be the title records r b the Weld County Assessor, 28.11.28 Title,scale,no2h grow,PUD Plan application number and if
the be,in detail,the type of off-site road improvements to determine or an ownership update from a title or abstract company or attorney, name.The date of the drawing with adequate space for revision dates.
if the requirement for STREET or highway facilities providing access to derived from such records,or from the records of the Weld County
the property has been satisfied.The method of guaranteeing the Clerk and Recorder.if the list was assembled from the records of the 28.11.27 Legal description including total area involved as certified
installation of proposed road road improvements shall be described Weld Count Assessor,the applicant shall certify that such list was by the surveyor,and name end address of owner of record.
as part of any off-site road improvements proposal.The method of assembled within thirty(30)days of the application submission date.
guarantee shell conform with Weld Corral's policy regarding 28.11.28 Outline ot the proposed PUD Plan's perimeter, and a
Coloteral for Improvements. 28.9.23 A certified list of the names and addresses of mineral certified boundary and lot survey of the parcel under consideration,
owners and lessees of mineral owners on or under the parcel of land showing all bearings and distances outside the perimeter boundary
An off-site road Improvement proposal shall be used for the purpose of being considered.The source of such list shall be assembled from the Imes or along the lot boundary lines.When the parcel is bounded by
determining compliance with this section. records of the Weld County Clerk and Recorder,or from an ownership an irregular shore line or a body of water,the bearings and distances
update from a title or abstract company or an attorney derived from of a closing meander traverse should be given and a notation made
28.8.9 That there has been compliance with the applicable such records. that the plat includes all land to the waters edge or otherwise On
requirements contained Section 21.6.2.5 m of this Ordinance curved boundaries and all curves on the plat,sufficient data shall be
regarding overlay districts, commercialand so
il deposits, 28.9.24 A sign shall be posted on the property under consideration given to enable the re-establishment of the curves on the ground.This
conditions on the subject site, for the Planned Unit Development Plan.The sign shall be posted by curve data shall include the ollowi g for circular curves:(1)radius of
the applicant,who shall certify that the sign has been posted for at curve,(2)central angle,(3)tangent,(4)arc length,and(5)notation of
28.8.10 Upon the BOARD making its final decision, record resolution least ten(10)days preceding the hearing date.The sign shall be nontangent curves.
record setting forth that decision shall be dratted and signed.A of provided by the Department of Planning Services.
such action and a copy of the resolution will be kept in the files of the 28.11.29 Lot area in square feet or acres if larger than one(11 acre,
Clerk to the Board. 28.10 111 ions.
lot and blocks delineated layout and numbered consecutively,existing and
28.8.11 The Board shall arrange for the Office of the Weld County 28.10.1 Illustrations of the proposed architectural style for the proposed fines forrr ae street n in adjacent de land
lines end existing do t e streets
Clerk and Recorder to record the resolution and,if the proposed Planned Unit Development.The illustrations shall show layout,profile, Planneed Unit Deveopmentf Plan Application, subject to the current
change of zone to a Planned Unit Development is approved the computations,and design detail of all BUILDINGS and STRUCTURES.
rezoning plat. In addition,the m tesaIs, color,scale,and coordination of buildings 28.11.30 Location and description of uses by block or lot if different
an
d structures with surrouriang land-uses shall be described.The uses are located within the block
28.8.12 The change of zone to a Planned Unit Development District design objectives of the PUD plan and architectural style must be
shall be immediate upon the voting by the Board.However,no building dear and supported by a written statement. 28.11.31 Location,description,and dimensions of all proposed and
permits shall be issued and no DEVELOPMENT started within a PUD existing commercial,industrial,and office buildings,structures,open
District until a PUD Plan is adopted and recorded by the Department 28.11 Maps. storage areas, ing rev, parkin lots, nommen open space, signs,
of Planning Services.
lighting,re within
the PUD,and any other development,improvement
28.9 Planned Unit Development Plan Application Submittal 28.11.1 A utility plan map shall consist of a drawing of the Planned or feature within PUD Plan's boundary.
28.9.1 An applicant may submit an application for a PUD Plan hundredUnit vfeet(100'1 port once it a scale of inch 11"1 equalsntwo hundred feet 1s one(200' 22.11.32 Location and description of FLOOD and GEOLOGIC
provided that the Planned Unit Development Plan is located within an ( ) HAZARD AREAS.
fisting Planned Unit Development District. A Planned Unit Composed,? one or more sheets with an outer dimension of twenty-
Development Plan may encompass all or part of a Planned Unit four(24)by thirty-six(36)inches showing me following information: 28.1 1.33 Location d description of proposer SCREENING,
Development District The uses shall be identical to those located andbuffering,and LANDSCAPING.
described on the Planned Unit 5evelopment District plat. 28112 aA utility plan showing the easements for water,sewer,
leciriG gas, telephone, and any other utilities within the PUD. 28.11.34 Location end description of proposed sites to be reserved
28.9.2 The fallowing mplated information,data,and ape ere Easements shall be designed to meet the Weld County Subdivision or dedicated for Perks,playgrounds,schools,and artier public USES.
required unless waived cby the Department of Planning Services. Regulations for easement standards.
2011.35 posed Location,description and dimensions of all existing and
28.9.3 Written Documents 28.11.3 A utility service statement block shall apear on the map. proposed utilities, easements, rights-of-way, waterways and other
The block shall identify each special district,municipality,vel or utility drainage systems,and any other significant features,as determined by
28.9.4 A copy of a certificate of title issued by title i company Intended to service the Planned Unit Development.The the Department of Planning Services.
company or an attorney's opinion of the title which shall set forth the block shall include:
names of all owners of property included in the PUD Plan.The list 28.11.38 Parcels not contiguous shall not be included in one plat
shall inclue all mortgages,judgements,liens,easements,contracts, 28.11.4 The name of the utility. nor shall more than one(1) plat be made on the same sheet.
in
and agreements of record in Weld County which shall affect the 28.11.5 A dated Si nature and statement from the utility's Contiguous parcels owned by different parties may be embraced
property the Planned Unit Development Plan. If the attorney's g one(1) plat, provided that all owners loin in the dedication and
any of the above then the presentative indicating one of the following: 1)Service is available, acknowledgement.
opinion or certificate of title discloses
holders or owners of such mortgages,judgements,liens,easements, X21 service s available subject to specific conditions,or(3)service is
of available for the Planned Unit Development.In the event number 28.11.37 The following certificate blocks shall appear on the plat
on(racta or agreements shall h required to join end approve the
(2)is indicated,the specific condition shall be described. and shall be completed at the appropriate time. The certificates
application before the Planned Unit Development Plan shell be acted
upon by the Board. 28.11.6 Plena, profiles end typical cross action drawings of required are a surveyors certificate
of
a certificate by of approval by the
d all drainage detention wins end Planning Commission;a certificate of approval by the Board of County
28.9.5 A certificate of title or an abstract of title coverings all PUBLIC STREETS,bridges,culverts, g Commissioners; and certificate of dedication, ownership and
dedications.When the applicant is to dedicate land for schools,roads, STRUCTURES.These STREETS,BRIDGES,CULVERTS AND OTHER maintenance by parcel owners regarding COMMON OPEN SPACE,
parks, or other PUBLIC purposes, letter f tent from the DRAINAGE STRUCTURES shall be designed and constructed to meet dedication of rights-of-way, easements, and other public property
appropriate PUBLIC agencies stating that the dedicatedofirate lands will be the requirements of the Official Weld County Construction Standards interests and maintenance thereof.
accepted. cad the Official Weld County Subdivision Regulations. Pavement
design computations and drainage design computations shall also be 20.12 Duties of the Department of Planning Services. The
28.9.6 A warranty deed or other suitable document ready to execute submitted in accordance with the Weld County Subdivision Department of Planning Services shall be responsible for processing
which deeds to the appropriate PUBLIC body all lands other than Regulations. all applications'for a-Planned UnitDev mat
allot Plan.The Department
STREETS which are to be held for or used for PUBLIC purpose. 28.11.7 A grading end drainage plan map shall consist of a drawing andrl nave the tsar met tity ot ensure mar ell application h procedures
ou the
of the Planned Unit Development District and project eta scale of one and Department ll are prior to any official action.The duties of the
28.9.7 Certificate from the County Treasurer showing no delinquent
shall be:
taxes on the property of the proposed PUD Plan. inch(1")equals one hundred feet(10O)or one inch(1")equals two
hundred feet(20(Y)composed of one or more siesta wth an outer 28.12.1 Planned Unit Development Plan.The Department f
28.9.8 Certificate from a qualified engineer responsible for the dimension oftwenty-four(24)by thirty-six(36)inches showing the Planning Services shall ensure that a proposed PUD Plan is located
that the
design of the utilities. following Information: with a Planned Unit Development District.Upon determining
Plangsubm submittal
applicant has met the Planned Unit Development
28.9.9 Copies of all deed including those required by 8.11.8 A grading anddrainage plan indicated by solid line contours requirements in o 28.8 the Department shell institute the
the Board of County Commissioners restrictions,ionnm to govern n the future use of all superimposed on dashed line contours of existing topography for the applicable proceduresunder Section 21.4 of this Ordinance.
land in the Planned Unit Development site. area of the Final Plat.Such contours shall be at two(2)foot intervals
for predominant around slopes within the tract between level and five
20 — Breeze A ril 9 1987
•
Public Notices
•
28.1recommendation2TheDepart to ment
t Planning Planning Services al shconcerning allprovidee and a Site-Plan Review Application has been approved by the County Subdivision Rsputefone and Section 30-51-101,et seq.,of the
disposition of the requested Planned Unit Development Pla Department of Planning Servos. Colorado Revlaetl Shsgutea as ementled.
28.13 Duties of the Weld County Mourning Commieelon. 28.15 supplemental Procedure.and Requirements. Add a new section 54 to read:
28.13.1 The Planning Comiealon shell hold a public hearing to 28.15.1 Amendment toe Planned Unit Development District. 54 Manned Unit Development Overlay District
plan g Each approved Planned Unit Development District is considered
consider
an fnd provide Development
velo recommendations a plans licetlon.Board PIf Cou^� unique,and the USES described by block and/or lot within a Planned 54.1 Finding of Foot.There are unincorporated areas within Weld
Commissionersshallprid the tlmendatin u to fe aBoar requestedCounty
Unit Development District shall only be amended by applying for a County with unique features, such as availability of urban-type
Unit issioners concerning e SuchdIsporecommendations ionof
shall be made Planned change of zone to a new Planned Unit Development District.These services and facilities which may be suitable for mixed land-uses,
sixty ear days of the The Planning be ma within ton procedures are contained in Section 28.5 of this Ordinance. provided that adverse impede of different land-uses are minimized.It
shall 801 y Initial approval hearing date tu0Tt for the Planned Commission
is recognized that in certain circumstances it may be desirable to
recommend
end appro it fl of that the applicant toe not met one UnItt 28.15.2 Amendment to a Planned Unit Development Plan.Any provide a greater range or mixture of USES in an area than would be
more of the applicable requirements or conditions of Sections 28.9, Deveopuest ment make
Pl n shall be r change
as an approved e lissd fora under n standard zoning system p Is further recognized
28.11.1,and 28.13.The applicant has the burden of proof to show thatapplication that the Planned Unit Development procedure permits a greater range
the standards and conditions of Sections 28.9,28.11.1,and 28.13 are Tanned Unit inclDevelopmentude,
but
no Plan under Section 289 of this tangOrdinance.or of flexibility tnan the ofand to zoning system which does not trays
met The applicant shall demonstrate This may approved
d not ed limped el regent P for vacating or balance the capacity u a site with compatibility to the neighborhood
of majjoran aproved Plan or nned c Unit Development Plan for the purpose
28.13.2 That the proposal Ia consistent with the Weld County Services may waive application requirements Department
do notfpertaini to Deveop2 mennOverlaysDistrlcctt regulations shallof the
to:Planned Unit
Comprehensive Plan. the proposed major change to the PUD Plan. M quality
and 28.13.3 That he Planned Unit Development Plan conforms to the 28.15.3 Ylnor YsdMantlaes to■Panned Unit Development eeterysyl and e adverse
operty impacts
2 th n tie 1--25 r xed-Use DevelotymentlA ea end
PUD Dletrlu In which it la proposed to be located. pan, The Department of It De °rxe may approve Ingo! Actloey Center by requiring nmmercieI end ndustte development
28.13.4 That the USES,BUILDINGS,and STRUCTURES which would modifications to a Planned Unit heverop rot Plan-The isrlicuir shall and subdivisions and residential aubdivialona to use the Planned Unit
be permitted shall be compatible with the existing or future prove to the Department that the minor foreseen tion is required by Development procedure
DEVELOPMENT of the ounding area as permitted in the existing fuure engineering or other circumstances not during the approval
zoning,and with t future DEVELOPMENT sit projected the by the of the Planned Unit Development Plan The Department shall not Promote a better quality of life within he I-25 Mixed Use Development
COMPREHENSIVE PUN or MASTER PLANS of affected municipal-bythe approve a minor modification if that modl8catlo^don not cotton to Area and Activity Center by using a procedure designed to prows
hies. the Planned Unit District. or he orderlydevelopment of compatible land-uses and to protect the
Development environment
28.13.5 That there has been conformance with the Performance Boa d of County 15.4 Commisssioners may,without on to a Pi nnnnn Unit a hearing or compliance Provide a pocedure which will allow lend-use flexibility Ina manner
Standards outlined in Section 35.3. with any of the submission referral or review requirements of the consistent with the Weld County Comprehensive Plan.
28.13.8 That there will be compliance with the Weld County Zoning Planned Unit Development{Ilan regulations,approve a correction to a
Ordinancs,Section 50,Overby dlntrlote 8 the proposal is located Planned Unit Development Plan If thesole purpose of such correction 54.3 Uses Permitted.All uses Hated as allowed by the Planned
Rhin any Overlaydo District area identified by gape officially adopted located
by is to correct one or more technical errors in an approved Planned Unit Unit Development Change of Zone District Application and which
Weld County. Development Plan and where such correction is contestant with its qualifyas a Planned Unit Development according to the Weld County
approved Planned Unit Development District Zoning Ordinance.All uses by right and accessory uses permitted
28.13.7 That there has been compliance with the submittal under the current zoned district within the overlay district
requirements of the Planned Unit Development Plan,and that the 28.15.5 Failure to submit a PUD Plan.If no PUD Plan application
Planned Unit Development Plat the documents satisfy la submitted within one 1)year of the date of the approval of the PUD 54.4 Requirements.Commercial and industrial developments and
the legitimate concerns the and th supporting Com oc District,the Planning Commission shall require the landowner to subdivisions and residential subdivisions shall use the Planned UMt
appear before it and present evidence sub.tentlating that the PUD Development procedure within the I-25 Mixed-Use Development Area
28.13.8 The Secretary of the Planning Commission shall forward the project has not been abandoned and that he applicant possesses the and Activity Centers.All Planned Unit Developments within the I-25
official of the Plnning Commission end the when roses and ability to continue with the submittal of the PUD Plan. Mixed-Use Development Area shall have PUBLIC WATER and PUBLIC
o f cial recommendation'n the official record, which Includes the The Planning Commission may extend the date for the submittal of the SEWER system.
Department of contained
n Services case file,to the work to Includes
des t of pUD Plan application and shall annually require the applicant to
County ant of la Commissioners within ten 10 days otter said k come Boar recommendation demonstrate that the PUD has not been abandoned if he Planning 54.5 Bstobllebment of the Planned Unit Development Overlay
has been mode. ( ) ys Commission determined that conditone or one pmts made District.There is hereby established in Weld County,Colorado,a
supporting the original approval of the PUD Zone District have Planned Unit Development Overlay District
28.13.8 If the Planning Commission's recommendation is conditional Planninchanged or that the landowner cannot implement the PUD Plan,the
upon the applicant completing certain specified items prior to he Commlasionerr Commission
I the PUD District approvmmend al be rev the oked i of f the Board The unincorporated area Development
County^knovwin tan the includes
all
Publication then the ten notice r the 10 day hearing by the Board of County agrees after a public hearing,the Board may revoke the PUD zone Development Area and Activity Center A map of the I-25 Mixed-Use
( ) period shall commence upon district and order the recorded PUD zone district reverted to the Development Area and Activity Center is shown in Figure 1 of the
submission of the items by the applicant to the Department of original zone district. Weld County Zoning Ordinance
Planning Services. Zoning
28.14 Duties of the Board of County Commissioners, 28.15.8 Failure to Commence a Planned Unit Development Interpretation of the Planned Unit Development Overlay District
Man if no construction has begun or no USE established in the boundaries,location of LOT lines with respect to he boundaries and
Planned Unit Development within one(1)year of date of the similar questions shall be determined according to Section BO of his
28.14.1 After receipt of the Planning Commission's recommendation,
the Office of the Board of County Commissioners shell: approval of the Planned Unit Development Plan, the Planning ordinance.
Commission may require the landowner to appear before it and
28.14.2 Set a Board of County Commissioner'public hearing to present evidence substantiating that the Planned Unit Development
take place not less than thirty(30)days and not more than sixty 601 project has not been abandoned and that the applicant possesses the
days,after receipt of the Planning Commission's recommendation,for willingness and ability to continue the Planned Unit Development.ofthe la The 1-25 MIXED-USE DEVELOPMENT
Consideration of the proposed Planned Unit Development Plan. Planning Commission may extend the date for in annually
of require
Planned
Unit Development rate that end shall enevelo require the AREA AND ACTIVITY CENTERS
28.14.3 Arrange for legal notice of said hearing to be published once applicant to demonstrate that the Planned Unit Development heft not .
in the newspaper designated by the Board of County Commissioner been abandoned. If the Planning Commission determines that •! ter,
for publication of notices,At the discretion of the Boardof County conditions supporting the original approval ofthe the Planned Unit ^^ I 1
Commissioners,a second notice may be published in a newspaper Development Plan have changed or that landowner cannot o I I I 'I
which is published in the area in which the Planned Unit Development implement the Planned Unit Development County n the Commissioners
I I I""I = 1 - J I.,.
Plan is Commission th1e Plan aapprovl recommend to Board of
create proposed.u ictional failure tot In publish
hearing second
process.tThe sdate nof that c the PUD may withdrawn.the Planned the Unit n.g re" era —al w I y I "I t I.tr ""1 zYl
publication shall be at least thirty(301 days prior to the hearing laic hearing,d the Board revoke the Development
gg public and orrisr the recorded Planned Unit Development Plan vacated. I ( I I � .��� �..
u8:14:4 1 consideration rronge for the he applicant
to Detest a signet n on
P the h pey 28.15.7 Enforcement of the Planned Unit Development Maw I "s I I I I J a B�I� I I�
to the requirements of Section 21.4.2.5. according The Planned Unit Development Plan's E oh fI enforced schedule entl the •R I �m ,.� I I
maintenance d COMMON OPEN SPACE ah�,ll be COMM as follows .■■■ I ■�■E� ■ I I'■�
28.14.5 Give notice of the proposed Planned Unit Development Plan 28.15.8 The Construction and provision of all COMMON OPEN ,
and the public hearing date to those persona listed In the application SPACE,public unities,and recreatonal facilities which are shown on ^, I I I as owners and lessees of the mineral estate on or under the parcel he Planned Unit Development Plan shall proceed at a rate which is no
under consideration Such notification shall be mailed,first clean,not slower than the TRUCTUlon of residential,commercial or Indus ... I . I. i
ess than ten(10)days before the scheduled public hearing.Such BUILDINGS and STRUCTURES.Periodically,the Planning Commission notice in not required by Colorado State Statute and is provided as a or Its representative shall compare the DEVELOPMENT to date with � I �:!T"`�'s I
courtesy to the owners and lessees of the mineral estate on or under the approved construction schedule
the parcel.Inadvertent errors by the applicant in suppyingQ:!��such list or : ' _25 t ) I �I♦���
the Board of County Commissioner in sending
ding such
even such shall
not
28.15.9 All developments shall meet the requirements herein set $I 1 i le'. °.'ou at r J�I■��v�■��create a jurisdictional defect In the hearing forth and no final plan shall be approved that does not meet these ■a the failure of s surrounding property owner to receive such requirements. ..
notification.
'i ■I!l_ U
28.14.8 Give notice of the proposed Planned Unit Development Plan 28.15.1r The developer the
shell submit a legal instrument ce of forth 1 - r I
and the public hearing date to those persons listed in the application a plan providing al the permanent care and maintenance of open .■■I Imp ■.■`. u I .■
as owners and lessees of he mineral estate on or under the parcel paces recreational areas and commonly owned facilities and harkn t
under consideration.Such notification shall be mailed,fart class,not lots.The same until l be
approved
as to lto egal form
Attorney and shall not ..■.�■.5=�■■■.■��■ ■■■■
ess than ten(10)days before the scheduled public hearing"Such be accepted unrll a vroved as to legal form and shied if the common {a` •
notice la not required by Colorado State Statute and is provided as a Gall.path Is Beetled to a documents
governing ovt'association,cia on.Such ) ■.�,�j{...„e,o u.�■■■.■■■■■
e gather proposed hecf l the association.Such thecourtesy 1. the owners and lessees a the rot to mineral estate on or lis or documents shall meet the following r I ",".'..■ I' - -i''^°' III
the parcel.Inadvertent errors by the applicant in supplying such list or equlremenaa ,
the Board of County Commissioners in sending such notice shall not 28.15.11 The homeowners'association must be established before ~", d� —ai '� I ��create a jurisdictional defect in the hearing process even if such error �• tj
results in failure of a surrounding property owner to receive such any residences are sold ■..��■u I I I
notification. 28.15.12 Membership In the association must be mandatory for each 's .■ eI I ■ .
residence owner.
28.14.7 The Board of County Commissioners shall hold a public
hearing to consider the application and to take final action thereon. 28.15.13 Open space restrictions must be permanent and not fora '. .� ruin cl rat ■■��'.� ■ ■
The Board shall make n decision In on the application deision within sixty parted of years, I .. ■ ,■■
days of the initial hearing date.In making a decision on the pro 3y,'-W-rI-J
Planned Unit Development Plan, the Board shall consider the 28.15.14 The homeowners'association Must be made responsible P F.
recommendation of the Planning Commission,and from the fads for liability insurance,taxes,and maintenance of recreational and
presented at the public hearing and the information contained in the other facilities ^"
official record,which includes the Department of Planning Services '
case file.The Board of County Commissioners shall approve the 28.15.15 The association must have the power to levy assessments request for the Planned Unit Development Plan unless it finds that the which can become a lien on individual premises for the purpose of N
applicant has not met one or more of the applicable requirements or paying the cost of operating and maintaining common faciiltle& eats
conditions of Sections 28.9,28.12.7,and 28.13.The applicant has the
burden of proof to show that the standards and conditions of Section 28.15.16 If the organization established to own and maintain
Figure I •y,
28.9,28.12.7,and 28.13 are met The applicant shall demonstrate: COMMON OPEN SPACE, or any successor organization fails to "�':
28.14.8 That the proposal is consistent with the Weld County maintain the COMMON OPEN SPACE In reasonable order and
Comprehensive Plen. condition in accordance with the approved Planned Unit Development The above and foregoing Ordinance was,on motion duly made and
Plan,the following action may be taken: seconded,adopted by the following vote on the day of ,AD.,
28.14.9 That the proposed PlannedUnit Development Plan conforms 1987.
Planned
to the Planned Unit Development in which It la proposed to be 28.15.17 The Board of County Commissioners may serve written
located notice upon such o anization or upon the owner or residents of the BOARD OF COUNTY COMMISSIONERS
Planned Unit Development setting forth that the organization has WELD COUNTY,COLORADO
faile28.14.10 That the USES, BUILDINGS,and STRUCTURES
RREr which shall d include to pa demand that th with the Planned Unit
deficienlcies o maintel be nance eopment Plan.Said tlbe
would be DEVELOPMENT oftlthe sul rrounding
undin area as compatible ith the permitted by the existing BBard within fourtd within ee(n0(14)days of the issuance of sereof.A hearing uch notice,sett the ing Gordon E.Lacy,Chairman
COMPzoning,and with the nd with the f utureMDEVELOMENT as PLANS of projected bymunic hale forth the time,date,and place of hearing.The Board may modify the
ties. terms of the original notice as to de5olencles and may give an C.W.Kirby,Pro-Tern extension of time within which they shall be rectified.
28.14.11 That there has been conformance with the Performance 28.15.18 If the deficiencies set forth in the original notice or In the Gene 0.Brantner
Standards outlined In Section 35.3. modification.thereof are not rectified within thirty(30)days or any
28.14.12 That there has been compliance with the Weld County extension thereof,
the Planned Unl in vsper velpreserve
p sent and
to Prevent tthe Zoning Ordinance,Section 50.Overlay Districts If the
eapr adopted is COMMON OPEN SPACE from becoming a public nuisance,may enter Jacqueline Johnson
located within any Overlay District identified upon said COMMON OPEN SPACE and maintain the same for a
by Weld County. period of one(1)year.Said entry and maintenance shall not vest in Frank Yamaguchi
28.14.13 That there has been compliance with the submittal when the sam PUBLIC e is voluntarily dedicated hta to use ceatetl to the PUBLIC by the owneON OPEN SPACE rs ATTEST:
requirements of he Plan Unit Developpmpeeltingl0n,and t satisfy tat the hne and accepted by the Board of County Commissioner.Before the
Unit Development Plan Plat and the six expiration of said one 1 Weld County legitimate concerns of the Board () year ring to, one Board the of County to Clerk end Recorder
cContinuing
me shall cell a public hearing Lodi consider tics of
of and Clerk to the Board
No Plan Unit Development Plan Piat shall be recorded In the office of hhearings each maintenance for not
less than
thirty
year.Notice of the
the Weld County Clerk and Recorder and no building permit shell be more ng shall be(60n,In s p8o not less a to
the organization
and not De:
issued for the PUD Plan until the following has occurred. m normally
sixty Sbls days prior mton this hearing to the organization Deputy County Clerk SPACE
ry and
to
t e for the maintenance re ae of the COMMON OPEN
The Board of Commissioners must approve all improvement Develo een If the owner or residents such organization
Planned Unit APPROVED AS TO FORM:
agreements guaranteeing the Installation end type of im ovementsf ready
Development If maintaine Board a COMM hat PrCE In rea sable
cluding a separate ff-site oatl mprovement agreement rends end ebb andmayvo said COMMON mai OPEN SPACE In ONsOPEN
applicable.All agreements must be made' conformance with the condition,the Board may continue to maintain and said COMMON t to a County Attorney
policy regarding Collateral for Improvements. SPACE during the next succeeding year,and shall bere subject to a FIRST READING: March 19,1981
similar hearing and determination in each year thereafter. PUBLICATION: March 19,198>
28.14.14 After the Board of County Commissioners makes its final 28.15.19 The cost of,such maintenance by the Board shall be paid FIRST REAPING'APPROVED: Marra 23,1981
drafted n end resolution
A setting
c0 d forth
of such action Board's
and adecision
copy shall
be by the that the have owners of the properties of wthe inCOMMON the Planned OPEN Unit Development
any SECOND PUBLICATION OF FIRST',FADING: March 16.1981
resolution shall he kept In the files of the Clerk to the Board. rhea a right of s sh become the SPACE and any
unpaid t to Smelts shall 5f h tax lien on said properties,les, SECOND READING: April b,1981 FINAL PF.AD2NG: April 20,1981
28.14.15 The Board shell the for the Office of the Weld County pursuant to Section 24-87-105 of the Coloretlo Rrwlastl Statutes, PUBLICATION: APr1I 9,1981 PUBLICATION: April 2J,190)
Clerk and Recorder to record the resolution and the proposed Planned 1973,as amended. - p
Unit Development Plan if it js approved No building permits shall be 28.15.20 Yonumeas.Permanent reference monuments shall be Pffectiva Oars, _ Aprtu zs.19s,issued until the Planned Unit Development Plan has been recorded set on the Planned Unit Development according to the Official Weld Published In the Johnstown Breeze
AFFIDAVIT OF PUBLICATION
THEJOHNSTOWNBREEZE
STATE OF COLORADO
ss
COUNTY OF WELD
1, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March 3, 1879, or any
amendments thereof, and that said
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the.
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was published in the regular and
entire issue of every number of said weekly
newspaper for the period of ..1I_ consecu-
live insertions; and that the first
publication of said notice was in the issue/
said newspaper dated 3.'72. A.D. it,d
and that the last publication of said notice
was in the issue of said newspaper dated
, A.D. 19
In witness whereof I have hereunto set
my hand this ....3. . day of .J1?A-
A.D. 19.C) 17,C4, Publisher
Subscribed and sworn to before me, a
Notary Public in and for the County of
Weld, Slate of Color', this .1.4 . day of
A.D. I
G .e /746.77
Notary Public.
My commission expires
l;.ne 43, 1;87
pooch fwcnl,. •
•
14—Breeze,March 26,1987
Public Notices
•
ORDINANCE 84J 28.3.29 The proposed location of any other circulation system or 28.5.18 A certified list of the names and addresses of mineral
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH trails. owners and lessees of mineral owners on or under the parcel of land
AMENDMENTS,AND ADDITION CERTAIN SECTIONS being considered.The source of such list shall be assembled from the
ORDINANCE NDM NO.89,THEAS CURRENTLY OF AMENDED,WELD SECTIONS
TO 28.3.30 The location of any existing unique features within the records of the Weld such records clerk and Recorder,or from m ann or an
DINA ORDINANCE,89E. REVISING LYD ADDING CERTAIN PRO- Planned Unit Development project, i.e., o l wells, tank batteries, update r ,derived ed from such of a title or abstract company or an
ZONINGS.TERMS,AND REQUIREMENTS. irrigation ditches,water bodies,railroa racks,easements,rights-of- attorney, from such records.
way,etc.
28.5.19 Such additional information as may be required by the
WELD COUNTY,COLORADO: 28.3.31 The approximate location of any proposed existing Department of Planning Services,the Planning Commission or the
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
landscape features. Board of County Commissioners in order to determine that the
WHEREAS,the Board of County Commissioners of Weld County, application meets the goals,policies,and standards set forth in this
Colorado,pursuant to Colorado statute and the Weld County Home 28.3.32 Tne g neral location o/any flood plain,geological hazard, ordinance and the Weld County Comprehensive Plan.
Rule charter,is vested with the authority of administering the affairs of prof cirport Overlay districts within the Planned Unit Development
Weld County,Colorado,and
project 28.5.20 Planned Unit Development District Plat
WHEREAS,the Board of County Commissioners has the power and 28.3.33 Vicinity Map. 28.5.21 A PUD District plat shall be delineated in drawing ken
authority under the Weld County Home Rule Charter and . mylar(not sepias at a scale of one inch(1")equals one hundred feet
Sutton,including Article 28 of Tine 3H,CRS and Articles r5 and S State 28.3.34 The vicinity map shall be drawn at a scale of one inch(1") one
or one ' an two hundred me feet twenty-four w composed(2)on
Title 24, CRS, to adopt zoning and planned unit development equals six hundred feet(600'),composed of one or more sheets with onr or Score sheets with an outer dimension gn f (24)by
regulations for the unincorporated areas of the County of Weld,and s outer a ollo of twenty-/our (24) by thirty-six (3fi) inches thirty-six(36) has,showing the following information:
showing the following items:
WHEREAS,the Board of County Commissioners of Weld County, 28,3.35 Existing zone districts within one-half h mile of the 28.5.22 Certified boundary andand clan rives of the outside that elr under
iof t er
Colorado, has previously adopted Ordinance No 89,Weld County onsideration showing all bearin
Zoning Ordinance, establishing n a comprehensive revision of th boundaries of the Planned Unit Development protect. boundary lines or along tract boundary lines.The closure error of the
zoning regulations end zoning cps for the unincorporated areas of survey may not exceed 1:5,000.
the County of Weld,and has adopted amendments in Ordinances 89-A 28.3.36 The existing uses within one-half(`h)mile of the boundaries
through 89-I,and of the Planned Unit Development protect 28.5.23 Legal description,including total area involved,as certified
by the surveyor.
WHEREAS, said Ordinance No. B9, as amended, is in need of 28.3.37 The existing street antl highway system within one-half(Y:)
revision and clarification with regard to procedures, terms, and mile of the Dountlaries of the PlanneE Unit Development project. 28.5.24 Title,scale,and north arrow.
requirements therein. 28.4.1 Preepplleatlon Con .A Planned Unit Development 28.5.25 Date of drawing.
NOW, BE IT ORDAINED by the Board of Count Sketch Plan shall be submitted prior to a submittal of a Planned Unit
Commissioners THEREFORE E Weld County,Colorado,that certain B sections of County
l Development District change of zone application.The Department may 28.5.26 The following certificates shall appear on the map:
Odinance No.89, s amended,are repealed and re-enacted,with Development Sketch to Plan.Aftterfi s review,the Departmeor its review of the nt of Planning
amendments,and the addition of cetain sections as follows: a lanned Unft 28.5.28 Surveyors certificate.
Services shall arrange a preapppurpos conference between the
Repeal and Re-ahem Section 28 to read: applicant and the Department The purpose of the conference shell be 28.5.28 Planning Commission certificate.
to acquaint the Department with the proposed Planned Unit
28 Peea.durea and Requirements of the PUD District to
and to familiarize the applicant with the change of zone 26.5.29 Board of County Commissioners certificate.
to a Planned Unit Development District and the Planned Unit 28 28.1 intent. This Section establishes the review and application Development procedures.The Department shall-be responsible for •
sident0 The proposed location of o land-uses by block including block
procedures and requirements for a Planned Unit Development Sketch advising the applicant of any problems discovered during the review of size in acres, gross density, number,and height of each type of
Plan,Change of Zone to a Planned Unit Development District, for the Planned Unit Development Sketch Plan. esidentiel unit; approximate nfloor areas, hefoht; and type of
a Planned Unit Development Plan.All proposed amendments and and businesses, commercial, and industrial uses; and then location of
minor modifications el an approved Planned Unit ardine n 28.5 PUD District Application Submittal.The following completed common open areas,isc public parks,school sites,and similarvUses.
shall subject theDevelopment plan formation, data, and maps are required for a Planned Unit
u I procedures stated this Section. When Development change of zone district. 28.5.31 The proposed location of the traffic circulation system,
pplicable,the supplemental procedures of this Section shall also including road classification,right-of-way width,
apply.All applications fora Planned Unit Development District shall 285.1 Written Documents. and access to public rights-of-way. road surface width,
cornply with the provisions of Section 35. The Planned Unit
Development District snail be subject to the requirements contained in 28.5.2 The PUD District application forms and 28.5.32 The location of
Section 40,Supplementary District the requirements
and Section 50, DP application lee. any existing easements, rights-of-way,
Overlay Districts. structures,and uses within the PUD District including,oil wells,tank 28.5.3 A statement describing the proposed PUD Concept,land- batteries,irrigation ditches,water bodies,railroad tracks or dwellings.
28.2 Proapyylieation Confennes.Any person wanting to apply fora use(s),and architectural style f the PUD.
Change of Zone to a Planned Unit Development District shall arrange 28.5.4 A statement which demonstrates the 28.6333 The proposed location of any other circulation systems or
for a preapplicatlon conference with the Department f Planning consistent with the policies of the Weld County Comprehensive
trails within the PUD District.
Services. The applicant shall submit a planned unit development plan. poi y pr 28.5.34 Planned Unit Dwelo
sketch plan to the Department of Planning Services for review,prior to pment District Vicinity Nap
my oration taast ion con in erice.The applicant snail submit the required 28.5.5 A statement which demonstrates how the USES allowed by
28 5.35 A PUD District Vicinity Map shall be delineated.in drawing
formation statedthis section. the proposed PUD rezoning i k n ylar(not sepias) at a scale of one inch 1"
will es compatible within the PU hundred feet 1200'),composed f one or ( )equals two
28.3 Sketch Plan Application Submittal. • District. In addition, a detailed description of how any conflicts
more sheets with an outer
between land-uses within the PUD District are being avoided o dimension f twenty-four(24)by thirty-six(361 inches,showing the
28.3.1 The following completed information,data, and maps are mitigated and can comply with Section 35.3 r following information.
required:
28.5.6 A statement which demonstrates how the USES allowed by 28.5.36 An outline of the perimeter of the proposed PUD District.
28.3.2 Written documents. the proposed PUD rezoning will be compatible with land-use
28.5.37 Title,Scale, and north arrow.
28.3.3 The Planned Unit Development Sketch Plan application forms surrounding the PUD District In addition, detailed description of
and application fee. how any conflicts between land-uses surrounding the PUD District are 28.5.38 Contour lines at ten(10)foot intervals.
being avoided or mitigated.
28.3.4 A general statement describing the concept,land-uae(s),and28.5.39 The identification of all zone districts within one-half(Y�)mile
architectural style of the Planned Unit Development project. 285.7'8.description of each business within the PUD.A description of the boundaries of the Planned Unit Development District.
of all buildings,structures,and open storage areas,including size,
28.3.5 A general statement describing the size and type of any floor area,and height A description er of the type of residential units 28.5.40 The'tlentification of all uses within one-half mile of the
public and private open space and semi-public uses,including Dark within the PUD,including bar of units.
boundaries of the Planned Unit Development District.
recreation areas,school sites,and similar uses. 28.5.8 A description of the size and type of any private 28.5.41 The existing street and highway system within one-half(`h)
open s public and mile of the boundaries of the PUD District, including road
um 3.6 A general statement which describes: The approximate space and semi-public uses,including paks,recreation areas, classification,right-of-way width,and road surface width.
be and type of residential units,approximate number,floor area,
school sites,fire and sheriff substations,and similar ses
height,and type of business commercial,and industrial buildings 2a.a.g Aspese�ssse.oHMe.wNers S4 TU^
w" -enverarea „ e e.nrtmaner„drnberandsize of any open storage from the representative of the provider of the water system which^ 2R Mst,.�_ ^r wrd_JYsotN�mew"Minn-the
ae An estimate of the number of employees for the business, p proposed PUD district
commercial and industrial l uses that the water supply quality and quantity is sufficient to meet the requirements of the uses within the PUD District A PUD 28.5.43 The location of any GEOLOGICAL HAZARD areas within the
28.3.7 A general statement describing the Planned Unit district with Proposed PUD District.
residential USES shall be served by a PUBLIC WATER
Development's source of water and type of system. system.
28.5A4 The 28.5.10 A description of the sewage proposed PUD I District.
n of any Flood Hazard Area on the within the
233.8 A general statement describing the Planned Unit a sewer system,a statement from te representative of the provider is of
Development's type of sewer system. the sewer system utility which demonstrates that the disposal system 28.5.45 The location of on-site detention areas to be incorporated
28.3.9 A will adequately serve the uses within the PUD District. Y in
general statement describing the Planned Unit the storm drainge systems, the fang notes indicating the
Development's vehicular circulation system of local,collector, and approximate area and volume of facility.
arterial streets.The general statement should include:width or road 28.5.11 A description of the functional classification,width and
rights-ot-way,width of road surface,width of borrow ditches,type of structural the cheacity District.f the SiR the trtl t orh fa figs vies p ovidine 28.5.46 The location of any drainage ways within Me proposed PUD
surace,off street arking areas,loading zones,manor points of access access to PUD ri If the street at highway then requirements
irements district.
to public rights-of-way,and notation of proposed ownership of the faccess to the d District are not adequate s u meet the r anion wh
circulation iler,public or private.(Design Standards for streets are of the proposed district the applicant andinshall supply information which 28.5.47 The location and identification of any landscaping plans for
listed in the Weld County Subdivision Regulations.Weld County road demonstrates the willingness and financial capability to upgrade the the perimeter of the proposed PUD district.
classifications are listed in the Weld County Comprehensive Plan. STREET or highway facilities in conformance with the Transportation
Section of the Weld County Comprehensive Plan.This shall be shown 28.6 Dulles of theDepartment of Planning Services. The
28.3.10 A general statement describing any other proposed by submitting,with the Planned Unit Development District application, Department of Planning Services shall be responsible for processing
circulation 28.310systems of trails,i.e.,pedestrian,horse riding,runways,or a separate Improvements agreement describing the proposed road all applications ee for a Change of Zone a Planned Unit Development
taxiways. improvements and method of with guaranteeing installation of said District.The Department shall have the responsibility to ensure that all
improvements in conformance the Weld County Policy on application procedures and requirements are mat prior to any official
26.3.11 A general statement describing the plan for drainage and Collateral for Improvements.The agreement shall be used for the action.The Duties of the Department shall be:
storm water a statement
to Design t dStandards for Storm Drainage and purposes of review,evaluation,and compliance with this section.No 28.6.1 Planned rict
listed in the Weld County Subdivision Regulations. 9 Commisrezoninsioners une til the lapplicant lived has submitted an Board
impovements application
determining ttet the submichangettal
nit ref requirements sal to cton 285,the 28.3.12 The soils classification and description of the classification agreement or contract which sets forth the form of improvements and Department
meets i al of Section 2of zone for the subject site.This information can be obtained from the Soil guarantees and is approved by the Board of County Commissioners. Department of Panning Services shall institute the change of zone
Conservation Service. procedures Section 21.4 of this Ordinance.
28.5.12 A soil survey and study of the site proposed for the change
28.3.13 A general statement describing any water courses,water of zone with a statement regarding suitability of soils to support all co The recommendation tort Chet l ningning Scission shall provide e
bodies,3nA ner tatehes within the Planned Brit arses,water USES allowed i the proposed zone.If the soils survey and study oftto the Planning of zone esito concerning the
site. indicate soils which present moderate or severe limitations to the disposition of the requested change of to PUD District construction of STRUCTURES or facilities on the site,the applicant
28.3.14 A general statement any existing unique features shall submit information which demonstrates that the limitations can 28.7 'o h of the Planning iche Commbder an ape ationing
within the Planned Unit Development site,i.e.,oil wells,tank batteries, be overcome.This information will be forwarded to the Colorado Commission shell hold a public hearin to consider tapplication for
irrigation ditch floodgates, describing ad tracks, runways, buildings, Geological Survey for evaluation. a change of zone to a Planned Unit Development Distract
structures,easements,and rights-of-ways. 28.5.13 If according to maps and other information available to Weld 28.7.1 Change of Zone to a PUD District.
28.3.15 A general statement indicating whether or not any unique County,the Department of Planning Services determines that there appears to be a sand,gravel,or other mineral resource on or under 28.7.2 The Planning Commission shall hold a hearing to torrid i the
natural features exist on the Planned Unit Development site, i.e., the subject property,the applicant shall provide a mineral resource application for the change of zone to a PUD District. The
wildlife areas or vegetative cover. statement prepared by a certified geologist or other qualified expert. Dupplementary Dls50 Regulations,Section 40,and the Overlay
28.3.76 A general statement indicating hether any commercial The statement shall indicate the estimated quantity of resources and Distriots, Section 50 when applicable, may also be reviewed
mineral deposits are on the Plannetl Unit Development site. indicate the economic feasibility of recovery,now anA in the future,of concur rentth The Planning Commission shall provide recommends-'
the resources so tnat the Planning Commission and Board of County disp to the Board of Cchee Commissioners cations sg the
28.3.17 A general statement describing any flood plain,geological Comrp as rs con determine R ther a COMMERCIAL MINERAL dmade,with of the(60)days of thee.Such hearing
eeThea shall be
hazard, and port overlay district areas within the Planned Unit DEPOSIT, defined 34-1-305(1)Colorado Revised Statutes is made within sixty(60)days of the Initial hearing date The Planning
Development site. contained on or under the subject properties This information will be Commission shall recommend approval of the request for the change
forwarded to the Colorado Geological Survey for evaluation. • a zone of a Planned Unit Development District unless it finds to 1
28.3.18 A general statement which describes the surrounding land- the applicant nes nor met one or more or the applicable requirements
uses within One-half('h)mile of the Planned Unit Development
28.5.14 If the proposed change of zone is located within a FLOOD or conditions of Sections are met 28.5,and applicant
the applicant has the
pment site. HAZARD AREA,identified by maps officially adopted by Weld County, burden of proof and show that the The rap antl conditions m Section:
28.3.19 q general description of the landscaping plan for the the
el applicant shall submit information which either documents how the
28.7.2,28.5, 28.13 are The applicant shall demonstrate:
Planned Unit Development site. have been satisHaplorneWumensghowitne appltcentnntendato meat proposal is consistent with the Weld Count
28.7.3 That the County
28.3.20 A general description of the proposed treatment of the the requirements of the Weld County Supplementary Regulations Comprehensive Plan.
perimeter of the Planned Unit Development site,including materials concerning flood plains.
and techniques to be used,such as screens,fences,weld,berms,antl 28.7.4 That the USES which would be allowed the proposed
and r landscaping.
28.5.15 If the proposed change of zone Is located within a Planned Unit development District will conform with in e Performancein GEOLOGIC HAZARD AREA identified by maps officially adopted by Standards of the Planned Unit Development District contained in 28.3.21 Sketch Plan Site Map Weld County, the applicant shall sblt information which eithr Section 35.3 of this Ordinance
documents how the Weld County Supplementary Regulations
28.3.22 A drawing of the Planned Unit Development concerning Geologic Hazards have been satisfied,or documents how 28.75 That the USES which would be permitted shall be compatible
scale of one inch(19 equals one hundred feet(10;),or one inch project
1 a the applicant Intends to meet the requirements of the Weld County with the existing or future DEVELOPMENT of the surrounding area as
equals two hundred�eet(200o,composed of one or more sheets with Supplementary Regulations concerning Geologic Hazards Permitted by the existing zoning,and with the future DEVELOPMENT-
an outer dimension of twenty-four(24 by thirty-sin(36)inches,showing property as projected by the COMPREHENSIVE PLAN or MASTER PLANS of
the following information:
28.5.16 A sign shall be posted on the under consideration affected municipalities.
for PUD Rezoning.The sign shall be posted by the applicant,who shall
28.3.23 Name of the Planned Unit Development project certify that the sign has teen posted for at least ten(10)days 28.7.6 That adequate water and sewer service will be made available
preceding hearing date. The sign shall le provided by the to the site to serve the USES permitted within the proposed Planned
28.324 Legal description of the Planned Unit Development site. Department of Planning Services. Unit Development District A PUD district with residential USES shall
( ) 28.5.17 A certified list of the names, addresses and the be served by a PUBLIC WATER system.
28.3.25 Contour lines at ten 10 foot intervals, corresponding Parcel Identification Number assigned by the Weld 28.7.7 That STREET or highway facllttiea providing access to the
28.3.28 Scale and north arrow. County Assessor of the owners of property(the surface estate)within property are adequate in functional classification,width,and structural
five hundred 1500)feet of the properly Subject to the application.The canecity to meet the traHfic requirements of the uses of the proposed
28.327 The proposed of land-uses,including approximate source of such list shall be the records of the Weld County Asaesaor, zone district.
acreage,gross density, location a and of each type of residential or an ownership update from a title or abstract company or attorney,
acre and approximate deimate number
and height and type of business, derived from such records,or from the records of the Weld County unit ardelappr matfl buildings and height, and Clerk and Recorder.If the list was assembled from the records of the
In the event that the STREET or highway facilities are not adequate,
Weld County Assessor,the applicant shall certify that such list was the applicant shall supply
28.3.28 The proposed vehicular traffic circulation system. assembled within thirty(30)days of the application submis6lon date.
Ili information which demonstrates the
n(.7nesa and financial capability to upgrade the street Sr highway
facilities in conformance with the Transportation Section of the Weld .
County Comprehensive Plan.
Breeze,March 26,1987—15
Public Notices
This shell be shown by submitting,with the PUD District application, 28.9.10 An Improvement Agreement Accoratn rout He ,din percent(5%)grade and five(5)foot contours for predominant ground
a separate PP g y 9s. g slopes within the tract over five percent(5%)grade.
proposal for off-site road Improvements..This pto determine
shall Collateral for Improvements.This form is provided by the Weld County
if there,in detail,the type of r high road improvements Providing
to determi ne Department of Penning Services.The the
musts require this 2Fl d.All watercourses on the property moat be shown.In addition
f the roperty nt for STREET fi highway facilities providing access a form to show the improvements that the applicant i required to all Flood Hazard arses must be delineated.
the property has been satisfied.The methoA of guaranteeing the construct and the type of collateral which will guarantee installation of
installation of proposed off-site road improvements shall be described improvements. 28.11.10 All drainageways,streets,arroyos,dry gullies,diversion
as part of any off-site road improvement proposal.The method of ditches,spillways,reservoirs,etc.,which may be incorporated into the
guarantee shall conform with Weld County's policy regarding If street or highway facilities providing access to the property were stormwater management system for the Planned Unit Development
Collateral for Improvements. determined adequate et the PUD District application stage because shall be designated.
the applicant proposed separate off-site road improvements in order to
An off-site road improvement proposal shall be used for the purpose comply with Section 28.8.8 of this ordinance,the following shall be 28.11.11 All irrigation ditches and laterals shall be shown.
of determining compliance with this section. submitted.
28.7.8 That there has been compliance with the applicable A separate off-site road improvements agreement proposal.The off- 28.11.12 All required on-site detention areas, including notes
requirements contained in Section 21.5.1.5 of this Ordinance site road improvement proposal shall describe,in detail,the type of indicating the area and volume of the facility.
regarding overlay districts, commercial mineral deposits, and soil off-site road improvements to determine if the requirement for STREET 2811 13 All plans shall indcate the proposed outlet for the storm
conditions on the subject site. or highway facilities will be adequate in functional classification,width, drains a from the property,including the of the drains away
and structural capacity to meet the traffic requirements of the
28.7.9 The Secretary of the Planning Commission shall forward the proposed zone district.The method of guaranteeing the installation of ,where appropriate),the downstream conditions,and any downstream
official recommendation of the Planning Commission and the ares road improvements shall be described to pa of the eancions.
formation contained in the official record, which includes the agreement p The of guarantee shall ments. with Weld corda14 Drains a del? computatons shall be ubmined in
Department of Planning Services case file,to the Board of CountyCounty's policy regarding Collateral for Improvements. 99 g
accordance with[he Waltl County Subdivision Regulations.
Commissioners within ten(10)days after said recommendation has been made. 28.9.11 A statement which summarizes the total area of the PUD
Plan.This includes the total number of buildings and STRUCTURES of 28.11.15 A lndscape plan map shall consist of a drawing of the
a particular type expressed in units.The total amount of commercial PUD District and PUD Plan at a scale of one inch(1")equals one
38.7.10 If the Planning Comission recommendation is conditional and industrial floor space in square feet.The total number of off-street hundred feet(00')or one inch it")equals two hundred feet(200')
upon the applicant completing certain specified tams prior to the
publication of the notice for the hearing by the Board of Count parking spaces,open storage areas and loading areas in square feet. for(24) on one or more sheets with an outer dimension I twenty-
Commissioners,then the ten(10)day period shall commencey Any other information or supporting documents requested by the four(24)by thirty-six j36)inches showing he following information:
submission of the items by the applicant to the Departmen upon f Department of Planning Services which summarizes the total area of 2g 11 16 A landscape plan indicating the treatment of exterior
Planning Services. the Planned Unit Development Plan.
spaces.The design objective of the plan must be clear and supported
28.8 Duties of the Office of the Board of County Commie- 28.9.12 A statement describing how each BUILDING and by a written statement.The plan must provide an ample quantity and
STRUCTURE will be u ed or operated.This includes the volume of variety of ornamental plant species which are regarded as suitable for
stoners.The Board of County Commissioners shall hold public business expected to be conducted at any commercial or industrial this climate. Landscape treatment must Ds balanced with both
hearing to consider an application for a change of zone to a Planned establishment,the hours of business of those establishments,the evergreen and deciduous plant material with sufficient use 01 upright
Unit Development District. Ine Board snarl not approve any PUD number of employees exspecies for edioal control.Plant material selection will be revie ns
application without teen consent of the landowners whose petted to work in any commercial or industrial for adaptability to physical conditions indicated by site plan locations.
properties are included thin the PUD District. establishment the number of DWELLING UNITS each BUILDING, The landscape plan shall Include the following:the number o�parking spaces,and any other information which would
28.8.1 Change of Zone to a PUD District assist in determining the USES of the BUILDINGS and STRUCTURES 28.11.17 Extent and location of all plant materials and other
and the compatibility of those USES within and adjacent to the landscape features.Plant material must be identified by direct labeling
28.8.2 Upon receipt of the Planning Commission's recommendation, Planned Unit Development. on the plant or by a clearly understandable legend.
the Office of the Board of County Commissioners shall institute the 28.9.13 A statement which described any proposed treatment,
procedures contained in Section 21.6.1 of this Ordinance. buffering or SCREENING between USES, BUILDINGS or STRUC- 28.11.18 Flower end shrub bed definition must be clear and drawn
28.8.3 The Board of County Commissioners shall hold a TURES in order to achieve compatibility.A statement which describes to scale with dimensions.
public the proposed treatment of the perimeter of the PUD, including
hearing to consider the application and to take final action thereon. materials and techniques used,such as screens,fences,walls,berms, 2011.19 Species and size of existing plant materials.
The Board shall make a decision on the application within sixty(60) and other landscaping.days of the initial hearing date.In making a decision on the proposed 28.11.20 Proposed treatment of all ground surfaces must be clearly
change a zone,the Board shall consider the recommendation of the 28.9.14 A statement concerning the location and the intend.use of indicated(paving,turf,gravel,grading,etc.).
Planning Commission,and from the facts presented at the public aII public end private open apace and semi-public uses including
hearing and the information contained in the official ecord,which
includes the Department of Planning Services case file.,The Board of parks,recreation areas,school sites,and'similar uses. 28.11.21 Location of water outlets.If areas of planting are extensive,
County Commissioners shall approve the request change f plans for ed underground sprinkler system or suitable alternative will
qq for the 9 28.9.15 A statement detailing how any common open space will be be required
zone to a Planned Unit Development District unless it finds that the owned,preserved,and maintained in perpetuity.applicant has not met one or more of the applicable requirements or 28.11.22 Plant material schedule with common and botanical names,
conditions of Section 28.5,28.8.3,and 28.13.The applicant has the 28.9.16 A copy of all covenants,grants of easements or restrictions sizes,quantities, and method of transplant. Plants must be sized
burden of proof to show that the standards and conditions of Section to be im posed upon the use of the land, BUILDINGS, and according to the following table:
28.8.3,28.5,and 28.13 are met The applicant shall demonstrate: STRUCTURES. _
28.8.4 That the proposal is consistent with the Weld County 28.9.17 A Planned Unit Development Plan construction schedule s a°ndard deciduous Size
Comprehensive Plan. showing the approximate dates when construction of the DEVELOP-
MENTwhich is proposetl to start and finish.This shall describe the stages in Small ornamental and
• property will conform to the Performance Standards of the Plannedwhich the DEVELOPMENT will be the constructed,and the number N ffpyrering trees 1-'h"to 1-Yi"caliper
Unit Development District contained in Section 35.3 of this Ordinance. BUILDINGS or STRUCTURES,and the amount of COMMON OPEN
SPACE to be completed at each stage. Evergreen trees 5'to 6' in height
28.8.6 That the USES which would be permitted shall be compatible 28918 A statement describing the method of financing for the
with the existing or future DEVELOPMENT of the surrounding area as Development.The statement shall include the estimated construction Shrubs Adequate size tobe consistent
permitted by the existing zoning end with the future DEVELOPMENT cost and proposed method of financing of the street and related with design intent
as projected by the COMPREHENSIVE PLAN or MASTE�7 PLANS of facilities,water distribution system,sewage collection system,flood
affected municipalities.
- 28.11.23 All plant material must meet specifications of the American
plain protection,storm drainage facilities,and such°their(facilities as Association of Nurserymen g
28.8.7 That adequate water and sewer service will be made available may be necessary. be balled and burlaed orAthe)equivalents one rode.All trees must
to the site to serve the USES permitted within the proposed zone 28.9.19 l5hen a proposed STREET intersects a state highway,a
district.A PUD district with residential USES shall be served by a copy of the state highway permit shall be provided. 28.11.24 No building permit shall be issued for any building or any
PUBLIC WATER system.
portion of a Planned Unit Development until the landscaping required
28.9.20 A copy of agreements signed by agricultural irrigation ditch by the landscape plan map is in place or an Improvements Agreement
• 28.8.8 That STREET or highway facilities providing access to the tom tries specifying the agreed upon treatment of any problems which complies w•th the requirements in the Official Weld County
companies w I
property are adequate in functional classification,width,and structural resulting from the location f the ditch. Subdivision Regulations has been executed, guaranteeing said
capacity t°meet the traffic requirements of the uses of the proposed landscaping. - - - - --"-- --
zone district. 28.9.21 Geologic maps and investigation reports regarding area
suitability for the proposed PUD DEVELOPMENT. the maps and 28.11.g Final Planned Unit b Development cement Pent shall m prepared
be
In the event that the STREET or highway facilities are not adequate, reports will be furnished to representative of the Colorado Geological according to the following submission al ements This map shall be
the applicant shall supply information which demonstrates the Survey Division for review and evaluation. in drawing ink on mylar or other material acceptable to the Department
illingness and financial capacity to upgrade the street or highway of Planning Services.The dimensions of the map shall be thirty-six(36)
facilities in conformance with the Transportation Section of the Weld 28.9.22 A certified list of the names, addresses and the Inchon witle by twenty-four(24)inches high,and diapered at a scat alof
e
County Comprehensive Pen, corresponding Parcel Identification Number assigned by[he Weld one ch(1")equals one hundred feet(100)or one ch(1'y'eq Is
County Assessor of the owners of property(the surface estate)within two hundretl feet(200)composed of one or more sheets showing the
This shall be shown by submitting,with the PUD District application,a five hundred(500)feet of the property subject to the application.The following information:
separate proposal for off-site road improvements.This proposal shall source of such list shall be the records of the Weld County Assessor, 2011 26 Title,scale,north arrow,PUD Plan application number and
describe,in detail,the type of off-site road improvements to determine or an ownershipupdate from a title or abstract company or attorney, name.The date of the drawing with adequate space for revision dates.
if the requirement for,STREET or highway facilities providing access to derived from such records,or from the records of the Weld County
the property has been satisfied.The method of guaranteeing the Clerk and Recorder.If the list was assembled from the records of the 2811 27 Legal description including total area involved as certified
installation of proposed off-site road improvements shall be described Weld County Assessor,the applicant shall certify that such list was
as part of any off-site road Improvements proposal.The method of assembled within thirty(30)days of the application submission date. by the surveyor,and name and address of owner of record.
guarantee shall conform with Weld County's policy regarding
Collateral for Improvements. 28.9.23 A certified list of the names and addresses of mineral 28.11.28 Outline of the proposed PUD Plan'Isn perimeter, and a
owners and lessees of mineral owners on or under the parcel of land certified boundary and lot survey of the parcel der consideration,
An off-site road improvement proposal shall be used for the purpose of being considered.The source of such list shall be assembled from the showing all bearings otl distances outside the perimeter boundary
determining compliance with this section. records of the Weld County Clerk and Recorder,or from an ownership lines or
u long the lot boundary lines When the parcel is bountlen eby
s
update from a title or abstract company or an attorney derived from urea tar shore line re a body of water,the bearings and distances
28.8.9 That there has been compliance with the applicable such records. oo
f a closing meander traverse should be given and a notation made
requirements ontained in Section 21.6.2.5 of this Ordinance that the plat includes all land to the water's edge eorn otherwise.On
regarding overlay districts, commercial mineral deposits, and soil 28.9.24 A sign shall be posted on the property under consideration curved boundaries and all curves on the plat,sufficient data shall be
conditions on the subject site. for the Planned Unit Development given to enable the re-establishment of the curves on the ground.This
Plan.The sign shall be posted by curve data shall include the following for circular curves: 1 radius of
28.8.10 Upon the applicant,who shall certify that the sign has been posted for at 99 ()
the BOARD making its final decision,a resolution least ten(10)days preceding the hearing date.The sign shall be curve,(2)central angle,(3)tangent,(4)arc length,and(5)notation of
setting forth that decision shall be drafted and signed.A record of provided by the Department of Planning Services. nontangent curves.
such action and a copy of the resolution will be kept in the files of the 28.11.29 Lot area in square feet or acres if larger than one(1)acre,
Clerk to the Board 28.10 Illustrations.
lot and blocks delineated and numbered consecutively,existing and
28.8.11 The Board shall arrange for the Office of the Weld County 28.10.1 Illustrations of the proposed architectural style for the proposed future street layout tlashetl lines and existing treats in
Clerk and Recorder to record the resolution and,if the proposed Planned Unit Development.The illustrations shall show layout,profile, olid lines for any portion of adjacent land not subject to the current
change of zone to a Planned Unit Development is approved,the computations,and dodgy detail of all BUILDINGS and STRUCTURES. Planned Unit Development Plan Application.
rezoning plat. In addition,the materials, color,scale,and coordination of buildings 28.11.30 Location and description of uses by block or lot,if different
and structures with surrounding land-uses shall be described,The uses are located within the block.
28.8.12 The change of zone to a Planned Unit Development District design objectives of the PUD plan and architectural style must be
shall be immediate upon the voting by the Board.However,no building clear and supported by a written statement. 28.11.31 Location,description,and dimensions of all proposed and
permits shall be issued and no DEVELOPMENT started within a-PUD
District until a PUD Plan is adopted and recorded by the Department 2011 Maps. existing commercial,industrial,and office buildings,structures,open
of Planning Services. storage areas, streets, parking lots, common open space, signs,
lighting,advertising devices,and any other development,improvement
28 Planned Unit Development Plan Application Submittal 28.11.1 1 A utility plan map shell consist of a drawing of the Planned or feature within the PUD Plan's boundary.
.9
26.9.1 An applicant may submit an application for a PUD Plan Unit Development project at a scale of one inch(1")equals one 28.11.32 Location and description of FLOOD and GEOLOGIC
provided that the Planned Unit Development Plan is located within an hundred feet(100'1 or one inch It") an outer
hundred feet(200') HAZARD AREAS.
existing Planrv;d Unit Development District. A Planned Unit composed of one or more sheets with an outer dimension of twenty-
Development Plan may encompass all or part of a Planned Unit four(24)by thirty-Six(36)inches showing the following information: 28.7133 Location and description of proposed SCREENING,
Development District.The uses shall be identical to those located and 28.11.2 A utility plan showing the easements for water, sewer, buffering,and LANDSCAPING.
described on the Planned Unit Development District plat - electric., gas, telephone, and any other utilities within the PUD.
28.9.2 The following completed information,date,and Easements shall be designed to meet the Weld County Subdivision 2&113t Location end description of proposed sites to be reserved
required unless waivetl by the department of-Planning mapceafe Regulations for easement standards. 2011.or dedicated for parks,playgrounds,schools,end other public USES.
28.9.3 Written Documents 28.17.3 A utility service statement block shall appear on the map. proposed 5 Location,description and dimensions watet all existing and
The block shall identify each special district,municipality,or utility systems,utilit easements, rights-of-way,nt features, ade and other
drainage and any other significant as determined by
28.9.4 A copy of a certificate of title issued by a title surance company IIIntl intended to service the Planned Unit Development.The the Department of Planning Services.
company or an attorney's opinion of the title which shall set forth the block shell include:
names of all owners of property included in the PUD Plan.The list 28.11.38 Parcels not contiguous shall not be the in one plat,
shall include all mortgages,judgements,liens,easements,contracts, 28.11.4 The name of the utility. nor shell more than one (1) plat be made on the same sheet
and agreements of ecord n Weld County hich shall affect the Contiguous parcels owned by different parties may be embraced In
property in the Planned Unit Development Plan. If the attorney's 28110 A dated signature and statement from the utility's one(1) plat, provided that all owners join in the dedication and
opinion or certificate of title discloses any of the above then the epresentative indicating one of the following:(1)Service is available, acknowledgement.
holders or owners of such mortgages,.judgements,liens,easements, (2)service is available subject to specific conditions,or(3)service is
contracts,or agreements shall be required to join in and approve the not available for the Planned Unit Development.In the event number 28.11.37 The following certificate blocks shall appear on the plat
application before the Planned Unit Development Plan shall be acted (/2)is indicated,the specific condition shell be described. a. shall be completed at the appropriate time. The certificates
upon by the Board. required area surveyors certificate;a certificate of approval by the
28.11.6 Plans, profiles and typical cross section drawings of Planning Commission;a certificate of approval by the Board of County
28.9.5 A certificate of title or an abstract of title covering all PUBLIC STREETS,bridges,culverts,and all drainage detention areas and Commissioners; and a certificate of dedication, ownership and
dedications.When the applicant is to dedicate land for schools,roatls, STRUCTURES.These STREETS BRIDGES,CULVERTS AND OTHER maintenance by parcel owners regarding COMMON OPEN SPACE,
parks, o other PUBLIC purposes, a letter of intent from the DRAINAGE STRUCTURES shall 6e designed and constructed to meet dedication f fights-of-way, easements, and other public property
appropriate PUBLIC agencies stating that the dedicated lands will be the requirements of the Official Weltl County Construction Standards interests and maintenance thereof.
accepted. and the Official Wald County Subdivision Regulations. Pavement
design computations and drainage design computations shall also be 28.12 Duties of the Department of Planning Services. The
28.9.6 A warranty dead or other suitable document ready to execute submitted in accordance with the Weld County Subdivision Department of Planning Services shall be responsible for processing
which deeds to the appropriate PUBLIC body all lands other than Regulations • all applications fora Planned Unit Development Plan.The Department
shall nave Incresponsibility to ensure mat all application procedures
STREETS which are to be held for or used for PUBLIC purposes.
28.11.7 A grading and drainage plan map shall consist of a drawing and requirements are met prior to any official action.The duties of the
28.9.7 Certificate from the County Treasurer showing no delinquent of the Planned Unit Development District and project at a scale of one Department shall be:
taxes on the property of the proposed PUD Plan. inch(1")equals one hundred feet(100')or one inch(1")equals two
hundred feet(200)composed of one or more sheets with an outer 28.12.1 Planned Unit Development Plan. The Department
28.9.8 Certificate from a qualified engineer responsible for the dimension of twenty-four(24)by thirty-six(36)inches showing the Planning Services shall ensure that a proposed PUD Plan is located
design of the utilities. following information: with a Planned Unit Development District.Upon determining that the
28.9.9 Copies of alI deed restrictions,including those re 28.11.8 A grading and drainage plan indicated by solid line contours applicant has met the Planned Unit Development Plaall in submittal
the Board of County Commissioners to govern the future used all superimposed on dashed line contours of existing topography for the arpplicebenproceduts in aealounder n 9$Sectihe on of this epartment hOrdinan�ce'e the
land in the Planned Unit Development site. area of the Final Plat Such contours shall be at two(2)foot Intervals
for predominant ground slopes within the tract between level and five
18—Breeze March 28 1987
Public Not -
28 12.2 The Department of Planning Services shell provide a and a Site Plan Review Application has bean roved .
recommendation to the Planning Commission concerning the Department of Planning by the County Subdivision tspues,gas and3dclfon 30.51.101,el see.,oftha
disposition of the requested Planned Unit Development Plan. Services. Golorep0.Revised Statutes,as 9mdndod. -
28.13 Duties of the Weld County Planning Corrrrnlsion• 26.15 Supplemental►roeeduroa and Aaf emeMs. Add a new section 54 to reed: -
28131 The Planning Comisaion shall hold a public hearing to Each28. a1 Amendment to a PI nit'Dsrelopmeat:Dlelrlet. 54 Plumed Unit Dsvelpment Oe.Aay Dlatrlet consider 3r a Planned unit Development Pan applicat ob.The Planning approved Planned Unit Development District k considered
Commission shall provide recommendations to the Board of County Unit
and the USES described by blbe and/or lot within a Planned 54.1 FMdlnq'of not.There are unincorporated areas within Web commissioners concerning the tlispoartmn o1 the requested Planned Unit Development District shall only-be amended by appppl g for County With unique features, such as availability of urban-type change of zone to a new Planned unit Development DIetrct These- services,and facilities which may be-suitable for-mixed land-uses,
Unit Development Plan.Such recommendations shall be made within
procedures are contained in Section 28.5 of this Ordinance. Provided that adverse impacts 01 different land-uses are minimized.N
sixty MO)days of the initial hearing date.The'Planning Commission
equest for the Planned Unit is recognized that,in certain circumstancesa may be desirable-4o
recommend approval of the r ee
Development Plan unless it finds that t applicant has not met one or 2815.2 Amendment to a PI Unit Development Plan,Any provide a greater range or mixture of USES in an area then would be
ore of the applicable requirements or conditions of Sections 28.9, Development Pan shaluest to make a ajor;.change to an approved-Planned Umt permitted under the standard zoning system.It is further recognized
2511.1,and 28.13.The applicant has the burden of proof to show that lit b Processed as a.new application fora that the Planned Unit Development procedure permits a greater range
the standards and conditions of sections burl 28.11.1,and 28.13 are Planned Unit Development Ian under Section.28.9 of.this Ordinance. of flexibility than the standard zoning system which does not always
met sTtandards
applicant shall demonstrate: This may include,but not be limited t0,requests for vacating all or balance the capacity of a site with compatibility to the neighborhood
parts of an approved Planned Unit Development Pan for the purpose •
of 28.13.2 That the proposal is consistent with the Weld County services s may or esign or major corrections,The Department of Planning 54.2 Purpose. The purpose and. intent of the Planned Unit
Comprehensive Plan. the propose meorive achangeon torthe1lPUDn requirements do not pertain to Development OveHey DI�Strict regulations.shall be to:
28.13.3 That the Planned Unit Development Plan conforms to the Minimize adverse impacts to water quality end quantity,public health,
PUS District in which it is proposed to be located. 28,15.3 Minor Moen of ors toe Planned Unit Dwo a msnt safety and property within the I-25 Mixed-!.use Development Area and
Plan.
The Department of Planning Services may approve minor Activity Centers by requiring commercial and i use t al development
28.13.4 That the BUILDINGS,and STRUCTURES which would ove to ons to a Planned Unit Development Plan.The applicant shall and subdivisions and residential subdivisions is use the Planned Unit
be permitted shall USES, compatible with the existing is future Prove to the Department that the minor modification is required by Development procedure.
DEVELOPMENT of the surrounding area as permitted by the existing engineering or other circumstances not foreseen during the approval
zoning, and with the future DEVELOPMENT as projected by the of the Planned Unit Development Plan-The Department shall not Promote a better quality of life within the I-25 Me designed
a Development COMPREHENSIVE PLAN or MASTER PLANS of affected municipal- approve a minor modification if that modification does not conform to Area-end Activity Centers by using a procedure design to provide •
ides. the Planned Unit District. for the orderly development of.compatible land-uses and to protect the
28.15.4 Correction to a Planned Unit Development environment. -
Ste Standards That there
in has
Sectionn35.3.conformance with the Performance Board of County Commissioners may,without a heari ocnts of the Provide a procedure which will allow IoM-us flexibr�nty in•manner
•
with any of the submission,referral,or review requirements of the consistent with the Weld County Comprehensive Plain.That there will be compliance with the Weld County Zoning Planned Unit Development Plan regulations,approve a correction to e
Ordinance,Section 50,Orerlry datrlets if the proposal's located Planned Unit Development Plan if the sole purpose of such correction 54.3 Uses Permitted.All uses listed as allowed by the Panned
min any Overlay District area identified by maps officially adopted by s to correct one or more technical errors in an approved Planned Unit Unit Development Change Of Zone District Application and which
Weld County. Development Plan and where such correction is consistent with its aualityaccordingas a Planned Unit Development according to the Weld County
_ approved Planned Unit Development District Zoning Ordinance.All use by right and accessory uses penreted
28.13.7 That there has been compliance with the submittal under the current zoned tlatrjt within the.overlay.district
requirements of the Planned Unit Development Plan,and that the 28.15.5 Failure to submit•PUD Plan.If no PUD Plan application
Planned Unit Development Plat and the supporting documents satisfy s submitted within one(1)year of the date of the approval of the PUD 54.4 Reeu and recta.Commercial and industrial developments and
the legitimate concerns of the Planning Commission. District, the Planning Commission shall require the landowner to subdivisions and residential subdivisions shall use the Planned Unit
appear before it and present evidence substantiating applic .that the e PUD Development procedure within the 1-25 Mated-Use Development Area
28.13.8 The Secretary of the Planning Commission shall forward the project has not been abandoned and that the applicant thPUDpossesses the and'Activity Centers.All Planned Unit Developments within the I-25
official ecommendetion of the Plnning Commission and the willingness and ability to continue with the submittal of the PUD Plan. Mixed-Usesystems.
Department of Planning Services case file,to the Clark to the Board af PUD Plan application and shall annually require the applicant to
County Commissioners within ten(10)days after said recommendation demonstrate that the PUD has not been abandoned If the Planning 54.5 t There hmom of the Planned Unit Development,Co 0verlay •
has been made. - Commission determined that conditions or statements made District. I;hereby established in Weld.County,Colorado,a
supporting the original approval of the PUD Zone District have Planned Unit Development Overlay District
28.1 a9 If the Planning Commission's recommendation is conditional changed or that the landowner cannot Implement the PUD Plan,the'.
upon the applicant completing certain specified recommendation
prior to the Planning Commission shall recommend to the Board of County The Planned Unit Development Overlay District includes all of the
publication nth of the notice for the hearing by the Board prior
County Commissioners that the PUD District approval be revoked.If the Board unincorporated area of Weld County known as the 425 Maed•Uea Commissioners,then the ten(10)day period shall commence upon agrees after a public hearing the Board may revoke the PUD zone Development Area and Ac tivi Cent Center
A map of the 1-25 Mixed-Us
submission of the items by the applicant to the Department of district and order the recorded PUD zone district reverted to the Development Area and Activity Center is shown in Figure 1 of the..
Planning Services. original zone district. Weld County Zoning Ordinance..
28.14 Dulles of the Board of County Commislonaa 28.15.6 Failure to Commence a Planned Unit Development Interpretation of the Planned Unit Development OverlayDistrict
Plan If'no construction has begun or no USE established In the boundaries,location of LOT lines with rspect tot the boundaries ant
28.14.1 After receipt of the Planning Commission's recommendation, Planned Unit Development within one It)year of the ease of the similar questions Snell be determined acceding to Section 60 ef tics
the Office of the Board of County Commissioners shall: approval of the Planned Unit Development Pang,the Planning ordinance
Commission may require the landowner to appear before it and
28,14.2 Set a Board of County Commissioners'public hearing to present evidence substantiating that the Planned Unit Development
ant
take place not less than thirty(30)days and not more than sixty to- project has not been abandoned and that the applicant possesses the
days after receipt of the Planning Commission's recommendation,for willingness and ability to continue the Planned Unit on of the Pia
consideration of the proposed Planned Unit Development Plan. Planning Commisfon may extend the date for annually Non of the the e IARE MIXED-USE DEVELOPMENT
Unit Development construction and shall eve require AREA AND ACTIVITY CENTERS
•
28.14.3 Arrange for legal notice of said hearing to be published once applicant to demonstrate that the Planned Unit on determines
has hot
n the newspaper designated by the Board of County Commissioners been abandoned. If the Planning Commission determines that �J1 iv.,
publication of notices At the discretion of the Board of Count conditions summoning the original approval a the Paroled Unit - 7 —y� 1 r
Chfor y p Y Development Pan how changed ner ,1 I T I I
which isspublished en the area in which the Planned Unit Development
Commissr implemeMion
the Planned Unt ev Development Pao he Planning rs I I I -I - u„ ,t-1. `f' I —;f 4
Plan is proposed.The failure to publish the second notice shall not Cat the on may recommend to the Board of the Board Commasioners I I I I161...1,Ii I -1 /, I I/ i"' III !
create a jurisdictional defect in the hearing process The date of that c hearing,PU the approval be revoke
IfPlanned Unit
ogres after a q, .I I I 11.rz1 s I I I I�-i'-I I ' f
Publication shall be at least thirty 1301 days prior to the hearing. Publicand recorded cartl may rnn the riesee i Wwbcaem „.„1„, " _.,11.4. ..,1 Plan order the Planned Unit Dsvetopnem Plan vacated - I I I I I—I I !- I I I I I
28 14,4 Arrange for the applicant to post a sign on the property 28.15.7 Enfememont of the Penned Unit DevetopsNnt Nan. II I i's, I I I I- I JI
under consideration for the Planned Unit Development Plan according The Planned Unit Develo v e I =�
to the requirements of Sector 21.4.2.5. maintenance of CO „.pment Plan's construction schedule and the -- i
2614'.5'Givc the prothose netll Unit Development Plan 28.15.8 the Construction and provision of all COMMON OPEN �■■�•� �����`®�
and the public hearing date e,those persons listed in the application SPACE,public utiltiea,and recreational facilities which are shown on A-
as owners and lessees of the mineral estate on or under the parcel the Planned Unit DevelopmentI
under consideration.Such notification shall be mailed,first class,nots Plan residential,
enproceed at commerciala iale whiah st M
less than ten(10)days before the scheduled public hearing.Such BUILDwer then and STRUCTURE , eriodical, Planniinor mmis ion I I 4 notice is not required by Colorado State Statute and is provided as a BUILDINGS and STRUCTURES.Periodic DEVELOPMENT the Planning Commission web -
courtesy to the owners and lessees of the mineral estate on or under or Its proveentarist shall compare the to date with ^._a I I I.
the parcel.Inadvertent errors by the applicant in supplying such list or the approved construction schedule. : ) sl R ®�
the Board of County Commissioners in sending such notice shall notI
create a jurisdictional defect'n the hearing process even if such error forth
and All developments shall meet the requirement herein set — :l L^['70."", I 4
results in the failure of a surrounding property owner to receive such rorth and no final plan. shell be approved that does not meet these sr
notification. requirements. • I(•". I I Y� .
2814.6 Give notice of the proposed Planned Unit Development Plan 28.15.10 The developer shall submit a legal instrument settling forth I I-' - r f- I ® �..
and the pubve noacng date to those persona liatetl in tee apelicatlan a plan providing for the permanent care and maintenance of —� "'v`�— - �I
aa owners tic lessees of the those p rsons on or n Cher the cation spaces,recreational arsas and commony owned facilities eM Nukininpn . %+*•^z I I I-_4' ( 1_-I_ 1
under consideration.Such notification shell be marled first caps,not Iota.The same shall be submitted to the County Attorney and shall not '- i�
less•
than,ten(10)days before the scheduled public hearing.Such be accepted until approved as to legal form and effect If the common ■�—� I I I I) __ I I._��_�_
notice is not required by Colorado State Statute and is provided as a open space is deeded to a documents governing overn the association,association.
on.Such ) j ,R s I �K { , I I '
courtesy to the owners and lessees of the mineral estate on or under shall file the ell meet tl the aseoeiatan.Such the parcl.Inadvertent errors by the applicant in supplying such list or documents shell the- following requirements - • I +�r. I I I ,I_..I I___ 1-
the Board of County Commissioners in sending h notice shall not "'' _
create a ju istl ctional defect in the hearing g such 28.15.11 The homeowners'association must be established before v I i tit . i ..�^'
results in failure of a surroundingg process even if such error any residences are sold. i _
notification. property owner to receive suchy I I t I t, I I Ir�I -
• 28.15.12 Membership in the association most be mandatory for earn. I 1 -•
28147 The Board of County Commissioners shall hold a public residence owner. _ ,.n I� It
hearing to consider the appkcatlon.and to take final action thereon. •
KIT r TUNS�j— �, I x
The Board shall make a decision on the application within sixty(80) 28.1513 Open space restrictions must be permanent and not for IJ�) 11,
'I---t1 L'days of the initial hearing date.in making a decision o the proposed
period of years. I I I� I`
Planned Unit Development Plan.:the Board shall consider the 7 _ (,_4,1 I �_.,.,.I
recommendation of the Planning Commisecn,and from the facts 28.15.14 The homeowners'association must be made responsible and I I I �-
presented at the public hearing and the information contained in the for liability insurance,taxes,and maintenance of recreational antl
official record,which includes the Department of Planning Services other facilities. - ,,,, •
--�
case file. The Board of County Commissioners shall approve the 28.15.15 The association must have the power to levy assessments
applicant estfor the
not met one Unit
Development
of the applicable unless it finds that requiremhata or which can become a lien on individual premises for the purpose of 1^r=i n�= N
conditions of Sections 28.9,28.12.7,antl 28.13.The applicant has the paying the cost of operating and maintaining common facilities.
w[rs
burden of proof to show that the standards and conditions of Section
28,9,28.12.7,and 28.13 am met.The applicant shall demonstrate: 2 If the SPACE, ory established successor to own and maintaint i+ t ••^^OPEN COMMON or any ACEin organization order to 2814,8 That the proposal is consistent with the Weld County condition
maintain the OPEN prove Planned reasonable velp and •
Comprehensive Plan. contlitthe in sowing ace with the be taboo Unit Development The above and foregoing Ordinance was,on motion duly made and
•
Plan,the following action may be taken: seconded,adopted 4 28x14,5 That the proposed Planned Unit.Development Plan conforms 1987. p by rho following vote on the day of AD
to tta Plari/Ietl Unit Development District n which it is proposed to be lice upon The Board of County pan the sionere may serve written located. -- notice such organization'or upin owners or residents of the BOARD OF COUNTY COMMISSIONERS
ailed to comd ply Development wit te PlannednUnitt Development
anthe Plan.Si-organization lice WELD COUNT' COLORADO
28.14:10 That the USES, BUILDINGS,and STRUCTURES Which shall include pa demand that such deficiencies ofmaintenancetibe
DEVELOPMENTulbe pmitted shall surroundingbe p compatible
asth erthete existing
is intheexistingr re cured within thirty(30)days thereof.A hearing shall be held by the.-zoning, and with the future DEELOPMENT as projected by th Board within fourteen )days of the Issuance ng.Th of a ay modifysettinghe Gordon E.Lacy,Chairman
-COMPREHENSIVE PLAN or MASTER PLANS of affected muniipals- terthrm the time,oath,and place Is hearing.The Board s may ylo ve an::t ea, terms of the original notice as to deficiencies and may give an r
•
extension of time within which they shall be rectified, a W Kirby,Pro-Tem
...-28.1 4.11 That there has been conformance with the Performance 28.15,18 If the deficiencies set forth In the original notice or in the
Standards outlined Section 35.3. modifications thereof are'not rectified within thirty(30)days or any Gene R.Brantner
28:1&12 That there has.peen compliance with the Weld County properties wthereof,
the Plennetl Unit Development to preserve the values of the Zoning -
Ordinance,Sectin 50.Overlay Diet lets ifthe
officially p proposal is
COMMON OPEN SPACE from becoming a publictnuisance may enters Jpequaline,Ibhnaon
located within any Overlay Distract identifiedupon said COMMON OPEN SPACE and maintain the same for a - __ __ _____
tbyo Weld County.
period of one(1)year.Said entry and maintenance shag not vest in 2814.13 That there has been compnande with the submittal the PUBLIC any rights to use the COMMON OPEN.SPACE except Frank Yamaguchi
requirements-of the Plan Unit Development Plan,and that the Plan when the same is voluntarily dedicated to the PUBLIC by the owners ATTEST:. -
req Development Plan Pat it the lopmentng an,a that
Plane and accepted by the Board of County Commisioners..Before the -
legitimate concerns of the Board expiration of said one (1) year period, the Board of County Weld County Clerk and Recorder-
Commissioners shall call a public hearing to consider the necessity of and Clerk to the Board No Plan Unit Development Plan Plat shall be recorded in the office of continuin such maintenance for a succeeding year.Notice of the
the Weld Count Clerk end Recorder and no building permit shall be hearing shall be given,in writing,not less than thirty(30)days and not BY:-
issued for the PUD Plan until the following has occurred rooted 9n sixty(80)days prior to this hearing to the Organization Deputy County Clerk
normaly responsible for the maintenance oft
he COMMON OPEN
The Board of Commissioners must approve all improvement SPACE and to the owners or residents of the Panned Unit APPROVED AS TO FORM:
agreements guaranteeing the Installation and type of improvements, Development,If the Board determines that Such organization is not
including a separate off-site road improvement agreement if ready and able to maintainsaidCOMMON OPEN SPACE inreasonable applicable.Al)agreements must be made in conformance with the condition,the Board may continua to maintain said COMMON OPEN County Attorney
policy regarding Collateral for Improvements. SPACE uring the next succeeding year,and shall be fter. to a r[st Rr PY1:c: Parr
etlpi(aT,hearing and determination in each year thereafter. Parch Is,FM
2814.14 After the Board of County Commissioners makes its final rInst vruntr: y rich 19,}981
decision, a resolution setting forth the Boards decision shall be 2815.19 The cost of such melntenenoa by the Board taall be oak, FIRST xuar
drafted and'signed.r recordsuing o such action end a copy the by tea owners of the properties within the Planned Unit MC.•AFFRnl FO: Parrh eJ,196)resolution shalt be kept in the files of the Clerk to the Board. that idg-a s right of s shalt b c the COMMON OPEN 9PAC jy, arcovn 500OuoAT10x DF FIRST-prADJNf,: at,nr i6,1961.
pitl"asaeesmenta anal/become a tax lien on lent prop tlas,� senora aeaulNc: April 6,19x1 :JNAt untoa i a 23.lief
28.10.15 The Board shall arrange for the Office of the Weld County pure48nt to Section 24-87-105 of the Colorado Revised Statutes, • pust.[uttox: rr
Clerk and Recorder to record the resolution and the proposed 197;3,as amended. Avr11 9, 19A1 PUBLICATION: AprIl JJ,1961
Unit Development Plan X it Ise Planned
• issetl velophe Planned Unit Development building
Pbeent.Shall be des 28.15.20 Monuments..PemraRant'reference moe,mmnt shad bs-- arc t car April set'emit*the Panned Unit Development ti.,..•••11...n _ • p 11 ztl,.Inn; •
• AFFIDAVITOF PUBLICATION
nom
THE JOHNSTOWNBREEZE „
STATE OF COLORADO 1
1 5S
NOTICE COUNTY OF WELD 1
Docket N9. 87-7 1, Clyde Briggs, do solemnly swear that I
The Board of County Commis- am publisher of The Johnstown Breeze; '
stoners of Weld County, Cob - that the same is a weekly newspaper
reao, will conduct a public printed, in whole or in and ublished
head part, p
at 2:00 P.M.on Wednes-
day,hearing 18, 1987, In the in the County of Weld, State of Colorado,
County m CommissionersFloo, Hearing
Room, First. Floor, Weld Count' and has a general circulation therein; that
Centennial Center, 915 10th
Street Greeley,Colorado,for the said newspaper has been published
purpose of considering amend- continuously and uninterruptedly in said
amend-
ments to Zoning on r n the Weld County of Weld for a period of more than
the County Section 54 o and
Weld e addition of Zoning r to the fifty-two consecutive weeks prior to the
County Ordinance.of
Amendments to Section 28 of first publication of the annexed legal notice
the Weld County Zoning Ordin-
ance. or advertisement; that said newspaper has
Amendments to Section 28
of the Weld County Zoning been admitted to the United States mails as
Ordinance to be con
include revising the Planned d
Unit second-class matter under the provisions of
Development' Sketch Plan the Act of March 3, 1879, (Jr any
Change of Zone, end Planner3
Unit Development Plan pro-
amendments thereof, and that said
pro-
cedures for developments m the newspaper is a weekly newspaper duly
County. Srateo areas ao thd
County.Zoning gn 54 i a Me Weld
ualified,for publishing legal notices and
'lobeCounty Planned'Unit D estab- qualified
Develop-
ment a Overlay `Unit Develop- advertisements within the meaning of the,
ment District for the .
purpose of reviewing commercial taws of the State of Colorado.
and industrial development, and That the annexed legal notice or advertise-
divisions subdivisions and residential sub-
divisions within the 1.25 Mixed ment was published in the regular and
Use Development Area and A entire issue of every number of said weekly
l
All persona in any manner newspaper for the period of .. ... consecu-
Interested are requested to live insertions; and that the first
attend the hearing and may be publication of said notice was in the issue of
hopie. /Z: A.D. 1687,
Copies r the proposed f amend- and newspaper tthe
dated
mama are available for public and that the last publication of said notice
Inspection in the office of the was in the issue of said newspaper dated
Clerk to the Board of County
Commissioners,Third Floor,Weld , A.D. 19
County Centennial Center, 915
10thStreet, Greeley, Colorado, In witness whereof I have hereunto set
to 5 .
a:00y through Felder,e:oo AM. my hand this .../.? clay of F---'
BOARD OF COUNTY N A.D. 19�`rf".
COMMISSIONERS
WELCOLORADO C71.5
BY: MARY ANN Publisher
FEUERSTEIN
COUNTY CLERK AND
RECORDER AND CLERK
TO THE BOARD
• BY: Mary Reiff, Deputy Subscribed and sworn to before me, a
DATED: February 9, 1987 Notary Public in and for the County of
PUBLISHED: February 12, 1987, W0f d,State of Colorado, this /7.... day of ,
In the Johnstown Breeze Kam( A.D. 19t�..,�--/ ,�� p
•
77 .r?/474-/-12 OZ�4 ✓l- ",,k‘c-Arne-1---
Notary Notary Public.
My co anti ,arl.R,`1x 'd4Siflor'Mrs'14.•*M
Z South Parish Aver'e
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO
ss
COUNTY OF WELD
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze; '
that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March 3, 1H79, or any
amendments thereof, and that said'
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the.
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was published in the regular and
entire issue of every number of aid weekly
newspaper for the period of ..I.. consecu-
live insertions; and that the first
publication of said not ire wa.,1n the issue of
said newspaper dated S ..Y.. A.U. Il.
and that the last publication of said notice
was in the issue of said newspaper dated
A.U. 19
• In witness whereof I have hanto set
my hand this 23. day of .
A.D. 19.{
•
Tb, Publisher
• Subscribed an sworn to before me, a
Notary .Public in and for the, County of
Id, State of Colorado this- t,3«.i day of
/2i-ati: A.U. le d..
Notary Public.
My commission expires
My (,)mn:i!.;ion Ean,•e, it,ne 54, 19 E37
• laa�r: ciw.n. _C 80534
14—Breeze,March 19,1987
• Public Notices
ORDINANCE 89-J 28.3.29 The proposed location of any other circulation system or 28.5.18 A certified list of the names and addresses of mineral
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH trails. owners and lessees of mineral owners on or under the parcel of land
being considered.The source of such list shall be assembled from the
AMENDMENTS,AND THE ADDITION OF CERTAIN SECTIONS TO 28.3.30 The location of any existing unique features within the records of the Weld County Clerk and Recorder,or from an ownership
ORDINANCE
NO.
ORDINANCE, CURRENTLY
AY D ADDINGAMENDED,
CERTAINWELD
COUNTY
PRO- Planned Unit Development project, i.e., oil wells, tank batteries, atorney,te derivedder
ived fromucsucnc�o records.
title or abstract company or an
ZONINGS,TERMS,AND REQUIREMENTS. irrigation ditches,water bodies,railroad tracks,easements,fights-of-
way,etc. 28.5.19 Such additional information as may be required by the
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 28.3.31 The approximate location of any proposed existin Department of Planning Services,the Planning Commission or the
WELD COUNTY,COLORADO: landscape features. g Board of County Commissioners in order to determine that the
application meets the goals,policies,and standards set forth in this
WHEREAS,the Board of County Commissioners of Weld County, 28.3.32 The general location of any Clod plain,geological hazard, ordinance and the Wald County Comprehensive Plan.
Colorado,pursuant to Colorado statute and the Weld County Home end airport overlay districts within the Planned Unit Development Rule charter,is vested with the authority of administering the affairs of project 28.5.20 Planned Unit Dewbpment District Plat
Weld County,Colorado,and
28.3.33 Vicinity Map. 28.5.21 A PUD District plat shall be delineated in drawing ink on
WHEREAS,the Board of County Commissioners has the power and year(not sepias)at a scale of one inch(1")equals one hundred feet
authority under the Weld County Home Rule Charter and State 28.3.34 The vicinity map shall be drawn at a scale of one inch t" (100')or one inch(1")equals two hundred feet(200'),composed on
Statute,including Article 28 of Title 30,CRS and Articles 65 and 67 of equals ( ) or more sheets with an outer dimension of twenty-four(24)by
Title 24, CRS, to adopt zoning and planned unit development six dimension
feet(80 en composed of one or more sheets with one lity-six(36) inches,showing the following information:
regulations for the unincorporated areas of the County of Weld,and an outer the ollo of twenty-four(24) by thirty-six (36) inches
showing following items: 28.5.22 Certified boundary and tract survey of the parcel under
WHEREAS,the Board of County Commissioners of Weld County, 28.3.35 Existing zone districts within one-half(ct mile of the survey alin showing all bearing and distances outside the perimeter
Colorado, has previously establishing
adopted a Ordinance No.89,Weld County boundaries of the Planned Unit Development project. Boundary lines or along tract boundary lines.The closure error of the Zoning Ordinance, a tablishing a comprehensive revision of the may not exceed 1:5,000.
zoning regulations and zoning maps for the unincorporated areas of 28.3.36 The existing uses within one-half('h(mile of the boundaries the County of Weld,and has adopted amendments in Ordinances 89-A of the Planned Unit Development project. 28.5.23 Legal description,including total area involved,as certified
through 89-I,and by the surveyor.
WHEREAS, said Ordinance No. 89, as amended, is in need mile of the boundaries of the Planned Unit Development project.
t 28.3.37 The existing street and highway system within one-half(Y') 28.5.24 Title,scale,and north arrow.
` revision and clarification with regard to procedures, terms, and
- requirements thereon.28.4.1 preapplication Conf.A Planned Unit Development 28.5.25 Date of drawing.
NOW.THEREFORE, BE IT ORDAINED by the Board of County Sketch Plan shall be submitted prior to a submittal of a Planned Unit 28.5.26 The following certificates shall appear on the map:
Development District change of zone application.The Department may
Commissioners of Weld County,Colorado,that certain sections of said take up to thirty (30) days for its review of the planned Unit
28.5.27 Surveyors certificate.
or
ordinance No.89,as amended,are repealed and re-enacted,with Development Sketch Plan.After its review,the Department of Planning
amendments,and the addition of certain sections as follows: Services shall arrange a preapplication conference between the
applicant and the Department.The purpose of the conference shall be 26.5.28 Planning Commission certificate.
Repeal and Re-enact Section 28 to read: to acquaint the Department with the proposed Planned Unit
Development and to familiarize the applicant with the change of zone 28.5.29 Board of County Commissioner's certificate.
28 Procedures and Requirements of the PUD District to a Planned Unit Development District and the Planned Unit
Development procedures.The Department shall be responsible for 28.5.30 s proposed gr location of land-uses by block,ht each
block
28.1 in , This Section establishes the review and application advising the applicant of any problems discovered during the review of size in acres,l gross mat number, and height of each type of
procedures and requirements for a Planned Unit Development Sketch the Planned Unit Development Sketch Plan. using se unit; approximate floor areas, height, and type of
Plan,Change of Zone to a Planned Unit Development District,and for businesses, commercial, and industrial school uses; and the similar pon of
a Planned Unit Development Plan.All proposed amendments and 28.5 PUD District Application Submittal.The following completed common open areas,i.e.,public parks, sites,and uses.
minor modifications to an approved Planned Unit Development plan 'formation,'data, and maps are e
shall be subject to the procedures stated this Section. Whenrequired for a Planned Unit
applicable,the supplemental procedures of this Section shall also Development change of zone district 28.5.31 The proposed location of the traffic circulation system,
apply.All applications for a Planned Unit Development District shall including road classification,right-of-way width,road surface width,
comply with thep28.5.1 Written Doeumente. and access to public rights-of-way
provisions of Section 35. The Planned Unit
tic[to the requirements contained in The PUD District application forms and application tee. 255.32 The location of any existing easements, rights-of-way,
Development District shall be sub
Section 40,Supplementary District Regulations,and Sectionstructures,and uses within the PUD District including,oil wells,tank
50,Overlay Districts. 28.5.3 A statement describing the proposed PUD Concept,land- batteries,irrigation ditches,water bodies,railroad tracks or dwellings.
28.2 Pe.rlayy eation Conf .Any person wanting to e fore uses(s),and architectural style of the PUD.
Change of Zone to a Planned Unit Development apply
28.533 The proposed location of any other circulation systems or
9 pment District shall arrange 28.5.4 A statement which demonstrates thetrails within the PUD District.
for a preapplication conference with the Department of Planning consistent with the proposed PUD rezoning
Services. The applicant shall submit a planned unit development is
policies of the Weld County Comprehensive 28.5.34 Planned Unit Development District Vicinity Map
sketch plan to the Department of Planning Services for review,prior to
the preapplication conference.The applicant shell submit the required 28.5.5 A statement which demonstrates how the USES allowed by
28.5.35 A PUD District Vicinity Map shall be delineated in drawing
information as stated in this section. the proposed PUD rezoning will be compatible within the PUDk on ee feet (not sepias) a sore of one tuck ")with ants two
District. In addition, a detailed description of how any conflicts imi twenty-four composed by one or more(3 sheets showing outer
28.3 Sketch Plan Application Submittal. between land-uses within the PUD District are being avoided or dimension of (24) thirty-six(36)inches, the
mitigated and can comply with Section 35.3 following information.
28.3.1 The following completed information,data,and maps are
required: 28.5.36 An outline of the perimeter of the proposed PUD District.
28.3.2 Written documents. 28.5.6 A statement which demonstrates how the USES allowed by
the proposed PUD rezoning will be compatible with land-use 28.5.37 Titer,scale,and north arrow.
28.3.3 The Planned Unit Development Sketch Plan application formssurrounding the PUD District In addition,a detailed description of 28.5.38 Contour lines at ten(10)loot intervals.
and application fne. how any conflicts between land-uses surrounding the PUD District are
being avoided or mitigated 28.5.39 The identification of all zone districts within one-half('h)mile
28.3.4 A general statement describing the concept,land-use(s),and 28.5.7 A description of each business within the PUD.A description of the boundaries of the Planned Unit Development District.
architectural style of the Planned Unit Development project. of all buildings,structures,and open storage areas,including size,
floor area,and heght A escription of the type of residential units 28.dari The identification of all uses within ict mile of the
28.3.5 A general statement describing the size and type of any within the PUD,including number of units. boundaries of the Planned Unit Development District.
public and private open space and semi-public uses,including parks, Ai-eaiennp
retreat-on areas school 't d 'I se 28.5�.8��A� deg�cy y!!op a!ha-. seneisa 2diAt'T d street and highway system within one-half('h)
"' —'- "school.855,Sfir semi-publicansheriff
saes,Inclu rig parks,recreation areas, mile of the boundaries of the PUD District including road
- - - '^tlMcT6w the approximate school skew,fire and sheriff substations,and similar uses. classification,right-of-way width,and road surface width
numbrand ft o esld tiat t app e number,floor area,
height, type approximate
business,commercial,and industrial buildigs and 28.5.9 A description of the water source and system and a statement 28.5.42 The location of any mineral resource areas within the
structures.The pproximate number and sizeof any open storage from the representative of the provider of the water system which Proposed PUD district.
areas.Anestimate of the number of employees for the business, demonstrates that the water supply quality and quantity is sufficient to
et the requirements of the uses within the PUD District A PUD oposed The location of any GEOLOGICAL HAZARD areas within the
commercial and industrial uses. e
28.3.7 A district with residential USES shall be served by a PUBLIC WATER Proposed PUD District.
general statement describing the Planned Unit system.
- 28.5.44 The location of any Flood Hazard Area on the within the
Development's source of water and type of system.
23.3.8 A general statement describing the Planned Unit sewer 28.5.10 A description of the sewage disposal facility If the facility is proposed PUD District.
Development's typed sewer system. sewer system,a statement from the representative of the provider of 28.5.45 The location of on-site detention areas to be incorporated in
the sewer system utility which demonstrates that the disposal system the storm drainage systems, including
28.3.9 A general statement describing the Planned Unit will adequately serve the uses within the PUD Districtg notes indicating the
Development's vehicular circulation system of local,collector,andapproximate area and volume of the facility.
arterial streets.The general statement should include:width of road structural
28.5.11 A description oftheTf EE functional highway facilities
ie which'fir a tl 28,5.46 The location of any drainage ways within the
rights-of-way,width of road sUrface,width of borrow ditches,type of acc ss t theacity D STREET trtl trhigfacilities p provide vi proposed PUD
surface,off street parking loading access to the PUD District.If the street or highway facilities providing district.
to areas, zones,major points of access access to the PUD District are not adequate to meet the requirements
public rights-of-way,and notation of proposed ownership of theof the proposed district the applicant shall supply information which e8peri eke location and identification d of any landscaping plans for
circulation sy tem:public or private.(Design Standards for streets are emonstrates the willingness and financial capability to upgrade the the perimeter of the proposed PUD district.
isted in the Weld ee County Subdivision Regulations.Weld County road STREET or highway facilities in conformance with the Transportation
classifications listed the Weld County Comprehensive Plan). Section of the Weld County Comprehensive Plan.This shall be shown 28.6 Duties f the Depanm Snt f Planning Services.processing The
ci 2028.3.10 A general statement describing other Proposed by submitting,with the Planned Unit Development District application, Department of Planning Services hall be responsible for
310n systems or trails,i.e.,pedestrian, any n riding,runways, d a separate improvements agreement describing the proposed road ll a,•oaf ti one fora Change of Zone to Planned Unit Development
taxiways. Improvements and method of with
installation of said District.The Department shall have the responsibility bi to ensure that all
improvements in conformance th the Weld nCountyr Policy n chin. ion procedures and requirements are t prior to any official
28.3.11 A general statement describing the plan for drainage and Collateral for Improvements.The agreement shall be used for the action.The Duties of the Department shall be:
storm watermanagement stet Design Standards for Storm Drainage are purposes of review,evaluation,and compliance with this section.No 28.6.1 Planned Unit Development anne n
lasted in the Weld County Subdivision Regulations. rezoning shall be finally approved su the Board of County. Upon determining that the change g application
ommissioners unfit the applicant has submitted an improvements e zone to PUD District
28.3.12 The soils classification and description of the classification agreement or contrct which sets forth the form of improvements and Department
eels the submittal requirements of Section 0 28.5.zone
for the subject site.This information can be obtained from the Soil guarantees and is approved by the Board of County Commissioners. Department of Planning Services shall institute the change of
Conservation Service. procedures in Section 21.4 of this Ordinance.
28.5.12 A soilsurvey and study
tudy of the site proposed for the change 286.2 The Department of Planning Services shall provide a
28.3.13 A general statement describing any ter c roes,water of zone with tatement garding suitability of soils to support all commendation to the Planning Commission concerning the
r Unit Development USES allowed in non the proposed a If the soils survey and study disposition of the requested change of zone to PUD District.
bodies,and irrigation ditches within the Planned
site.
indicate soils which present moderate or severe limitations to the
construction f STRUCTURES or facilities on the site,the applicant 28.7 Duties of the Planning Commission. The Planning
28.3.14 A general statement describing any existing unique features shall submit information which demonstrates that the limitatons can Commission shall hold a within the Planned Unit Development site,i.e.,oil wells,tank batteries, be overcome. This information will be forwarded to the Colorado a change public n hearing D vlo consider tit application for
irrigation ditch headgates, railroad tracks, runways, buildings, Geological Survey for evaluation. of zone to a Planned Unit Development District.
structures,easements,and rights-of-ways. 28.5.13 If according to maps and other information available to Weld 28.7.1 Change of Zone to a PUD District.
28.3.15 A general statement indicating whether or not any unique County,the Department of Planning Services determines that there
natural features exist le the Planned h Development appears to be asand,gravel,or other mineral resource on or under 28.7.2 The Planning Commission shall hold a hearing to consider the
site, i.e., the subjectapplicant shall provide a mineral resource PPlication for the change of zone to a PUD District. The
wildlife frees or vegetative cover. 1 properly,the Supplementary for District he
statement prepared a certified geologist or other qualified expert. Regulations,Section 40,and the Overlay
28.3.16 A general Statement indicating hether any commercial The Statement shall indicate the estimated quantity of resources and Districts, Section 50 when applicale, may also be reviewed
, mineral deposes are on the Planned Umt Development oate. indicate the economic feasibility of recovery,now and in the future,of consurtontthly.The Planning County
Commissioners on shall corcern n the
the resources so that the Planning Commission and Board of County tons to the Board of Cchany g the
28.317 A general statement describing any flood plain,geological Commissioners can determine hether COMMERCIAL MINERAL disposition of the requested change.Such recommendations shall be
9 a DEPOSIT,as defined 34-1.305-1 Colorado Revised Statutes 's made within sixty 60)days of the initial hearing date.The Planning
Development
airport overlay district areas within the Planned Unit contained on or under the subject p Commission shall recommend approval of the request for the change
pment site. j pro a Survey fo information will be f zone of a Planned Unit Development Disstrict unless at finds that
forwarded to the Colorado Geological for evaluation.
28.3.18 A general statement which describes the surrounding land- the applicant has not met one or more of the applicable requirements
uses within one-half(�h)male of the Planned Una Development ZARD H Inct proposed change of zone is located within a FLOOD burden
r of Sections that
the
28.5,and 28.13.the applicant has the
pment site. HAZARD AREA,all submit
by maps officially adopted by Weld County, burden of proof to show that the standards and conditions of Sections
28.3.19 A general description of the landscaping plan for the Weld Count shall submit information which either documents how the 28.7.2,28.5,and 28.13 are met.The applicant shall demonstrate:
Planned Unit Development site. Y Supplementary r Re how the appcerntni Flood Plains 28.7.3 That the proposal is consistent with the Weld County
have been ed or Weidocuments how the applicant'ntentls to meet
28.3.20 A general description of the proposed treatment of the the requirements of the Weld County Supplementary Regulations Comprehensive Plan.
concerning flood plains
perimeter of the Planned Unit Development site,including materials . 28.7.4 That the USES which would be allowed in the
and techniques to be used,such as screens,fences,walls,berms,and 28.5.15 It the change Planned Unit development proposed
other landscaping.
GEOLOGIC HAZARD AREA identified by maps is officially adopted bya Standards of the Planned District
Development
with the contained in
Weld County,•the applicantshall sbmit information which either Section 35.3 of this Ordinance. Pment District contained
28.3.21 Sketch Plan Site Map documents how the Weld County Supplementary Regulations
28.3.22 A drawing of the Planned Unit Development project at concerning Geologic Hazards have been satisfied,or documents how with
the That the USES which FLOP be permitted urril be compatiblearaas
scale of one inch(/•equals one hundred feet(100;),or one inch(1") the applicant intends to meet the requirements of the Weld Cojety with the existing or future DEVELOPMENT of the surrounding area as
equals two hundred)eel(200',composed of one or more sheets with Supplementary Regulations concerning Geologic Hazards. permitted by the existing zoning,and with the future DEVELOPMENT
an outer dimension twenty-four(24 by thirty-sax(36)inches,showing as projected by the COMPREHENSIVE PLAN or MASTER PLANS of
the following of tiwe 28.5.16 A sign shall be posted on the property under consideration affected municipalities.
for PUD Rezoning.The sign shall be posted by the applicant,who shall
28.3.23 Name of the Planned Unit Development project. certify that the sign has been posted for at least ten(10)days 28.7.6 adequate water and sewer service will be made available
preceding the hearing date. The sign shell'be provided by the to the site lv to serve the USES permitted within the proposed Planned
28.3.24 Legal description of the Planned Unit Development site. Department of Planning Services. Unit Development Distract.A PUD distract with residential USES shall
be served by a PUBLIC WATER system.
28.3.25 Contour lines at ten(10)foot intervals. 28.5.17 A certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by the Weld 28.7.7 That STREET or highway fatalities providing access to the
28.3.26 Scale and north arrow. County Assessor of the owners of property(the surface estate)within property are adequate in functional classification,width and structural
five hundred(500)feet of the property subject to the application.The capacity to meet the traffic requirements of the uses of the proposed
28.3.27 The proposed location of land-uses,including approximate or an ownership update from a title or abstract company or attorney,
acreage,gross density,number and height of each type of residential derived from such records,or from the records of the Weld County
unit; and approximate floor area, height, and type of business, Clerk and Recorder.If the list was assembled from the records of the In the event that the STREET orhighway facilities are not adequate,
commercial,and industrial buildings and structures. Weld County Assessor,the applicant shall certify that such list was- the applicant hall supply information which demonstrates the
28.3.28 The proposed vehicular traffic circulation system. assembled within thirty(30)days of the application submission date. Ilene ass d financial peaty to upgrade the street or highway
fatalities an conformance with the Transportation Section of the Weld
County Comprehensive Plan.
Breeze,March 19,1987—15
Public Notices
percent WS%)grade end five(5 foot contours for predominant ground
This shall be shown by submitting,with the PUG District application, 28.9.10 An Improvement Agreement Accorang laity garding slopes itnn the tract ova five percent(5%)grade.
separate proposal for off-site road improvements.This proposal shall Collateral for Improvements.This form is provided by the Weld County
-d scribe,in detail,the type of off-site road improvements to determine Department of Planning Services.The applicant must complete this 20,11,9.All watercourses on the property must be shown.In addition
if the regirement for STREET or highway facilities providing access to form to show the improvements that the applicant is required t all Flood Hazard areas must be delineated.
the property has been satisfied.The method of arenteeing the construct and the type of collateral which will guarantee installation off
installation of proposed off-site road improvements shell be described:. improvements. 28.11.10 All tlrainagrvoirs streets,arroyos,dry gullies,diversion
part of any off-site road provement proposal.The method of ditches,spillways,reservoirs,etc.,which may be incorporated into the
guarantee shall conform with Weld County's policy regarding If street or highway facilities providing access to the property were stormwater management system for the Planned Unit Development
Collateral for Improvements. deeermined adequate at the PUD District application stage because shall be designated.
the applicant proposed separate off-site road improvements in order to
An off-site road improvement proposal shall be used for the purpose comply with Section MBA of this ordinance,the following shall be 28.11.11 All irrigation ditches and laterals shall be shown.
of determining compliance with this section. submitted. •
28.11.12 All required on-site detention areas, including notes
28.7.8 That there been the applicable A separate off-site road improvements agreement proposal.The off- indicating the area and volume of the facility.
requirements Tcontainedrhas in Section compliance n witho this a plica le sae road improvement proposal shall describe,in detail,the type of
requiring overlay aintricts, commercial mineral deposits, and son off-site road improvements to determine if the requirement for STREET 28.11.13 All plans shall indicate the proposed outlet for the storm
regardconditiing
on the subject site. or highway facilities will be adequate in functional classification,width, tlrainage from the property,including the name of the tlrainageway
and structural capacity to meet the traffic requirements of the here appropriate),the downstream ontlitions,and any downstream
28.7.9 The Secretary of the Planning Commission shall forward the proposed zone district.The method of guaranteeing the installation of •estrictlons.
official recommendation of the Planning Commission and the off-site road improvvements shall be described as pa of the
information contained the official record, winch includes the agreement. The method of guarantee shall conform with Weld 28.11.14 Drainage design computations shall be submitted in
Department of-Planning services case file,to the Board of County County's policy regarding Collateral for Improvements. accordance with the W e Id County Subdivision Regulations.
Commissioners within.ten(10)days after said recommendation hes 28.9.11 A statement which summarizes the total area of the PUD
been made. 28.11.15 A landscape plan map shall consist of a drawing of the
Plan.This includes the total number of buildings and STRUCTURES of PUD District and PUD Plan at a scale of one inch(1")equals one
38.7.10 If the Planning Comission recommendation is conditional a particular idt type expressed in units.The total amount number commercial hundred feet(100')or one inch(1')equals two hundred feet(200)
upon the applicant completing certain specified items andindustrial floor space in square feet.The total of off-street -tom ed on one or more sheets with an outer dimension of twenty-
PP P g pe prior to the parking spaces,open storage areas and loading areas in square feet. Pos
publication of the notice. for the hearing by the Board of County Any other information orfour(24)by thirty-six(36)inches showing the following information:
Commissioners,then the ten(10)day period shall commence upon ice which
documents requested area the
submission of the items by the applicant to the Department of t pertinent of Planning tDevelopment
Services which summarizes the total of pg 11 16 A landscape oboe plan indicating the treatment of exterior
Planning Services. the Planned Unit Development Plan. spaces.The design objective of the plan must be clear and supported
28.9.12 A statement describing how each BUILDING and by a written statement.The plan must provide an ample quantity and
28.8 Duties of the Office of the Board of County Commis- STRUCTURE will be used or operated.This includes the volume of r cry of ornamental plant species which are regarded as suitable far
*loners.The Board of County Commissioners shall hold publicea this climate. Landscape treatment must be balanced with both
hearing to consider an application for a change of zone to a Planned establish ant, the to hours conductedin s any commercial or in ts,the evergreen and deciduous plant material with sufficient use of upright
Unit Development } stablishment,the of business of those establishments,the s ecies for vertical control.Plant material selection will be reviewed
merit. I Incne Board snail not approve any PUD number of employees expected to work in any commercial or industrial p
application without written consent of the landowners whose Pvfor adaptability to physical conditions indicated by site plan locations
properties are included within the PUD District the number
the number of DWELLING an other UNITS in each BUILDING,would
The landscape plan shall include the following:
the of parking spaces,and any information which URES
28.8.1. Change of Zone to a PUD District assist in determining the USES of the BUILDINGS and STRUCTURES
Ic the 2811 17 Extent and location of all plant materials and other
and the compatibility of those USES within and adjacent tc the landscape features.Plant material must be identified by direct labeling
Planned Unit Development. on theplant or b a clear) understandable legend.
28.8.2 Upon receipt of the Planning Commission's recommendation, by Y gee
the Office of the Board of County Commissioners shall institute the 28.9.13 A statement which described any proposed treatment, 28.11.18 Flower and shrub bed definition must be clear and drawn
procedures contained in Section 21.6.1 of this Ordinance. buffering or SCREENING between USES, BUILDINGS or STRUC- to scale with dimensions.
28.8.3 The Board of County Commissioners snail hold a public TURES in order to achieve compatibility.A statement which describes
hearing to consider the application and to take final action thereon. the proposed treatment of the perimeter of the PUD, including 20.11,19 Species and size of ekisting plant materials.
The Board shall make a decision on the application within sixty(60) terials and techniq es used,such as screens,fences,walls,berms,
days of the initial hearing date.In making a decision on the proposed and other landscaping. 28.11.20 Proposed treatment of all ground surfaces must be clearly
change of zone,the Board shall consider the recommendation of the 28.9.14 A statement concerning the location and the intended use of indicated(paving,turf,gravel,grading,etc.).
Planning Commission,and limn the facts presented et the public all public and private open space and semi-public uses including
hearing and the information contained in the official record,which parks,recreation areas,school sites,and similar uses. 281121 Location of water outlets.If areas of planting are extensive,
crudes the Department of Planning Services case file.The Board of plans for an underground sprinkler system or suitable alternative will
County Commissioners shall approve the request for the change of be required.
to a Planned Unit Development 28.9.15 A statement detailing how any common open space will be
zone pment District unless it finds that the owned,preserved,and maintained in perpetuity.
applicant has not met one or more of the applicable requirements or 28.11.22 Plant material schedule with common and botanical names,
conditions of Section 28.5,28.8.3,and 28.13.The applicant has the 28.9.16 A copy of all covenants,grants of easements or restrictions sizes, quantities, and method of transplant. Plants must be sized
burden of proof to show that the standards and conditions of Section to be imposed upon the use of the (and, BUILDINGS, and accord Mg to the following table.
28.8.3,28.5,and 28.13 are met.The applicant shall demonstrate: STRUCTURES. Type glee
28.8.4 That the proposal is consistent with the Weld County 28.9.17 A Planned Unit Development Plan construction schedule Standard deciduous 1-'/."to 2"
Comprehensive Plan. showing the approximate dates when construction of the DEVELOP-
MENTcaliperwhich is proposed to start and finish.This shall describe the stages in Small ornamental and
property will conform to the Performance Standards of the Planned hich the DEVELOPMENT ill be constructed,and the ber of flowering trees 1-v:'to 1-+F"caliper •
Unit Development District contained in Section 35.3 of this Ordinance. BUILDINGS to S or STRUCTURES,and the amount of COMMON OPEN
SPACE be completed at each stage. 5'to 6' in height
Evergreen trees
28.8.6 That the USES which would be permitted shall be compatible 28.9.18 A statement describing the method of financing for the
with the existing or future DEVELOPMENT of the surrounding area as Development The statement snail inclutle the estimated construction Shrubs Adequate size tobe consistent
permitted by the existing zoning,and with the future DEVELOPMENT with design tent
as projected by the COMPREHNSIVE PLAN or MASTER PLANS of cost and proposed method sf financing of the street and ,.related
affected municipalities. facilities,water distribution system,sewage collection system,flood 28.11,23 All plant material must meet specifications of the American
plain protection,storm drainage facilities,and such other facilities as Association of Nurserymen(AAN)for number one grade.All trees must
28.8.7 That adequate water and sewer service will be made available may be necessary. be balled and burlaped or the equivalent,
to the site to serve the USESpermitted within the proposed zone 28.9.19 When a proposed STREET intersects state highway,
district A PUD district with residential USES shall be served by a g y'a 28.11.24 No building permit shall be issued for any building or any
PUBLIC WATER system. copy of the state highway permit shall be provided. portion of a Planned Unit Development until the landscaping required
28.9.20 A copy of agreements signed by agricultural irrigation ditch by the landscape plan map is in place or an Improvements Agreement
28.8.8 That STREET or highway facilities providing access to the companies specifying the agreed upon treatment of problems which complies th the requirements in the Official Weld County
property are adequate in functional classification,width,and structural resulting Irom the location f the ditch, any pro Subdivision Regulations has been executed, guaranteeing said
capacity to meet the traffic requirements of the uses of the proposed landscaping.
zone district.
- 28921 Goo. C.._glapfi 2nd invest_ reports.zeganting area- elopment Plat shall be
'5MTIEBllftq 151 Ina'proptva.PUD"UEVELOPMEN7. The maps and c2 11 25 Fine Planned Unit D Prepared
In the event that the STREET or highway facilities are not adequate reports will be furnished to representative of the Colorado Geological according ink the following submission r au acceptable
This s map shall be
the licant hallreview indrawing mylar the map shall h o the Department
anp supply cityrto upgrade the h demonstrates the Survey Division for re and evaluat on. ioft Planning Services.ytwenty-four
The dimensions 2 of the map be thirty-six scale of
willingness and financial with
the ra n Section stro or highway inches inch n wide)equlso (u d inches high,10 and p inc at a
County
in cprehensiv a rah the Transportation of the Weld 2respo A certified lint them names,assignedaddresses and Weld
one (1")equals one hundred feet one or or one inch ho equalsth
County Comprehensive Plan. corresponding Parcel Identification of Number ur by the Whin
County Assessor of the owners of property(th„surface estate)within two hundred feet(200')composed of or more sheets showing the
This shall be shown by submitting,with the PUD District application,a five hundred(500)feet of:he property subject to the application.The fallowing information:
separate proposal for off-site road improvements This proposal shall source of such list shall be the records of the Weld County Assessor, 2811 26 Title,scale,north arrow,PUD Plan application number and
describe,to detail,the type of off-site road improvements to determine or an ownership update from a title or abstract Company or attorney, name.The date 0f the drawing with adequate space for revision dates.
if the requirement for STREET or highway facilities providing access to derived from such records,or from the records of the Weld County
the property has been satisfied.The method of guaranteeing the Clerk and Recorder.If the list was assembled from the records of the 28,11.27 Legal description including total area involved as certified
installation of proposed off-site road improvements shall be described Weld County Assessor,the applicant shall certify that such list was by the su veyor,and name and address of owner of record.
as part of any off-site road improvements proposal The method of assembled within thirty(30)days of the application submission date.
guarantee shall conform with Weld County's policy regarding 28.11.28 Outline of the proposed PUD Plan's perimeter,and a
Collateral for Improvements. 28.9.23 A certified list of the names and addresses of mineral certified boundary and lot survey of the parcel under consideration,
owners and lessees of mineral owners on or under the parcel of land showing all bearings and distances outside the perimeter boundary
An off-site road improvement proposal shall be used for the purpose of being considered.The source of such liM shall be assembled from the lines or along the lot boundary lines.When the parcel is bounded by
determining compliance with this section. records of the Weld County Clerk and Recorder,or from an ownership an irregular shore line or a body of water,the bearings and distances
update from a title or abstract company or an attorney derived fromof a closing meander traverse should be given and a notation made
28.8.9 That there has been compliance with the applicable such records.
requirements contained in Section 21.6.2.5 of this Ordinance chat the plat includes riea all land r to the water's edge or otherwise.shall hal On
regarding overlay districts, commercial mineral deposits, and soil 28.9.24 A sign shall be posted on the property under consideration curved boundaries th re-establishmentd all bury o the plcu,v s on thnt dgro d. ii
conditions on the subject site. for the Planned Unit Development Plan.The ign shall be posted curve to to shal te include in of the curves ur the ground.radius is
the applicant,who shall certify that the sign has been posted for by t curve d2) shall g the following(4))or circular carves:(I) at of
28.8.10 Upon the BOARD making its final decision, resolution least ten(10)days preceding the hearing date.The sign shall be curve,(2) I central angle,(3)tangent, arc length,and(5)notation of
setting forth that decision shall be drafted and signed.A record of provided by the Department of Planning Services. ontangent es.
such action and a copy of the resolution will be kept in the files of the
Clerk to the Board. 28.10 111 Was. lot 28.11.29 kt eli in square feet b acres if larger than one(n acre,
nd
prand sed blocks futuredelineated la and numbered consecutively,nd exist existing streets in
n
28.8.11 The Board shall arrange for the Office of the Weld County 28.101 Illustrations of the proposed architectural style for the sotdotnesfor any portion y of tadja in eent dashed lines
notesubject to the current
Clerk and Recorder to record the resolution and,if the proposed Planned Unit Development.The illustrations shall show layout,profile, planned Unit Development Plan Application.
change of zone to a Planned Unit Development is approved,the computations,and design detail of all BUILDINGS and STRUCTURES.
rezoning plat. In addition,the materials, color,scale,and coordination of buildings 28.11.30 Location and description of uses by block or lot.if different
and structures with surrounding land-uses shall be described.The uses are located within the block.
28.8.12 The change of zone to a Planned Unit Development District design objectives of the PUD plan and architectural style must be
shall be immediate upon the voting by the Board.However,no building clear and supported by a written statement 28.11.31 Location,description,and dimensions of all proposed and
permits shall he issued and no DEVELOPMENT started within a PUD
existing commercial,industrial,and office buildings,structures,open
District until PUD Plan is adopted and recorded by the Department 28.11 Maps.
of Planning Services. storage areas, streets, parking lots, commen open space, signs,
lighting,reevil advertising devices,and any other development,improvement
28.9 Planned Unit Development Plan Application Submittal or feature within the PUD Plan's boundary.
28.11.1 A utility plan map shall consist of a drawing of the Planned
28.9.7 An applicant ay submit an application for a PUD Plan Unit Development project air scale of one inch(/")equals one 28,11.32 Location and description of FLOOD and GEOLOGIC
hundred feet(100')or one inch(1"1 equals two hundred feet(200') HAZARD AREAS.
provided that the Planned Unit Development Plan is located with�'p an
fisting Planned Unit Development District A Planned Unit composed of one or more sheets with an outer dimension of twenty-
ex
Development Plan may encompass all or part of a Planned Unit tour(24)by thirty-six(36)inches showing the following information: 28.11.33 Location and description of proposed SCREENING,
Development District.The uses shall be identical to those located and 28.1 t,2 A utility plan showing the easements for water, sewer, buffering,and LANDSCAPING.
described on the Planned Unit Development District plat.
electric, gas, telephone, and an other tildes within the PUD. 28.11.34 Location and description of proposed sites to be reserved
28.9.2 The following completed information,data,and maps are Easements shall be designed to meet the Weld County Subdivision or dedicated for parks,playgrounds,schools,and other public USES.
required unless waivedby the Department of Planning Services. Regulations for easement standards.
28.11.3 A utility service statement block shall appear on the28.11.35 Location,description and dimensions of all existing and
28.9.3 Written Documents
ty proposed utilities, easements, rights-of-way, waterways and other
The block shall identify each special district,municipality,vel or utility drainage systems,and any other significant features,as determined by
28.9.4 A copy of a certificate of title issued by a title insurance company intended to service the Planned Unit Development.The the Department of Planning Services.
company or an attorneys opinion of the title which shall set forth the block shall include:
names of all owners of property included in the PUD Plan.The list 28.11.36 Parcels not contiguous shall not be included in one plat,
28.11.4 The name of the utility. r shall more than one (1) plat be made on the same sheet.
shall include all mortgages,judgements,liens,easements,contracts,
Contiguous parcels owned and agreements of record in Weld County which shall affect the 20115 A dated signature and statement from the utility's
property the Planned Unit Development Plan. If the attorney's one(1) plate, provided that in the dedication and
hat all owners joinembraced in
by different parties may be
opinion or certificate of title discloses any of the above then the epresentative indicating one of the following:(1)Service is available, acknowledgement.
•
holders or owners of such mortgages,judgements,liens,easements, (2)service is available subject to s acetic conditions,or(3)service is
Contracts,or agreements shall be repot ed to join in and approve the of available for the Planned Unit Development.In the event number 28.11.37 The following certificate blocks shall appear on the plat
application before the Planned Unit Development Plan shall be acted
Squired 121 is indicated,the specific condition shall be described. and shall be completed veyors at the appropriate time. The certificates
upon by the Board. 28.11.6 Plans, Profiles and typical cross section drawings of are a surveyors certificate;a certificate of approval by the
Planning Commission;a certificate of approval by the Board of County
28.9.5 A certificate of title or an abstract of title covering all PUBLIC STREETS, bridges,culverts,and all drainage detention areas and Commissioners; and catte of dedication, ownership and
dedications When the applicant is to dedicate land for scnoolP roads, STRUCTURES.These STREETS,BRIDGES,CULVERTS AND OTHER maintenance by parcel owners regarding COMMON OPEN SPACE,
parks, or other PUBLIC purposes, letter d intent from the DRAINAGE STRUCTURES shall be designed and constructed to meet dedication f fights-of-way, easements, and other public property
appropriate PUBLIC agencies stating that the dedicated lands will be the requirements of the Official Weld County Construction Standards interests and maintenance thereof.
and the Official Weld County Subdivision Regulations. Pavement
accepted.
design computations and drainage design computations shall also be 28.12 Duties of the Department f Planning Services. The
209.6 A warranty dead or doer suitable document ready to execute submitted accordance with the Weld County Subdivision Department of Planning Seices shall be responsible for processing
which deeds to Inc appropriate PUBLIC body all lands other than RegulatiOns.ln all shall have ation fora Planned Unit Development Plan.The Department
STREETS which are to be held for or used for PUBLIC purposes. 28.11.7 A grading and drainage plan map shall consist of a drawing the responsibility met tity ot ensure that all application n, h procedures
g and requirements are prior to any official action.The duties of the
28.9.7 Certificate from the County Treasurer showing no delinquent of the Planned Unit Development District and project at a scale of one Department shall De:
taxes on the property of the proposed PUD Plan inch(1;;)equals one hundred feet or one inch(1")equals two
hundred feet(200')composed of one or more sheets with an outer 28.12.1 Planned Unit Development Plan.The Department of
28.9.8 Certificate from a qualified engineer responsible for the dimension of twenty-four(24)by thirty-six(36)inches showing the Planning Services shall ensure that a proposed PUD Plan is located
design of the utilities. following information: with a Planned Unit Development District.Upon determining that the
28.11.8 A grading and drainage plan indicated by solid line contours applicant has met the Planned Unit Development Plan submittal
28.9.9 Copies of all deed restrictions,including those required by gr gg g requirements in Section 28.9 the Department shall institute the
the Board of County Commissioners to govern the future use of all SuPerimpoaed on lashed line contours el existing topography for the applicable procedures under§action 21.4 of this Ordinance.
land in the Planned Unit Development site. area of the Final Plat.Such contours shall be at two-(2)foot intervals
for predominant ground slopes within the tract between level and five
16—Breeze,March 19,1987
Public Notices .
28.12.2 The Department ot Planning Services shall provide a and a Site Plan Review Application has been approved by the County Subdivision Regulations and Section 136-2-1 or the Colorado
commendation to the Planning Commission !rent ing the
Revised of the requested Planned Unit Development Plan. Department of Planning Services. Revia Statutes,1973,as amended.
28.13 Duties of the Weld County Planning Commission. 28.15 SupplementalProcedures and Requirements. Add a new section 54 to read:
The Planning Comissi0n shall hold a public hearing to 28.15.1 Amendment toe Planned Unit Development District. 54 Planned Unit Development Overlay District
o 28.13.1 3r a he Unit Comision plan old aapub.the arini to Each approved Planned Unit Development District is considered
consider
an shall it Developmentrecommendationspl to the Board of County unique,and the USES described by block and/or lot within a Planned 54.1 Finding of Fact.There are unincorporated areas within Weld
Commissionersshall
rho enda n the requested County Unit Development District shall.only be amended by applying for a County with unique features, such as availability i of urban-type
Unit issioners concerning Plan.Such recommendations shall be made within change of zone to a new Planned Unit Development District.These services and facilities which may be suitable for mixed land-uses,
sixty(60)days of the initial hearing date.The Planning Commission Procedures are Contained m Section 28.5 of this Ordinance. provided that adverse impacts of different sitmland-uses are desirable
o
shall recommend approval of the request for the Planned Unit is recognized that in certain circumstances it may be desirable to
Development Plan unless it finds that the applicant has not met one or 28.15.2 Amendment toe Planned Unit Development Plan.Any provide a greater range or mixture of USES in an area than would be
request to make a major change to an approved Planned Unit permitted under the standard zoning system It is further recognized more of the applicable requirements or conditions of Sections 28.9,
Development Plan shall be processed as a new application for a that the Planned Unit Development procedure permits a greater range
28.11.1,and 28.13.The applicant has the burden of proof to show that
Planned Unit Development Plan under Section 28.9 of this Ordinance. of flexibility than the standard zoning system which does not always
the standards and conditions of Sections 28,9,28.11.1,and 28.13 are
met.The applicant shall demonstrate: This may include,but not be limited to,requests for vacating all or balance the capacity of a site with compatibility to the neighborhood
parts of an approved Planned Unit Development Plan for the purpose
28.13.2 That the proposal is consistent with the Weld County of major redesign or major corrections.The Department of Planning 54.2 . The purpose and imam of the Planned Unit
Comprehensive Pan. Services may waive application requirements which do not pertain to Development Overlay District regulation!shall be to:
the proposed major change to the PUD Plan.
28.13.3 That the Planned Unit Development Plan conforms to the Minimize adverse impacts to water quality and quantity,public health,
PUD District in which it is proposed to be located. 28.15.3 Minor ModnReations to a Planned Unit Development safety,and property within the 1-25 Mixed-Use Development Area and
Plan. The Department of Planning Services may approve minor Activity Centers by requiring commercial and industrial development
28.13.4 That the BUILDINGS,and STRUCTURES which would modifications to a Planned Unit Development Plan.The applicant shall and subdivisions and residential subdivisions to use the Planned Unit
be permitted shall USES, compatible with the a or future prove to the Department that the minor modification is required by Development procedure.
DEVELOPMENT of he surrounding a area as permitted by the existing engineering or other circumstances not foreseen during the approval
zoning, and with the future DEVELOPMENT as projected by the of the Planned Unit Development Plan.The Department shall not Promote a better quality of life within the F25 Mixed Use Development
COMP approve a minor modification if that modification does not conform to Area and Activity Centers by using a procedure designed to provide
EHENSIVE PLAN or MASTER PLANS of affected municipal-
Mee the Planned Unit District. for the orderly development of compatible land-uses and to protect the
28.15.4 Correction to a Planned Unit Development environment.
28.13.5 That there has been conformance with the Performance pmevt Pot.The
Standards outlined in Section 35.3. Board any
of the submission,
Commissioners re e may,wirhout9 hearing or compliance of the Prosiie a procedure tewhich will County
C land-use flexibility in a manner
e y of the submission,referral,or review requirements a ementa of the consistent with the Weld County Comprehensive Plan.
28.13.6 There will be compliance with the Weld County zoning Planned Unit Development Plan regulations,approve a correction to e
Ordinance,Section 50,Overlay districts it the proposal is located toned Unit Development clan is the sole purpose of.such P1 correction t elo Pen n.All uses stDi as allowed by the d ch
within any Overlay District area identified by maps officially adopted by is v lcorrect one or more technical errorsrr in iano approved Planned unit Unit ya Development nitChange D of Zone Districtto e and which
Weld County. Development Plan andwhere such correction is consistent with its qualify as a Planned Unit Development according to the Weld County
approved Planned Unit Development District. Zoning Ordinance.All uses by tight d exessory uses permitted
28.13.7 That there has been compliance with the submittal under the current zoned district within he overlay district.
requirements of the Planned Unit Development Plan,and that the submt Failure toe(1)year e•PUD Plan.If no h PUD Plan o the Lion
Planned Unit Development Plat and the supporting documents satisfy submitted the within one C() i the date requireof the aph al of landowner n PUD 54.4 Rons a Requirements.Commercialbvi and industrial sl the
and
the legitimate concerns of the Planning Commission. District, the Planning Commission shall the atthe PUD subdivisions and residential subdivisions slid- a the Planned Una
pppect before it and presentevidenceridthat substantiating applicant
n t that the Development procedure within the I-25 Developments
Development Area
28.13.8 The Secretary of the Planning Commission shall forward the project has not been abandoned andwith
the bm ittal 01 possesses the d Activity Centers.All Are s all Developments within the public
c
official recommendation of the Planning Commission and the willingness and Commission is to continue with e submittal the of use PUD plan. Mixed-use Development Area shay have pubic water and
formation contained the official record, which includes the The Planning may extend the date r for submittal of the sewer systems.
Department of Planning Services case file,to the Clerk M the Board of PUD Plan application the and shall annually !quire the applicant to
County Commissioners within ten(10)days after said recommendation demonstrate Commission that the PUD has not been abandoned.orta a the Planning 54.5 t.T here is hereby the abli hed n Weld Development Overlay
has been made. determined that conditions or statements made v Planned
District.Thera is established' County,Colorado,a
supporting the original approval of the PUD Zone District have Pl Unit Development Overlay District
28.13.9 If the Planning Commission's recommendation is conditional hanged or that the landowner cannot implement the PUD Plan,the
upon the applicant completing certain specified items prior to the Planning Commission shall recommend to the Board of County annet Unit Development Overlay District includes all of the
publication of the notice for the hearing by the Board of County Commissioners that the PUD District approval be revoked.If the Board unincorporated pmen area of Weld County known as the I-25 Mixed-Use
submissiose
Commission o�the then the
ten
y(t0)e applicant period
tshall the Departe ment a upon
of district and es fr orderloth hearing,
d PUD the zone one d diistrict reverted.the PUD zone
the Development Area and t Area and AActivity Ceder is shown Centers.A of ineFigure 1 of 25 (the
Planning Services. items
original zone district r Weld County Zoning Ordinance
in
28.14 Duties of the Board of County Commissioners Plan
Failure to Commence a Planned Unit Development Interpretation of the Planned Unit Development Overlay District
Plan If no construction has begun or no USE established in the boundaries,location of LOT lines with respect to the boundaries and
Planned Unit Development within one(1)year of the date of the similar questions shall be determined according
1h28O4.1 ft r}he Booed toe CouningCommiission ran
re hammendetion, approval of the Plannetl Unit Development Plan, the Planning ordinance. to Section 80 of this
a Commission may require the landowner to appear before it and
28.14.2 Set a Board of County Commissioners' hearing to present evidence substantiating that the Planned Unit Development
hake 14.2!not less than thirty days Commissioners'
not s'public u than hearing
to0) project has not been abandoned and that the applicant possesses the
days after receipt of the Planning Commission's recommendation,for willingness and ability to continue the Planned Unit Development.The I-25 MIXED-USE DEVELOPMENT
consideration of the proposed Planned Unit Development Plan. Unit De elo Commission may extend the date for initiation of the Planned
Unit Development construction and shall annually require the AREA AND ACTIVITY CENTERS
28.14.3 Arrange for legal notice of said hearing to be published once applicant to demonstrate that the Planned Unit Development has not
in the newspaper designated is the Board ri County Commissioners been abandoned. If the Planning Commission determines that :-v
for publication newspaper
notices.At the discretion f the y Co of County conditions supporting the original approval of the-Planned Unit :�J I 1:71t...2.„,1 I =
Commissioners,a second notice may be published a newspaper Development t Plan have snit that the landowner cannot I I I I f-----,f I I l
which is published in he area in which the Planned Unit Development Commis implement the Planned conic Development Plan, the Planning I I I '" _ I n
Plan is proposed.The failure to publish the second notice shall not Commission may recommend to the Board of County Commissioners - i
create g process.The date of that theaPUD Plan approval be withdrawn.If the Board agrees after a -27..,1„ rr..rw: V� I J ..1,,i vn-a jurisdictional defect the hearing public hearing,the Board may revoke the Planned Unit Development ✓'Ip' publication shall be at least thirty(30)days prior to he hearing. Pan and order the recorded Planned Unit Development Plan vacated. r {/, `I j
ri28.14.4 Arrange for the applicant to post a sign on the property 28.15.7 Enforcement of the Planned Unit Development Plan. _ I L
under consideration for the Planned Unit Development Plan according The Planned Unit Development Plan's construction schedule and the I I I I ( I
to the requirements of Section 21.4.2.5. maintenance of COMMON OPEN SPACE shall be enforced as follows:
28.14.5 Give notice of the proposed Planned Unit Development Plan 2815.8 The Construction and provision of all COMMON OPEN ,and the public hearing date to those persons listed in the application SPACE,public utilties,and recreational facilities which are shown on I 1`•
as owners d lessees of the mineral state on or under the parcel the Planned Unit Development Plan shall proceed at a rate which is no Lnder consideration.Such notification shall be mailed,first class not slower than the construction of residential,commercial or industrial I 1 1 i.
e s than ten(10 days before the scheduled public hearing.Such BUILDINGS and STRUCTURES.Periodical) the Planning Commission _,1.lotice is notrequired by Colorado stet.Statute and is provided as a o its representative shall compare the DEVELOPMENT to date with I—,•• rti I sJ I m I r`
,ourtesy to the owners and lessees of the mineral estate on or under the approved construction schedule. - I
he parcel.Inadvertent errors by the applicant in suppling such list or �'I i
:he Board of County Commissioners in sanding such notice shall not 28.15.9 All developments shall meet the s c —
-esult a jurisdictional defect in the hearing process even if such err forth and no final plan shell be approved that does
ants herein
r
'exults in the failure of a surrounding property owner to receive such requirements. no m 1 l�ji: I OI Mr
loth ication. L'�
28.15.10 The developer shall submit a legal instrument setting forth i r-1"1 :'I^28.14.6 Give notice of the proposed Planned Unit Development Plan a plan providing for the permanent care and maintenance o open I I R I I ,I
and the public hearing date to those persons listed in the application spaces,recreational areas and commonly owned facilities and parking I. i
nowners and lessees f the mineral estate on or under the parcel lots.The same shall be submitted to the County Attorney and sall nt W I I_ •
der consideration.Such notification shall be mailed first class not b accepted until approved as to legal form and effect.If the common ass than ten(10)days before the scheduled public hearing.Such p pace is deeded to a homeowners'association,the I - 1
otice not required by Colorado State Statute and a provided as a sell me the proposed documents governing the association.Such i I r �.
rtesy to the owners and lessees of the mineral estate on or under documents shall meet the following I
he parcel.Inadvertent errors by the applicant in supplying such list or 9 requirements. .„I.= 9C, "'rte _ I
he Board of County Commissioners in sending such notice shall not ,.'r- i '
late a jurisdictional defect in the hearing process even if such error 28'residences
The homeowners'association must be established before _
-esults in failure of a surrounding property owner to receive such any resitlences are sold. I` I I 14:6 I I I
)otification. 28.15.12 Membership in the association must be mandatory for each I I Ir I
28.14.7 The Board of County Commissioners shall hold a public residence owner. a
leering to consider the application and to take final action thereon. 28.15.13 Open space restrictions must be permanent and not for e I `+��I+r`�n.e: I I ( 1, I I 1 n
he Board shall make a decision on the application within sixty(60) period of years. a CL
Jays of he initial hearing date.In making a decision on the proposed ( 111- I I _
tanned Unit Development Plan, the Board shall consider the 28.15.14 The homeowners'association must be made responsible I I I I �I
ecommendation of the Planning Commission, and from the facts in ponsand - nnn �I mr
xesented at the public hearing and the information contained in the for liability insurance,taxes,and maintenance of recreational and
nn
official record,which includes the Department of Planning Services other facilities.
ass file.The Board of County Commissioners snail approve the 28.15.15 The association must have he power to le assessments :^_� t„t )equest for the Planned Unit Development Plan unless it finds that the which c become a lien on individual rmises for the Fu . ^— ��ooplicanl has not met one or more of the applicable requirements or paying the cost of operating and maintaining common purpose of vie„
ditions of Sections 28.9,28.12.7,and 28.13.The applicant has the g facilities.
rden of proof to show that the standards and conditions of Section 28,15.16 If the organization established to own and maintain
• r,9u.t 9-„f77:::
?8.9,28.12.7,.and 28.13 are met.The applicant shall demonstrate: COMMON OPEN SPACE, or any successor organization fails to ��"'"
28.14.8 That the proposal is consistent with the Weld County maintain the COMMON OPEN SPACE reasonable order and
:28 14.8 Plan. condition accordance with the approved Planned Unit Development The bove and foregoing Ordinance was,on motion duly made antl
Plan,the following action may be taken: seconded,adopted by the following vote on the day of A.D.,
1987.
28.14.9 That the proposed Planned Unit Development Plan conforms 28.15.17 The Board of County Commissioners may serve written
°the Planned Unit Development District in which it is proposed to be notice upon such organization or upon the owners or residents of the BOARD OF COUNTY COMMISSIONERS
ocated. Planned Unit Development setting forth that the organization has WELD COUNTY.COLORADO
failed t`comply with the Planned Unit Development Plan.Said notice
28.14.10 That the USES, BUILDINGS, and STRUCTURES which
mould be permitted shall be compatible with the i ring or future hall lude a demand that such deficiencies of aintenance be
te existing cured within thirty(30)days thereof.A hearing shall be held by the Gordon E.Lacy,Chairman DEVELOPMENT of the surrounding area as permitted by
toning,and with the future DEVELOPMENT projected by the Board within fourteen(14)days of the issuance of such notice,the
g, V time,date,and place of hearing.The Board may modifythe terms of AMPREHENSIVE PLAN or MASTER PLANS of affected municipals- the original notice as to deficiencies and may give an extension of C.W. Kirby,Pro-Tern'
s. time within which they shall be rectified.
28.14.11 That there has been conformance with the Performance 28.15.18 If the deficiencies set forth in the on inal notice or in the standards outlined Section 35.3. modifications thereof are not rectified within thirty(30)days or any
Gene R.Brantner
28.14.12 That there has been compliance with the Weld County tension thereof,the Board,in order to preserve the values of the
?oilin Ordinance,Section 50. properties within he Planned Unit Development and to prevent he •
ocated within any Overlay District identified by Districts if the proposal is COMMON OPEN SPACE from becoming a public nuisance,may enter Jacqueline Johnson
maps officially adopted upon said COMMON OPEN SPACE and maintain the same for a
>Y Weld County. period of one(1)year.Said entry and maintenance shell not vest in Frank Yamaguchi
28.14.13 That there has been compliance with the submittal the PUBLIC any rights to use the COMMON OPEN SPACE except
'eg.14.1 iris of the Plan Unit Development Plan,and that the Plan when the same is voluntarily dedicated to the PUBLIC by the owners ATTEST: .
Jnit Development Plan Plat and the supporting documents satisfy the and accepted by the Board of County Commissioners.Before the
egitimee concerns of the Board expiration of saidt one (1) year periotl, the Board of County Weld County Clerk and Recorder
Commissioners shall call a public hearing to consider the necessity of and Clerk to the Board
Yo Plan Unit Development Plen Flet shall be record d in the office of continuing such maintenance for a succeeding year.Notice of the
he Weld County Clerk and Recorder and no building permit shall be hearing shell be given,in writing,not less then thirty( days end not BY:
awed for the PUD Plan until the following has occurred. more than sixty(60)days prior to this hearing to the the organization Deputy County Clerk
normally responsible for the maintenance of the COMMON OPEN
6e Board of Commissionersmust approve all improvement SPACE and to the owners or residents of the Planned Unit APPROVED AS TO FORM:
agreements guaranteeing the installation and type of improvements, andDev able
ot.If int inB saird d COMMON s that SPACE P Ei in ntro is ready
ncluding a separate off-site road improvement agreement if and to maintain said OPEN aidCOMMON PEle
condition,the Board may succeeding
to maintain said OPEN County Attorney
�plciyab All
gColle era)hrmust
im a made in conformance with the SPACE,during the n t succeetling ryear,and shall be subject to a
regarding Improvements. similar hearing and determination i each year thereafter. PUB ICAT ON Marchrch918,9087
28.14.14 After the Board of County Commissioners makes its final 2 o 9 The cost of such maintenance by the Unit shall be paid
fectrafteon, a resolution greA setting or forth
the action s ddecision
isicopy shell
be the by the owners of the properties within the Planned Unit Development SECOND READING:April 1, 1987
esfted and si such a of that have a right of enjoyment of the COMMON OPEN SPACE and any PUBLICATION:April 2, 1987 elution shall be kept r in the files of the Clerk to the Board unpaid assessments shall become a tax lien on said properties,
28.14.15 The Board shall arrange for the Office of the Weld County pursuant to Section 24-87-105 of the Colorado Revised Statutes, FINAL READING:April 15, 1987
;ark and Recorder to record the resolution and the proposed Planned 1973,as amended. PUBLICATION:April 16,1987
Jnit Development Plan if it is approved.No building permits shall be 28.15.20 Monuments.Permanent reference monuments shall be Effective Date:April 21,1987 ssued until the Planned Unit Development Plan has been recorded set on the Planned Unit Development according to the Official Weld Published in the Johnstown Breeze
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