HomeMy WebLinkAbout980131.tiff •
( MEMORANDUM
To: Weld County Planning Commission October 7, 1997
From: Monica Daniels-Mika, Director, and Kern Keithley, Planner
COLORADO Subject: Ordinance Changes: Introduction oLthe PUD Ordinance
ZONING ORDINANCE RECOMMENDATION:
The Department of Planning Services recommends that the following Zoning Ordinance Sections be repealed. This
recommendation further proposes to introduce a new PUD Ordinance. this PUD Ordinance will become an
independent document and will be represented as such. The Department of Planning Services staff has determined
that the following standards have been satisfied:
22.3.2.1. The existing Zoning Ordinance is in need of revision as proposed,
22.3.2.2. The proposed amendment will be consistent with the future goals and needs of the County
as set out in the Weld County Comprhensive Plan, and
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22.3.2.3. The proposed amendment will be consistent with the overall intent of the Weld County
Zoning Ordinance.
The Department of Planning Services'staff recommends adoption of the proposed PUD Ordinance (draft date August
27, 1997) with the following changes. More specifically, these changes occur in Sections 2.5, 2.13, 3.4.2, 3.4.3,
7.4.2.1.2, 7.4.2.1.3, 7.4.2.1, 7.4.2.2, and 9.2.1.5 of the proposed document.
Proposed changes.
The following sentences shall be added to Section 2.5:
In Non-Urban Scale Developments with a minimum 80 acre agricultural outlot,the preservation of the
agricultural outlot may be considered to meet the intent of the Common Open Space requirement.
The following sentences shall be added to Section 2.13:
Non-Urban Scale Development on public water&septic(s)shall have a minimum lot size of one (1)acre
and an overall density of two and one-half(2'A)acres per septic system. Non-Urban Scale Development
proposing individual,private wells and septic systems shall have a minimum lot size of two and one-half
(2'V2)acres per lot KNOW. Scale PUb presery ng a ttrtnimum 8Q acts aglfcultura€out-lQtmay be
located*djacent te,other Non-Urban Scale PUD s.wblQh also esatve a rtsiratp mt 80 act agnct7ltural
o4t-ldti
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The following time parameters and reviews shall be change to read the following in Section 3.4.1-3.4.3:
Annroximate Days
3.4.1 Sketch Plan: Administrative Review 45
3.4.2 change of lone: ,. Both options require: 60-90
Specific Guide Planning Commission Review &
*Conceptual Guide BOCC Review and Approval
3.4.3 Final Plan:
* Specific Guide Administrative Review 45
Conceptual Guide— BOCC Review and Approval 45-60
TOTAL: Specific Guide— 150-180 days
SERVICE,TEAMWORK,INTEGI lY,Q UAEnY
OCD /r/7
980131
Conceptual Guide— 150-195 days
Section 7.4.2.1.2 shall be deleted and the subsequent sections shall be renumbered:
7.4.2.1.2 Set a 0eaid el County Cam n,ss,efl e G„g datL nut Iss 1ha,i tufty fie (15)days no 'itchy Wait
sixty (G0)days after the complete application has been submitted.
The following verbiage shall be added to Section 7.4.2.1.3 to read as follows:
7.4.2.1.3 The planner shall review the Final Plan application and approve or conditionally approve,the
application if the applicant has demonstrated compliance with Sections 7.4.3.1 through 7.4.3.8
of this Ordinance.
The phrase, "and the proposed PUD is not controversial in nature"shall be deleted from Section 7.4.2.1.
The phrase, "or that the proposed PUD is controversial in nature"shall be deleted from Section 7.4.2.2.
The phrase, "the Board of County Commissioners shall require the landowner to appear before it.."in Section 8.7
shall be changes to, "the Board of County Commissioners to requite the landowner to appear before it.?
Section 8.13 shall be changed to read the following:
8_t3 Requesting Redesfpn:The Board ofGounty tortzmissi'oner may request redesign of all or any.
partiort of a pfanned unit development submitted,for approval but any such request shall
read. diiiiii.04010000iMOW
The following section shall be added as Section 9.2.1.5 and the subsequent sections renumbered:
9.2.1.5 The development's name and zoning district(s) approved at the Change of Zone.
SERVICE,TEAMWORK.INTEGRITY.QUALITY
PLANNED UNIT DEVELOPMENT
OUTLINE
1 . Intent 1
2. Performance Standards 2
3. Application Procedures and Requirement 5
3.1 Intent 5
3.3 Application Process 5
3.4 Time Parameters 5
4. PUD Sketch Plan - Step One 5
4.1 Intent 5
4.4 Review Procedure for Sketch Plan 8
5. PUD Change of Zone - Step Two 9
5.1 Intent 9
5.3 Requirements for Submittal 9
6. Development Guide Requirements 10
6.1 Intent 10
6.2 Development Guide Options 10
6.2.1 Option One 10
6.2.2 Option Two 10
6.3 Major Proponents of the Development Guide 10
6.3.1 Environment Impacts 11
6.3.2 Service Provision Impacts 12
6.3.3 Landscaping Elements 10
6.3.4 Site Design 13
6.3.5 Common Open Space Usage 14
6.3.6 Proposed Signage 16
6.3.7 MUD Impacts 19
6.3.8 Intergovernmental Agreement Impacts 19
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6.4 Review Procedure for the Change of Zone 20
7. PUD Final Plan Step Three 24
7.1 Intent 24
7.3 Requirements for Submittal 25
7.4 Review Procedure for the Final Plan 26
8. Supplemental Procedures and Requirements 30
9. PUD Mapping Requirements 33
9.1 Sketch Plan Map Requirements 33
9.2 Change of Zone and Final Plat Map Requirements 33
9.3 Landscape Map Requirements 35
9.4 Final Plan Utility Map Requirements 35
pubtable.sef
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PLANNED UNIT DEVELOPMENT
TABLE OF CONTENTS
1 . Intent 1
t t
2. Performance Standards 2
3. Application Procedures and Requirement 5
4. PUD Sketch Plan - Step One 5
5. PUD Change of Zone - Step Two 9
6. Development Guide Requirements 10
7. PUD Final Plan - Step Three 24
8. Supplemental Procedures and Requirements 30
9. PUD Mapping Requirements 33
pudoutsef
SECTIONS OF THE ZONING ORDINANCE THAT NEED DELETION
SECTION 10
Ordinance Changes 89N; 89P.
Table of Contents 28, 35
Definitions - P
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SECTION 20
23.1.2/28/28.4/28.5/28.5.1.1 /28.5.1.2/28.5.1.2/28.5.1.3/28.5.1.428.5.1.5/28.5.1.6/28.5.1.8/28.5.1.9/
28.5.1.10 /28.5.2.1 /28.5.2.12/28.5.2.13/28.5.3.1 /28.5.3.2/28.5.3.7/28.5.3.8 /28.5.3.9/28.5.3.10/
28.5.3.12/28.5.3.13/28.6.1 /28.6.2/28.7.1 /28.7.1.1 /28.7.1.5/28.7.16/28.8/28.8.128.8.1.6 /28.8.1.11 /
28.9/28.9.1.1 /28.9.1.4 /28.9.1.7/28.9.1.8/28.9.1.10/28.9.1.18/28.10.1 /28.11.1.1 /28.11.4 /28.11.5.1 /
28.11.5.3 /28.11.5.6/28.12.1 /28.13.1.2/28.14.1.12/28.15.2/28.15.5.
SECTION 30
Table of Contents -35
31.4.18/35/ 35.1 /35.2/35.2.1 /35.2.2/35.2.3/ 35.3/35.3.1 /35.3.2/35.3.3/35.3.4/35.3.5/35.3.6/35.3.7/
35.3.8 / 35.3.9/35.4/35.5.
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SECTIONS OF THE ZONING ORDINANCE PROPOSED FOR DELETION
10 Definitions 10- 1
PUD (PLANNED UNIT DEVELOPMENT): Means a zoning district which includes an area
of land, controlled by one or more landowners, to be developed under unified control or
unified plan of development for a number of dwelling units, commercial educational,
recreational, or industrial uses, or any combination of the foregoing, the plan for which may
not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other
restriction to the existing land use regulations.
28 Procedures and Requirements of the PUD District 20-51
30 Zone Districts
35 PUD (Planned Unit Development) District 30-34
28 Procedures and Requirements of the PUD District
28.1 Intent. This Section establishes the review and application procedures and requirements for
a Planned Unit Development Sketch Plan, Change of Zone to a Planned Unit Development
District, and for a Planned Unit Development Plan. All proposed amendments and minor
modifications to an approved Planned Unit Development plan shall be subject to the
procedures stated in this Section. When applicable, the supplemental procedures of this
Section shall 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.
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. The following completed information, data, and maps are
required:
28.3.1 Written documents.
28.3.1.1 The Planned Unit Development Sketch Plan application forms and
application fee.
28.3.1.2 A general statement describing the concept, land-use(s), and
architectural style of the Planned Unit Development project.
28.3.1.3 A general statement describing the size and type of any public and
private open space and semi-public uses, including parks,
recreation areas, school sites, and similar uses.
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28.3.1.4 A general statement which describes: The approximate number and
type of residential units, approximate number, floor area, height,
and type of business, commercial, and industrial buildings and
Structures. The approximate number and size of any open storage
areas. An estimate of the number of employees for the business,
commercial and industrial uses.
28.3.1.5 A general statement describing the Planned Unit Developments
source of water and type of system.
28.3.1.6 A general statement describing the Planned Unit Development's
type of sewer system.
28.3.1.7 A general statement describing the Planned Unit Developments
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 Regulations. Weld
County road classifications are listed in the Weld County
Comprehensive Plan).
28.3.1.8 A general statement describing any other proposed circulation
systems or trails, i.e., pedestrian, horse riding, runways, or
taxiways.
28.3.1.9 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.
28.3.1.10 The soils classification and description of the classification for the
subject site. This information can be obtained from the Soil
Conservation Service.
28.3.1.11 A general statement describing any water courses, water bodies,
and irrigation ditches within the Planned Unit Development site.
28.3.1.12 A general statement describing any existing unique features within
the Planned Unit Development site, i.e., oil wells, tank batteries,
irrigation ditch headgates, railroad tracks, runways, buildings,
structures, easements, and rights-of-way.
28.3.1.13 A general statement indicating whether or not any unique natural
features exist on the Planned Unit Development site, i.e., wildlife
areas or vegetative cover.
28.3 1 14 A general statement indicating whether any commercial mineral
deposits are on the Planned Unit Development site.
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28.3.1.15 A general statement describing any flood plain, geological hazard,
and airport overlay district areas within the Planned Unit
Development site.
28.3.1.16 A general statement which describes the surrounding land-uses
within one-half(1/2) mile of the Planned Unit Development site.
28.3.1.17 A general description of the landscaping plan for the Planned Unit
Development site.
28.3.1.18 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.
28.3.2 Sketch Plan Site Map
28.3.2.1 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:
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28.3.2.2 Name of the Planned Unit Development project.
28.3.2.3 Legal description of the Planned Unit Development site. •
28.3.2.4 Contour lines at ten (10) foot intervals. •
28.3.2.5 Scale and north arrow.
28.3.2.6 The proposed location of land-uses, including approximate acreage,
gross density, number and height of each type of residential unit;
and approximate floor area, height, and type of business,
commercial, and industrial buildings and structures.
28.3.2.7 The proposed vehicular traffic circulation system.
28.3.2.8 The proposed location of any other circulation system or trails.
28.3.2.9 The location of any existing unique features within the Planned Unit
Development project, i.e., oil wells, tank batteries, irrigation ditches,
water bodies, railroad tracks, easements, rights-of-way, etc.
28.3.2.10 The approximate location of any proposed existing landscape
features.
28.3.2.11 The general location of any flood plain, geological hazard, and
airport overlay districts within the Planned Unit Development
project.
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28.3.3 Vicinity Map.
28.3.11 The vicinity map shall be drawn at a scale of one inch (1") equals
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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:
28.3.3.2 Existing zone districts within one-half(1/2) mile of the boundaries
of the Planned Unit Development project.
28.3.3.3 The existing uses within one-half(1/2) mile of the boundaries of the
Planned Unit Development project.
28.3.3.4 The existing street and highway system within one-half(1/2) mile of
the boundaries of the Planned Unit Development project.
28.4 PUD Sketch Plan Review and Conference. A Planned Unit Development Sketch Plan shall
be submitted prior to a submittal of a Planned Unit Development District change of zone
application. The Department may take up to thirty (30) days for its review of the Planned Unit
Development Sketch Plan. After its review, the Department of Planning Services may
schedule a conference with the applicant. The purpose of the conference will be to
familiarize the applicant with the Planned Unit Development District change of zone
procedures and advise the applicant of any problems discovered during the review of the
Planned Unit Development Sketch Plan.
28.5 PUD District Application Submittal. The following completed information, data, and maps are
required for a Planned Unit Development change of zone district.
28.5.1 Written Documents.
28.5.1.1 The PUD District application forms and application fee.
28.5.1.2 A statement describing the proposed PUD Concept, land-use(s),
and architectural style of the PUD.
28.5.1.3 A statement which demonstrates the proposed PUD rezoning is
consistent with the policies of the Weld County Comprehensive
Plan.
28.5.1.4 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
28.5.1 5 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.
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28.5.1.6 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 units within
the PUD, including number of units.
28.5.1.7 A description of the size and type of any public and private open
space and semi-public uses, including parks, recreation areas,
school sites, fire and sheriff substations, and similar uses.
28.5.1.8 A description of the water source and system and a statement from
the representative of the provider of the water system which
demonstrates that the water supply quality and quantity is sufficient
to meet the requirements of the uses within the PUD District. A
PUD district with residential USES shall be served by a PUBLIC
WATER system.
28.5.1.9 A description of the sewage disposal facility. If the facility is a
sewer system, a statement from the representative of the provider
of the sewer system utility which demonstrates that the disposal
system will adequately serve the uses within the PUD District.
28.5.1.10 A description of the functional classification, width and structural
capacity of the STREET and highway facilities which provide
access to the PUD District. If the street or highway facilities
providing access to the PUD District are not adequate to meet the
requirements of the proposed district 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
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
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.
28.5.1.11 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 demonstrates that the limitations can
be overcome. This information will be forwarded to the Colorado
Geolbgical Survey for evaluation.
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28.5.1.12 If, according to maps and other information available to Weld
County, the Department of Planning Services determines that there
appears to be a sand, gravel, or other mineral resource on or under
the subject property, the applicant shall provide a mineral resource
statement prepared by a certified geologist or other qualified expert.
The statement shall indicate the estimated quantity of resources
and indicate the economic feasibility of recovery, now and in the
future, of the resources so that the Planning Commission and Board
of County Commissioners can determine whether a COMMERCIAL
MINERAL DEPOSIT, as defined in 34-1-305(1) Colorado Revised
Statutes is contained on or under the subject properties. This
information will be forwarded to the Colorado Geological Survey for
evaluation.
28.5.1.13 If the proposed change of zone is located within a FLOOD 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 Flood Plains
have been satisfied or documents how the applicant intends to
meet the requirements of the Weld County Supplementary
Regulations concerning flood plains.
28.5.1.14 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.
28.5.1.15 Post a sign for the applicant on the property under consideration for
a Planned Unit Development Rezoning. The sign shall be posted
adjacent to and visible from a publicly maintained road right-of-way.
In the event the property under consideration is not adjacent to a
publicly maintained road right-of-way, one sign shall be posted in
the most prominent place on the property and a second sign posted
at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way. The sign shall be posted at
least (10) days prior to the hearing.
28.5.1.16 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 application. The
source of such list shall be the records of the Weld County
Assessor, or an ownership update from a title or abstract company
or attorney, derived from such records, or from the records of the
Weld County Clerk and Recorder. If the list was assembled from
the records of the Weld County Assessor, the applicant shall certify
that such list was assembled within thirty (30) days of the
application submission date.
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28.5.1.17 A certified list of the names and addresses of mineral 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
records of the Weld County Clerk and Recorder, or from an
ownership update derived from such records of a title or abstract
company or an attorney, derived from such records.
28.5.1.18 Such additional information as may be required by the Department
of Planning Services, the Planning Commission or the Board of
County Commissioners in order to determine that the application
meets the goals, policies, and standards set forth in this ordinance
and the Weld County Comprehensive Plan.
28.5.2 Planned Unit Development District Plat
28.5.2.1 A PUD District plat shall be delineated in drawing 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:
28.5.2.2 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.
28.5.2.3 Legal description, including total area involved, as certified by the
surveyor.
28.5.2.4 Title, scale, and north arrow.
28.5.2.5 Date of drawing.
28.5.2.6 The following certificates shall appear on the map:
28.5.2.7 Surveyor's certificate.
28.5.2.8 Planning Commission certificate.
28.5.2.9 Board of County Commissioner's certificate.
28.5.2.10 The proposed location of land-uses by block, including block size
in acres, gross density, number, and height of each type of
residential unit; approximate floor areas, height, and type of
businesses, commercial, and industrial uses; and the location of
common open areas, i.e., public parks, school sites. and similar
uses.
28.5.2.11 The proposed location of the traffic circulation system, including
road classification, right-of-way width, road surface width, and
access to public rights-of-way.
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28.5.2.12 The location of any existing easements, rights-of-way, structures,
and uses within the PUD District including, oil wells, tank batteries,
irrigation ditches, water bodies, railroad tracks or dwellings. •
28.5.2.13 The proposed location of any other circulation systems or trails
within the PUD District.
28.5.3 Planned Unit Development District Vicinity Map
28.5.3.1 A PUD District Vicinity Map shall be delineated in drawing ink on
mylar (not sepias) at a scale of 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.
28.5.3.2 An outline of the perimeter of the proposed PUD District.
28.5.3.3 Title, scale, and north arrow.
28.5.3.4 Contour lines at ten (10) foot intervals.
28.5.3.5 The identification of all zone districts within one-half(1/2) mile of the
• boundaries of the Planned Unit Development District.
• 28.5.3.6 The identification of all uses within one-half mile of the boundaries
of the Planned Unit Development District.
28.5.3.7 The existing street and highway system within one-half(1/2) mile of
the boundaries of the PUD District, including road classification,
right-of-way width, and road surface width.
28.5.3.8 The location of any mineral resource areas within the proposed
PUD district.
28.5.3.9 - The location of any GEOLOGICAL HAZARD areas within the
• proposed PUD district.
28.5.3.10 The location of any Flood Hazard Area within the proposed PUD
district.
28.5.3.11 The location of on-site detention areas to be incorporated in the
storm drainage systems, including notes indicating the approximate
area and volume of th' facility.
28.5.3.12 The location of any drainage ways within the proposed PUD district.
28.5.3.13 The location and identification of any landscaping plans for the
perimeter of the proposed PUD district.
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28.6 Duties of the Department of Planning Services. The Department of Planning Services shall
be responsible for processing all applications for a Change of Zone to Planned Unit
Development District. The Department shall have the responsibility to ensure that all
application procedures and requirements are met prior to any official action. The duties of
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the Department shall be:
28.6.1 Planned Unit Development Rezoning Application. Upon determining that the
change of zone to a PUD 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
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of zone to PUD District.
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.
28.7.1.1 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 be made within sixty (60) days of the initial
hearing date. The Planning Commission shall recommend approval
of the request for the change of zone of a Planned Unit
Development District only if it finds that the applicant has met the
applicable requirements or conditions of Sections 28.7.2, 28.5, and
28.13. The applicant has the burden of proof to show that the
standards and conditions of Sections 28.7.2, 28.5, and 28.13 are
met. The applicant shall demonstrate:
28.7.1.2 That the proposal is consistent with the Weld County
Comprehensive Plan.
28.7.1.3 That the USES which would be allowed in the proposed Planned
Unit development District will conform with the Performance
Standards of the Planned Unit Development District contained in
Section 35.3 of this Ordinance.
28.7.1 4 That the USES which would be permitted shall be compatible with
the existing or future DEVELOPMENT of the surrounding area as
permitted by the existing zoning, and with the future
DEVELOPMENT as projected by the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities.
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28.7.1.5 That adequate water and sewer service will be made available to
the site to serve the USES permitted within the proposed Planned
Unit Development District. A PUD district with residential USES
shall be served by a PUBLIC WATER system.
28.7.1.6 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.
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 off-site road improvements. This proposal shall
describe, in detail, the type of off-site road improvements to determine if the
requirement for STREET or highway facilities providing access to the
property has been satisfied. The method of guaranteeing the installation of
proposed off-site road improvements shall be described as part of any off-
site road improvement proposal. The method of guarantee shall conform
with Weld County's policy regarding Collateral for Improvements.
An off-site road improvement proposal shall be used for the
purpose of determining compliance with this section. •
28.7.1.7 That there has been compliance with the applicable requirements
contained in Section 21.5.1.5 of this Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the
subject site.
28.7.1.8 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 Board of County Commissioners
within ten (10) days after said recommendation has been made.
28.7.1.9 If the Planning Commission recommendation is conditional upon the
applicant completing certain specified items prior to the publication
of the 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
28.8.1.1 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.
28.8.1.2 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 of the
initial hearing date. In making a decision on the proposed change
of zone, 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 record, which
includes the Department of Planning Services case file. The Board
•
of County Commissioners shall approve the request for the change
of zone to a Planned Unit Development District only if it finds that
the applicant has met the applicable requirements or conditions of
Section 28.5, and 28.8. The applicant has the burden of proof to
show that the standards and conditions of Sections 28.5 and 28.8
are met. The applicant shall demonstrate:
28.8.1.3 That the proposal is consistent with the Weld County
Comprehensive Plan.
28.8.1..4 That the USES which would be allowed on the subject property will
conform to the Performance Standards of the Planned Unit
Development District contained in Section 35.3 of this Ordinance.
28.8.1.5 That the USES which would be permitted shall be compatible with
the existing or future DEVELOPMENT of the surrounding area as
permitted by the existing zoning, and with the future
DEVELOPMENT as projected by the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities.
28.8.1.6 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.
28.8.1.7 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.
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 off-site road improvements. This proposal
shall describe, in detail, the type of off-site road improvements to
determine if the requirement for STREET or highway facilities
11
providing access to the property has been satisfied. The method
of guaranteeing the installation of proposed off-site road
improvements shall be described as part of any off-site road
improvements proposal. The method of guarantee shall conform
with Weld County's policy regarding Collateral for Improvements.
An off-site road improvement proposal shall be used for the
purpose of determining compliance with this section.
28.8.1.8 That there has been compliance with the applicable requirements
contained in Section 21.6.2.5 of this Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the
subject site.
28.8.1.9 Upon the BOARD making its final decision, a resolution setting forth
that decision shall be drafted and signed. A record of such action
and a copy of the resolution will be kept in the files of the Clerk to
the Board.
28.8.1.10 The Board shall arrange for the Office of the Weld County Clerk and
Recorder to record the resolution and, if the proposed change of
zone to a Planned Unit Development is approved, the rezoning plat.
28.8.1.11 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: An applicant may submit an
application for a PUD Plan provided that the Planned Unit Development 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. The following
completed information, data, and maps are required unless waived by the Department of
Planning Services.
28.9.1 Written Documents
28.9.1.1 A copy of a certificate of title issued by a title insurance company or
an attorney's opinion of the title which shall set forth the names of
all owners of property included in the PUD Plan. The list shall
include all mortgages,judgements, liens,easements, contracts, and
agreements of record in Weld County which shall affect the property
in the Planned Unit Development Plan. If the attorney's opinion or
certificate of title discloses any of the above then the holders or
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
acted upon by the Board.
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28.9.1.2 A certificate of title or an abstract of title covering all PUBLIC
dedications. When the applicant is to dedicate land for schools,
roads, parks, or other PUBLIC purposes, a letter of intent from the
appropriate PUBLIC agencies stating that the dedicated lands will
be accepted.
28.9.1.3 A warranty deed or other suitable document ready to execute which
deeds to the appropriate PUBLIC body all lands other than
STREETS which are to be held for or used for PUBLIC purposes.
28.9.1.4 Certificate from the County Treasurer showing no delinquent taxes
on the property of the proposed PUD Plan.
28.9.1 5 Certificate from a qualified engineer responsible for the design of
the utilities.
28.9.1.6 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.
28.9.1.7 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 PUD District application stage because
the applicant proposed separate off-site road improvements in order
to comply with Section 28.8.8 of this ordinance, the following shall
be submitted.
A separate off-site road improvements agreement proposal. The
• off-site road improvement proposal shall describe, in detail, the type
of off-site road improvements to determine if the requirement for
STREET or highway facilities will be adequate in functional
classification, width. and structural capacity to meet the traffic
requirements of the proposed zone district. The method of
guaranteeing the installation of off-site road improvements shall be
described as part of the agreement. The method of guarantee shall
conform with Weld County's policy regarding Collateral for
Improvements.
28.9.1.8 A statement which summarizes the total area of the PUD Plan.
This includes the total number of buildings and STRUCTURES of
a particular type expressed in units. The total amount of
commercial and industrial floor space in square feet. The total
number of off-street parking spaces, open storage areas and
loading areas in square feet. Any other information or supporting
documents requested by the Department of Planning Services
which summarizes the total area of the Planned Unit Development
Plan.
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•
28.9.1.9 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 those
USES within and adjacent to the Planned Unit Development. •
28.9.1.10 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 landscaping.
28.9.1.11 A statement concerning the location and the intended use of all
public and private open space and semi-public uses including
parks, recreation areas, school sites, and similar uses.
28.9.1.12 A statement detailing how any common open space will be owned,
preserved, and maintained in perpetuity.
28.9.1.13 A copy of all covenants, grants of easements or restrictions to be imposed
upon the use of the land, BUILDINGS, and STRUCTURES.
28.9.1.14 A Planned Unit Development Plan construction schedule showing
the approximate dates when construction of the DEVELOPMENT
is proposed to start and finish. This shall describe the stages in
•
which the DEVELOPMENT will be constructed, and the number of
BUILDINGS or STRUCTURES, and the amount of COMMON
OPEN SPACE to be completed at each stage.
28.9.1.15 A statement describing the method of financing for the
Development. The statement shall include the estimated
construction cost and proposed method of financing of the street
and related facilities, water distribution system, sewage collection
system, flood plain protection, storm drainage facilities, and such
other facilities as may be necessary.
28.9.1.16 When a proposed STREET intersects a state highway, a copy of
the state highway permit shall be provided.
28.9.1.17 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 1 18 Geologic maps and investigation reports regarding area suitability
for the proposed PUD DEVELOPMENT. The maps and reports will
be furnished to representative of the Colorado Geological Survey
Division for review and evaluation.
14
28.9.1.19 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 application. The
source of such list shall be the records of the Weld County
Assessor, or an ownership update from a title or abstract company
or attorney, derived from such records, or from the records of the
Weld County Clerk and Recorder. If the list was assembled from
the records of the Weld County Assessor, the applicant shall certify
that such list was assembled within thirty (30) days of the
application submission date.
28.9.1.20 A certified list of the names and addresses of mineral 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
records of the Weld County Clerk and Recorder, or from an
ownership update from a title or abstract company or an attorney
derived from such records.
28.9.1.21 A sign shall be posted on the property under consideration for the
Planned Unit Development Plan. 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.
28.10 Illustrations.
28.10.1 Illustrations of the proposed architectural style for the Planned Unit
Development The illustrations shall show layout, profile, computations, and
design detail of all BUILDINGS 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') composed of one or
more sheets with an outer dimension of twenty-four (24) by thirty-six (36)
inches showing the following information:
28.11.1.1 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 12 A utility service statement block shall appear on the map. The
block shalt identify each special district, municipality, or utility
company intended to service the Planned Unit Development. The
block shall include:
28.11 1.3 The name of the utility.
15
28.11.1.4 A dated signature and statement from the utility's representative
indicating one of the following: (1) Service is available, (2) service
is available subject to specific conditions, or (3) service is not
available for the Planned Unit Development. In the event number
(2) is indicated, the specific condition shall be described.
28.11.2 Plans, profiles and typical cross section drawings of STREETS, bridges,
culverts, and all drainage detention areas and STRUCTURES. These
STREETS, bridges, culverts and other drainage STRUCTURES shall be
• designed and constructed to meet the requirements of the Official Weld
County Construction Standards and the Official Weld County Subdivision
Regulations. Pavement design computations and drainage design
computations shall also be submitted in accordance with the Weld County
Subdivision Regulations.
28.11.3 A grading and drainage plan map shall consist of a drawing of the Planned
Unit Development District and 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:
28.11.3.1 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 slopes within the tract over five percent (5%)
grade.
28.11.3.2 All watercourses on the property must be shown. In addition all
Flood Hazard areas must be delineated.
28.11.3.3 All drainageways, streets, arroyos, dry gullies, diversion ditches,
spillways, reservoirs, etc., which may be incorporated into the
stormwater management system for the Planned Unit Development
shall be designated.
28.11.3.4 All irrigation ditches and laterals shall be shown.
28.11.3.5 All required on-site detention areas, including notes indicating the
area and volume of the facility.
28.11.3.6 All plans shall indicate the proposed outlet for the storm drainage
from the property, including the name of the drainageway (where
appropriate). the downstream conditions, and any downstream
restrictions.
28.11.3.7 Drainage design computations shall be submitted in accordance
with the Weld County Subdivision Regulations.
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28.11.4 A landscape plan map shall consist of a drawing of the PUD District and
PUD Plan 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:
28.11.4.1 A landscape plan indicating the treatment of exterior spaces. The
design objective of the plan must be clear and supported by a
written 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:
28.11.4.2 Extent and location of all plant materials and other landscape
• features. Plant material must be identified by direct labeling on the
plant or by a clearly understandable legend.
28.11.4.3 Flower and shrub bed definition must be clear and drawn to scale
with dimensions.
28.11.4.4 Species and size of existing plant materials.
28.11.4.5 Proposed treatment of all ground surfaces must be clearly indicated
(paving, turf. gravel, grading, etc.).
28.11.4.6 Location of water outlets. If areas of planting are extensive, plans
for an underground sprinkler system or suitable alternative will be
required.
28.11.4.7 Plant material schedule with common and botanical names, sizes,
quantities, and method of transplant. Plants must be sized
according to the following table:
Type Size
Standard deciduous
trees 1-3/4" to 2" caliper
Small ornamental and
flowering trees 1-1/2" to 1-3/4" caliper
Evergreen trees 5' to 6' in height
Shrubs Adequate size to be consistent
with design intent
28.11.4.8 All plant material must meet specifications of the American
Association of Nurserymen (AAN) for number one grade. All trees
must be balled and burlaped or the equivalent.
28.11.4.9 No building permit shall be issued for any building or any portion of
a Planned Unit 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
28.11.5 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 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:
28.11.5.1 Title, scale, north arrow, PUD Plan application number and name.
The date of the drawing with adequate space for revision dates.
28.11.5.2 Legal description including total area involved as certified by the
surveyor, and name and address of owner of record.
28.11.5.3 Outline of the proposed PUD Plan's perimeter, and a certified •
boundary and lot survey of the parcel under consideration, showing
all bearings and distances outside the perimeter boundary lines or
along the lot boundary lines. When the parcel is bounded by an
irregular shore line or 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 boundaries and all curves on the plat, sufficient data shall be
given to enable the re-establishment of the curves on the ground.
This curve data shall include the following for circular curves: (1)
radius of curve, (2)central angle, (3)tangent, (4)arc length, and (5)
notation of nontangent curves.
28.11.5.4 Lot area in square feet or acres if larger than one (1) acre, lot and
'blocks delineated and numbered consecutively, existing and
proposed future street layout in dashed lines and existing streets in
solid lines for any portion of adjacent land not subject to the current
Planned Unit Development Plan Application.
28.11.5.5 Location and description of uses by block or lot, if different uses are
located within the block.
•
28.11.5.6 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.
28 11.5.7 Location and description of FLOOD and GEOLOGIC HAZARD
AREAS
18
28-11.5.8 Location and description of proposed SCREENING, buffering, and
LANDSCAPING.
28.11.5.9 Location and description of proposed sites to be reserved or
dedicated for parks, playgrounds, schools, and other public USES.
28.11.5.10 Location, description and dimensions of all existing and proposed
utilities, easements, rights-of-way, waterways and other drainage
systems, and any other significant features, as determined by the
Department of Planning Services.
28.11.5.11 Parcels not contiguous shall not be included in one plat, nor shall
• more than one (1) plat be made on the same sheet. Contiguous
parcels owned by different parties may be embraced in one (1) plat,
provided that all owners join in the dedication and
acknowledgement.
28.11.5.12 The following certificate blocks shall appear on the plat and shall be
completed at the appropriate time. The certificates required are a
surveyor's certificate; a certificate of approval by the Planning
Commission; a certificate of approval by the Board of County
Commissioners; and a certificate of dedication, ownership and
maintenance by parcel owners regarding COMMON OPEN SPACE,
dedication of rights-of-way, easements, and other public property
•
interests and maintenance thereof.
28.12 Duties of the Department of Planning Services. The Department of Planning Services shall
be responsible for processing all applications for a Planned Unit Development Plan. The
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:
28.12.1 Planned Unit Development Plan. The Department 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 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 requested Planned Unit Development Plan. Such
recommendations shall be made within sixty (60) days of the initial hearing
date. The Planning Commission shall recommend approval of the request
for the Planned Unit Development Plan only if it finds that the applicant has
met the applicable requirements or conditions of Sections 28.9, 28.10,
28.11, and 28.13. The applicant has the burden of proof to show that the
19
standards and conditions of Sections 28.9, 28.10, 28.11, and 28.13 are met.
The applicant shall demonstrate:
28.13.1.1 That the proposal is consistent with the Weld County
Comprehensive Plan.
28.13.1.2 That the Planned Unit Development Plan conforms to the PUD
District in which it is proposed to be located.
• 28.13.1.3 That the USES, BUILDINGS, and STRUCTURES which would be
permitted shall be compatible with the existing or future
DEVELOPMENT of the surrounding area as permitted by the
existing zoning, and with the future DEVELOPMENT as projected
by the COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities.
28.13.1.4 That there has been conformance with the Performance Standards
outlined in Section 35.3.
28.13.1.5 That there will be compliance with the Weld 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.
28.13.1.6 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.
28.13.1.7 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.
28.13.1.8 If the Planning Commission's recommendation is conditional upon
the applicant completing certain specified items prior to the
publication of the 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.
28.14 Duties of the Board of County Commissioners
28.14.1 After receipt of the Planning Commission's recommendation, the Office of
the Board of County Commissioners shall:
28.14.1.1 Set a Board of County Commissioners' public hearing to take place
not less than thirty (30) days and not more than sixty (60) days after
receipt of the Planning Commission's recommendation, for
consideration of the proposed Planned Unit Development Plan.
20
28.14.1.2 Arrange for legal notice of said hearing to be published once in the
newspaper designated by the Board of County Commissioners for
publication of notices. At the discretion of the Board of County
Commissioners, a second 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 jurisdictional defect in the hearing process.
The date of publication shall be at least thirty (30) days prior to the
hearing
28.14.1.3 Arrange for the Department of Planning Services 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.
28.14.1.4 Give notice of the proposed Planned Unit Development Plan 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 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 notification.
28.14.1.5 Give notice of the proposed Planned Unit Development Plan 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 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 failure of a surrounding
property owner to receive such notification.
28.14.1.6 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 of the
initial hearing date. In making a decision on the proposed Planned
Unit 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 record, which includes the Department of Planning Services
case file The Board of County Commissioners shall approve the
request for the Planned Unit Development Plan only if it finds that
the applicant has met the applicable requirements or conditions of
Sections 28.9, 28.10, 28.11, and 28.14. The applicant has the
burden of proof to show that the standards and conditions of
21
Sections 28.9, 28.10, 28.11, and 28.14 are met. The applicant shall
demonstrate:
28.14.1.7 That the proposal is consistent with the Weld County
Comprehensive Plan.
28.14.1.8 That the proposed Planned Unit Development Plan conforms to the
Planned Unit Development District in which it is proposed to be
located
28.14.1.9 That the USES, BUILDINGS, and STRUCTURES which would be
permitted shall be compatible with the existing or future
DEVELOPMENT of the surrounding area as permitted by the
existing zoning, and with the future DEVELOPMENT as projected
by the COMPREHENSIVE PLAN or MASTER PLANS of affected •
municipalities.
28.14.1.10 That there has been conformance with the Performance Standards
outlined in Section 35.3.
28.14.1 11 That there has been compliance with the Weld County Zoning
Ordinance, Section 50, Overlay Districts if the proposal is located
within any Overlay District identified by maps officially adopted by
Weld County.
28.14.1.12 That there has been compliance with the submittal requirements of
the Planned Unit Development Plan, and that the Planned Unit
Development Plan Plat and the supporting documents satisfy the
legitimate concerns of the Board.
No Planned Unit Development Plan Plat shall be recorded in the office of the
Weld County Clerk and Recorder and no building permit shall be issued for
the PUD Plan until the following has occurred.
The Board of Commissioners must approve all improvement agreements
guaranteeing the installation and type of improvements, including a separate
off-site road improvement agreement if applicable. All agreements must be
made in conformance with the policy regarding Collateral for Improvements.
28.14.1.13 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.
28.14.1.14 The Board shall arrange for the Office of the Weld County Clerk and
Recorder to record the 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.
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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
Unit Development District. These procedures are contained in Section 28.5 .
of this Ordinance.
28.15.2 Amendment to a Planned Unit Development Plan. Any request to make a
major change to an approved Planned Unit Development Plan shall be
processed as a new application for a Planned Unit Development Plan under
Section 28.9 of this Ordinance. This may include, but not be limited to,
requests for vacating all or parts of an approved Planned Unit Development
Plan for the 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.
28.15.3 Minor Modifications to a Planned Unit Development Plan. The Department
of Planning Services may approve minor modifications to a Planned Unit
Development Plan. The applicant shall prove to the Department that the
minor modification is required by engineering or other circumstances not
foreseen during the approval of the Planned Unit Development Plan. The
Department shall not approve a minor modification if that modification does
not conform to the Planned Unit District.
28.15.4 Correction to a Planned Unit Development Plat. The Board of County
Commissioners may, without a hearing or compliance with any of the
submission, referral, or review requirements of the Planned Unit
Development Plan regulations, 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 with its approved Planned Unit
Development District.
28.15.5 Failure to submit a PUD Plan. If no PUD Plan application is submitted within
three (3)years of the date of the approval of the PUD District, the Planning
Commission shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submittal of the PUD Plan. The Planning Commission may extend the date
for the submittal of the PUD Plan application and shall.annually require the
applicant to demonstrate that the PUD has not been abandoned. If the
Planning Commission determined that conditions or statements made
supporting the original approval of the PUD Zone District have changed or
that the landowner cannot implement the PUD Plan, the Planning
Commission shall recommend to the Board of County Commissioners that
the PUD District approval be revoked. If the Board agrees after a public
hearing, the Board may revoke the PUD zone district and order the recorded
PUD zone district reverted to the original zone district.
23
28.15.6 Failure to Commence a Planned Unit Development Plan If no construction
has begun or no USE established in the Planned Unit Development within
one (1) year of the date of the approval of the Planned Unit Development
Plan, the Planning Commission may require the landowner to appear before
it and present evidence substantiating that the Planned Unit Development
project has not been abandoned and that the applicant possesses the
willingness and ability 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 applicant to
demonstrate that the Planned Unit Development has not been abandoned.
If the Planning 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 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:
28.15.7.1 The construction and provision of all COMMON OPEN SPACE,
public utilities, and recreational facilities which are shown on the
Planned Unit Development Plan shall proceed at a rate which is no
slower than the construction of residential, commercial or industrial
BUILDINGS and STRUCTURES. Periodically, the Planning
Commission or its representative shall compare the
DEVELOPMENT to date with the approved construction schedule.
28.15.7.2 All developments shall meet the requirements herein set forth and
no final plan shall be approved that does not meet these
requirements.
28.15 7 3 The developer shall submit a legal instrument setting forth a plan
providing for the permanent care and maintenance of open spaces,
recreational areas and commonly owned facilities and parking lots.
The same shall be submitted to the County Attorney and shall not
be accepted until approved as to legal form and effect. If the
common open space is deeded to a homeowners' association, the
applicant shall file the proposed documents governing the
association. Such documents shall meet the following
requirements.
28.15.7.4 The homeowners' association must be established before any
residences are sold.
28.15.7.5 Membership in the association must be mandatory for each
residence owner
24
28.15.7.6 Open space restrictions must be permanent and not for a period of
years
28.15.7.7 The homeowners'association must be made responsible for liability
insurance, taxes, and maintenance of recreational and other
facilities
•
28.15.7.8 The association must have the power to levy assessments which
can become a lien on individual premises for the purpose of paying
the cost of operating and maintaining common facilities.
28.15.7.9 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:
28.15.7.10 The Board of County Commissioners may serve written notice upon
such organization or upon the owners or residents of the Planned
Unit Development setting forth that the organization has failed to
comply with the Planned Unit Development Plan. Said notice shall
include a demand that such deficiencies of maintenance be cured
within thirty (30) days thereof. A hearing shall be held by the Board
within fourteen (14) days of the issuance of such notice, setting
forth the time, date, and place of hearing. The Board may modify
the terms of the original notice as to deficiencies and may give an
extension of time within which they shall be rectified.
28.15.7.11 If the deficiencies set forth in the original notice or in the
modifications thereof are not rectified within thirty (30) days or any
extension thereof, the Board, in order to preserve the values of the
properties within the Planned Unit Development and to prevent the
COMMON OPEN SPACE from becoming a public nuisance, may
enter upon said COMMON OPEN SPACE 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 accepted by the Board of County Commissioners.
Before the expiration of said one (1) year period, the Board of
County Commissioners shall 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, 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.
25
28.15.7.12 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 of the Colorado Revised Statutes, as
amended.
28.15.7.13 Monuments. Permanent reference monuments shall be set on the
Planned Unit Development according to the Official Weld County
Subdivision Regulations and Section 30-51-101, et seq., of the
Colorado Revised Statutes, as amended.
31.4.18 Any use permitted as a use by right. an accessory use, or a use by special review in the
Commercial or Industrial zone districts provided the property is not a LOT in an approved or
recorded subdivision plat or LOTS parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions. PUD development proposals shall not be permitted to
use the special review permit process to develop.
35 PUD (PLANNED UNIT DEVELOPMENT DISTRICT
35.1 Intent. The PUD (Planned Unit Development) District is intended to allow an
alternative means fro property owners to apply flexibility in developing their land
which may not be possible under the normal application of the Zoning Ordinance and
Subdivision Ordinance. The PUD District is not intended to be used to circumvent
or distort the policies and objectives of the Weld County Comprehensive Plan, the
Zoning Ordinance and the Subdivision Ordinance. The objectives of the PUD
(Planned Unit Development) District are to: encourage flexibility and variety in the
development of land to promote its most appropriate use; improve the design,
character, and quality of new development; facilitate the adequate and economical
provision of public and private services; preserve the natural and scenic features of
the development area; encourage an integrated planning approach; and ensure
compatibility with Weld County's Comprehensive Plan and Subdivision Ordinance.
Weld County is authorized to regulate Planned Unit Developments by Section 24-67-
101, et. seq., Colorado Revised Statutes, 1973, as amended.
35.2 Permitted Uses in the PUD District
35.2.1 A PUD District may include any BUILDING, STRUCTURE or USE as found to be
appropriate under the review and approval procedures in Section 28.
DEVELOPMENT IS allowed only in those parts of a PUD District which are included
in an approved and recorded PUD Plan. USES within the PUD District shall also be
subject to the additional requirements contained in Section 40, Supplementary
District Regulations and Section 50. Overlay District.
35.2 2 USES within a PUD District shall be described by tract within a PUD District. This
description shall give a clear indication of the type of USE to take place within the
tract and a brief description of the type of BUILDINGS and STRUCTURES to be
associated with those USES This description shall be in adequate detail to
determine density, COMMON OPEN SPACE, major vehicle and pedestrian
circulation, water and sewer facilities, and the buffering or SCREENING.
26
35,2.3 Each approved PUD District is considered unique, and the location of USES
described by tract within a PUD District cannot be altered unless an amendment to
the PUD District is approved as a new PUD District under the PUD change of zone
procedure in Section 28 of this Ordinance
35.3 Performance Standards. All BUILDINGS, STRUCTURES and land USES in the
PUD District shall be located. designed, used and occupied in accordance with the
standards enumerated below
35.3.1 COMPATIBILITY: The density design, and location of land USES within and
adjoining a Planned Unit Development District shall be designed to be compatible
with other USES within and adjoining the PUD District. Compatibility USES shall be
determined by evaluating the general uses. building height, setback, offset, size,
density, traffic, dust, noise, harmony. character, landscape, SCREENING, health,
safety, and.welfare.
35.3.2 COMMON OPEN SPACE. COMMON OPEN SPACE shall be provided in a PUD
District. The amount and type of COMMON OPEN SPACE shall be proportioned
according to the type of USES. BUILDINGS or STRUCTURES to be contained in the
PUD District. COMMON OPEN SPACE shall be designed to be useful to the
occupants and residents of the PUD District for recreational and scenic purposes.
The COMMON OPEN SPACE in a PUD District shall be owned and maintained in
perpetuity by an organization established solely for such ownership and
maintenance purposes.
35.3.3 WATER AND SEWER PROVISIONS A Planned Unit Development District shall be
serviced by an adequate water and sewer system. A PUD District with residential
USES shall be served with a PUBLIC WATER system.
35.3.4 Circulation. Development within a PUD District shall be designed and constructed
to include adequate, safe and convenient arrangements for pedestrian and vehicular
circulation, off-street parking and loading space. Pedestrian and vehicular circulation
• shalt relate to the circulation system external to a PUD District. All STREETS within
the PUD District, whether private or PUBLIC, shall be designed and constructed to
meet the requirements of the Official Weld County Construction Standards and the
Official Weld County Subdivision Ordinance
35.3.5 Buffering and Screening. USES, BUILDINGS, or STRUCTURES within a PUD
District that would not be compatible with other USES, BUILDINGS, or
STRUCTURES within and ADJACENT to a PUD District shall be adequately
•buffered and SCREENED to make their appearance and operation harmonious to
the surrounding USES.
35.3.6 The normal Bulk Requirements for minimum SETBACK, minimum OFFSET,
minimum LOT size, minimum LOT area per STRUCTURE, maximum height of
BUILDINGS, and LOT coverage may be varied as specified in a PUD District Final
Plan. All other performance standards applicable to a PUD District may be required
to be as strict as the performance standards contained in the zoning district in which
the USE would usually be alloa,ed
•
35.3.7 MINING USES within a PUD District will not cause injury to vested or conditional
water rights. If the USE may result in injury to vested or conditional water rights, the
Applicant shall either present an agreement with a water conservancy district or
water user group which encompasses the location of the use within its boundaries,
a plan of exchange or substitute supply approved by the State Engineer or a decreed
plan for augmentation approved by the District Court for Water Division No. 1, which
prevents injury to vested and conditional water rights.
35.3.8 A PUD District and any part thereof which has been approved as a PUD Plan shall
be considered as being in compliance with the Official Weld county Subdivision
Ordinance and 30-28-101, et seq . CRS 1973, as amended. The Design Standards
and Improvement Agreements of the Subdivision Ordinance shall be utilized when
applicable to the PUD Plan review and DEVELOPMENT. Certain PUD Plan
requirements may differ from those specifically listed in the official Weld County
Subdivision Ordinance.
35.3.9 To further the mutual interest of the residents, occupants, and owners of a PUD and
of the public in the preservation of the integrity of the PUD, the provisions of the PUD
District and Plan relating to the USE of land and the location of COMMON OPEN
SPACE shall run in favor of Weld County and shall be enforceable at law or in equity
• by the Board of County Commissioners without limitation on any power or regulation
otherwise granted by law.
35.4 Site Plan Review Required. No USES within a PUD District which would require a
Site Plan Review in the Commercial. Industrial, or R-4 zone districts shall•occur or
be operated in the PUD District until a Site Plan Review has been approved by the
Department of Planning Services It shall be necessary for the applicant in the PUD
District to certify and state that the performance standards for the DEVELOPMENT
and USE of property zoned PUD have been or shall be complied with according to
the intent of Section 23, Site Plan Review. This shall be accomplished through the
Site Plan Review application process.
•
35.5 Performance Standard Compliance Required. All BUILDINGS, STRUCTURES, and
land located in the PUD District shall be located, designed, USED, and occupied in
such a manner that the standards contained in Section 35.3, Performance
Standards, are met.
•
28
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen that the following resolution,with the addition of Section 6.3.3.2.6,and a change in wording
. in Section 6.3.6.1, from "quality" to "corridor", be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the adoption of the Weld County
- Planned Unit Development Ordinance be recommended favorably to the Board of County Commissioners.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Arlan Marrs
Cristie Nicklas
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Stephen Mokray
Glenn Vaad
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the attached
materials to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 7, 1997.
ted the 7th of October, 1997.
•
haryn Fra r
Secretary
1r
PUD - Planned Unit Development 10-8-97
1 Intent of the Planned Unit Development-The Planned Unit Development (PUD) is intended to allow
an alternative method for property owners and developers to apply flexibility in developing land. This
flexibility is generally not possible under the normal application of the Zoning and Subdivision
Ordinances. The objectives of a PUD are to:
1.1 Encourage innovations in residential, commercial and industrial development so that the growing
demands of the population may be met by greater variety in type, design, and layout of buildings and
by the conservation and more efficient use of open space in the development;
1.2 Provide for well-located,clean, safe and pleasant commercial, industrial and residential developments
involving a minimum strain on transportation facilities;
1.3 Ensure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk,
density and open space within each zoning district will not be applied to the improvement of land by
other than lot-by-lot development in a manner which would distort the objectives of the zoning laws;
1.4 Encourage a more efficient use of land and economic provisions of public and private services to
reflect changes in land development so that results may benefit the community as a whole;
1.5 Provide for necessary services and amenities conveniently located in proximity of residential
developments;
1.6 Conserve the value of the land;
1.7 Encourage preservation of the site's natural characteristics and scenic features through development
provisions which relate the type, design and layout of residential, commercial and industrial
development to the particular site;
1.8 Encourage flexibility and variety in development while promoting the most efficient USE of the land;
1.9 Improve the design, character and quality of development while encouraging development to
incorporate the best features of modern design;
1.10 Ensure compatibility with the Weld County Comprehensive Plan #147, Weld County Zoning
Ordinance#89, Weld County Subdivision Ordinance#173, the Weld County Mixed Use Development
Plan Ordinance#191 and any applicable Intergovernmental Agreement, if applicable; and
1.11 Encourage integrated planning in order to achieve the above purposes.
1.12 The PUD zone district is not intended to be used to circumvent or distort the policies and objectives
of the Weld County Comprehensive Plan #147, Weld County Zoning Ordinance#89, Weld County
Subdivision Ordinance#173 and Weld County Mixed Use Development Plan Ordinance#191. Weld
County is authorized to regulate Planned Unit Developments by Section 24-67-101 et. seq., Colorado
Revised Statues.
1
2 Performance Standards in the PUD Zone District-Performance standards are intended to present
a collection of criteria necessary for development within the PUD zone district. All BUILDINGS,
STRUCTURES and land USES in the PUD zone district shall be located, designed, used and
occupied in accordance with these minimum standards.
2.1 Access Standards - All PUD developments will be served by an internally paved road system
according to county standards. An exception to paving may be granted by the Director of Planning
Services for five (5) lot or less residential PUD's located in non-urban areas as defined in the
Comprehensive Plan, and when the PUD is not located within close proximity to other PUD's,
SUBDIVISIONS and municipal boundaries, and when access to the PUD is not from a public road
which is paved or will be paved within a year of approval of the PUD.
2.2 Buffering and Screening-USES, BUILDINGS or STRUCTURES within and adjacent to a PUD zone
district shall be adequately buffered and SCREENED to make their appearance and operation
harmonious with the surrounding USES.
2.3 Bulk Requirements - The normal Bulk Requirements for minimum SETBACK, minimum OFFSET,
minimum LOT size, minimum LOT area per STRUCTURE, maximum height of BUILDINGS, and LOT
coverage may be varied as specified in a PUD Final Plan. (All other performance standards
applicable to a PUD zone district may be required to be as strict as the performance standards
contained in the zone district in which the USE would usually be allowed).
2.4 Circulation - Development within a PUD zone district shall be designed and constructed to include
adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street
parking and loading space. Pedestrian and vehicular circulation shall relate to the circulation system
external to a PUD zone district. All STREETS within the PUD zone district, whether private or
PUBLIC shall be designed and constructed to meet the requirements of the Weld County Public
Works Department, the Subdivision Ordinance and the MUD Ordinance, if applicable.
2.5 Common Open Space is defined as any usable parcel of land or water unimproved and set aside,
dedicated, designated or reserved for public or private USE or for the USE and enjoyment of owners
or occupants of land adjoining or neighboring such area. Common Open Space includes landscape
areas that are not occupied by building or USES such as storage or service areas, private court
yards, parking lots and islands. In all PUD districts except for those containing residential USES
common open space may include landscape setbacks adjacent to roadways, where the setbacks are
not utilized as parking or storage areas. The amount and type of COMMON OPEN SPACE provided
in a PUD zone district shall be proportioned according to the intensity of the zone districts called for
in the PUD or USES specified in the application, unless specifically delineated in the MUD Ordinance.
COMMON OPEN SPACE shall be designed to be useful to the occupants and/or residents of the
PUD zone district for recreational and scenic purposes. COMMON OPEN SPACE in the PUD zone
district shall be owned and maintained in perpetuity by an organization established specifically for
such ownership and maintenance purposes. In Non-Urban Scale Developments with a minimum 80
acre agricultural outlot,the preservation of the agricultural outlot may be considered to meet the intent
of the Common Open Space requirement.
2.6 Compatibility -The density, design, and location of land USES within and adjoining a PUD shall be
designed to be compatible with other USES within and adjoining the PUD. Compatible USES shall
be determined by evaluating the general USES, building height, setback, offset, size, density, traffic,
dust, noise, harmony, character, open space, SCREENING, health, safety and welfare of the PUD
in relation to surrounding USES.
2.7 Design Standards and Improvement Agreements - The Design Standards and Improvement
Agreements of Section 10, 12 and 13 of the Subdivision Ordinance shall be utilized when applicable
to the PUD Final Plan review and development. Certain PUD Final Plan requirements may differ from
2
those specifically listed in the Subdivision Ordinance. Final recording shall not occur until the required
improvements agreements have been approved and collateral tendered.
2.8 Filing - A Final Plan may develop in filings within a PUD. A filing is where only a portion of the
development is platted at a time. An Improvements Agreement is required only for the filing being
platted and developed. Development of the site may only occur within the approved and platted
filing(s). See also the definition of phasing (2.15).
2.9 Landscaping Standards- No building permit shall be issued for any building or any portion of a PUD
until the landscaping required by the landscape plan map is in place and/or an on-site Improvements
Agreement has been entered into which complies with the requirements in the Section 12 of the Weld
County Subdivision Ordinance.
2.10 Mining-MINING USES within a PUD zone district shall not cause injury to vested or conditional water
rights. If the USE results in injury to vested or conditional water rights, the applicant shall either
present an agreement with a water conservancy district or water user group which encompasses the
location of the USE within its boundaries. The applicant shall also submit a plan of exchange or
substitute supply approved by the State Engineer, or a decreed plan for augmentation approved by
the District Court for Water Division No. 1, which prevents injury to vested and conditional water
rights.
2.11 Mixed Use Development Area -All development located within the MUD area, as delineated on the
MUD Structural Map 2.1, shall be subject to the additional development criteria as indicated in the
MUD Ordinance#191.
2.12 Monuments: Permanent reference monuments shall be set on the Planned Unit Development
according to the Subdivision Ordinance and Section 30-51-101, et seq., of the Colorado Revised
Statues.
2.13 Non-Urban Scale Development-Developments comprising of five or less residential lots, located in
a non-urban area as defined by the Weld County Comprehensive Plan, not adjacent to other PUD's,
subdivisions, municipal boundaries or urban growth corridors. Non-Urban Scale Development on
public water& septic systems shall have a minimum lot size of one (1) acre and an overall density
of two and one-half (2 'h) acres per septic system. Non-Urban Scale Development proposing
individual, private wells and septic systems shall have a minimum lot size of two and one-half(2 'A)
acres per lot. A Non-Urban Scale PUD preserving a minimum 80 acre agricultural out-lot may be
located adjacent to other Non-Urban Scale PUD's which also preserve a minimum 80 acre agricultural
out-lot.
2.14 Parking Requirements-All parking and loading areas within a PUD shall comply with Section 41 of
the Weld County Zoning Ordinance. All parking and loading areas shall be paved and striped, unless
specifically waived by Weld County Public Works Department.
2.15 Phasing - A Final Plan may develop in phases within a PUD. Phasing the construction of the
development may occur within separate filings or for the entire subdivision. An Improvements
Agreement is only required for the phase being developed. Within a filing, a development can consist
of multiple phases. See also the definition of filing (2.8).
2.16 Public Water Provisions - Public water systems serving PUD's must be capable of meeting State
drinking water standards and have adequate provisions for a 300 year supply of water. Public Water
systems which rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent
supply plan alternative renewable water sources to ensure water supplies for the future.
3
2.17 Urban Development Nodes-A site location of concentrated urban development located within a 1/4
mile radius of the intersection of two or more roads in the state highway system as defined in the
Weld County Comprehensive Plan and Urban Growth Boundary Map#1. All developments located
within an urban development node shall adhere to the PUD requirements in this Ordinance and the
requirements in the MUD Ordinance.
2.18 Urban Scale Development - Developments exceeding 5 lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries, or urban growth corridors and boundaries. All
urban scale developments shall pave the internal road systems of the development.
2.19 USES- USES within a PUD zone district shall be described by filings, phases, blocks and lots within
a PUD. This description shall give a clear indication of the type of USE to take place and a
description of the type of BUILDINGS and STRUCTURES to be associated with those USES. This
description shall be in adequate detail to determine density, COMMON OPEN SPACE, major vehicle
and pedestrian circulation, water and sewer facilities, the buffering or SCREENING of the USE and
the time frame for construction of the USE. All commercial and industrial lots in a PUD shall undergo
a site plan review process, as defined in Section 23 of the Weld County Zoning Ordinance, as
amended.
2.20 Water and Sewer Provisions- A PUD zone district shall be serviced by an adequate water supply
and sewage disposal system. All PUD's containing commercial and/or industrial uses shall be
served by a public sewer system. All PUD's shall be served by a PUBLIC WATER system as defined
in this Ordinance. An exception may be granted for five lot or less residentially clustered PUDs when
public water is not available and the residential PUD results in an intensity of development that
preserves and enhances agricultural lands and production. A PUD applying for an exception to the
public water requirement must be considered a non-urban scale development as defined in the
Ordinance. A PUD not served by public water shall preserve a minimum 80 acre agricultural out-lot.
The Department of Planning Services and the Weld County Health Department shall review any PUD
applying for an exception to public water to determine if the application meets the intent of the PUD
regulations and state water requirements.
4
3 PUD Application Procedures and Requirements
3.1 Intent-The intent of the application procedures and requirements section is to guide the applicant
in preparing a complete and thorough application. This section describes the three-step review and
approval process of the PUD application process.
3.2 The PUD process provides the applicant the opportunity to either submit a specific or conceptual
Development Guide. Based upon the Development Guide choice, the three step process will be
followed with different processing options.
3.3 Application Process
3.3.1 The PUD is a three-step process involving the following:
3.3.1.1 Sketch Plan
3.3.1.2 Change of Zone -Development Guide Submittal
-Option 1: Specific Development Guide
-Option 2: Conceptual Development Guide
3.3.1.3 Final Plan
3.4 Time Parameters- Based upon the Development Guide option, as discussed in the Section 6 of this
Ordinance, the conceptual time parameters for the PUD process is as follows:
Approximate Days
3.4.1 Sketch Plan: Administrative Review 45
3.4.2 Change of Zone: Both options require: 60-90
* Specific Guide Planning Commission Review&
* Conceptual Guide BOCC Review and Approval
3.4.3 Final Plan:
* Specific Guide Administrative Review 45
* Conceptual Guide BOCC Review and Approval 45-60
TOTAL: Specific Guide 150-180 days
Conceptual Guide--150-195 days
4 PUD Sketch Plan -Step One
4.1 Intent - The sketch plan is intended to give the applicant the opportunity to prepare a plan which
depicts the proposed USES on the site and addresses the impact of those USES on surrounding
properties.
4.2 Requirements for Submittal:
4.2.1 The PUD Sketch Plan application forms provided by the Department of Planning Services
and application fee.
4.2.2 A deed or legal instrument identifying the applicants interest in the property.
5
4.2.3 Geologic maps and investigation reports regarding area suitability for the proposed PUD
Development along with the additional appropriate review fee as required by the Colorado
Geological Survey. The submitted maps, reports and review fee will be forwarded by the
Department of Planning Services to a representative of the Colorado Geological Survey
Division for review and evaluation.
4.2.4 A Sketch Plan map in accordance with Section 9.1 of this Ordinance.
4.2.5. The Sketch Plan Development Questionnaire containing the following:
4.2.5.1 The general concept of the development, land-use(s), architectural style,
character, zoning USES, and all STRUCTURES including BUILDINGS in
the PUD.
4.2.5.2 The approximate size and type of any public and private open space and
semi-public USES, including parks, recreation areas, school sites, and
similar USES.
4.2.5.3 The approximate number and type of residential units, type of business,
commercial and industrial buildings and structures, and the approximate
number and size of any open storage areas if applicable.
4.2.5.4 An estimate of the number of employees for the business,
commercial and industrial USES, if applicable.
4.2.5.5 The source of public water or, if an exception for a five (5) lot or less
residential PUD is granted by the Department of Planning Services in
accordance with Section 3.5 of this Ordinance, the type of water source.
Public Water systems which rely upon Denver Basin aquifers shall also
acquire and incorporate into a permanent supply plan alternative renewable
water sources to ensure water supplies for the future.
4.2.5.6 The type of sewer system, public or individual. If existing septic system(s)
are on the site, a copy of the septic permit(s) shall be included in the
application materials.
4.2.5.7 The vehicular circulation system of local, collector, and arterial streets. The
general statements and cross sections should include: width of roadways,
depth of base and asphalt, adequate turning radius', type of surface, off-
street parking areas including handicapped stalls and 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 Section 10 of the Subdivision Ordinance and the MUD
Ordinance. Weld County Road classifications are listed in the Weld County
Comprehensive Plan and Section 10 of the Subdivision Ordinance.
4.2.5.8 A statement describing how the applicant intends to handle the storm water
drainage on the site.
4.2.5.9 The soils classification and description of the classification for the subject
site. This information can be obtained from the Natural Resources
Conservation Service or Soil Conservation District.
4.2.5.10 An indication regarding if any unique natural features exist within the
proposed PUD.
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4.2.5.11 An indication regarding if any commercial mineral deposits and oil and gas
facilities are located within the PUD.
4.2.5.12 An indication regarding if FLOOD PLAIN, GEOLOGICAL HAZARD,
AIRPORT OVERLAY, MUD, or Intergovernmental Agreement district areas
are within the PUD boundaries and how the PUD will meet the applicable
regulations regarding the overlay district(s).
4.2.5.13 A general landscaping plan for the PUD describing the general species type,
size and location of existing and proposed planting materials and amenities.
The estimated percentage of landscaping areas in the PUD shall be
included, along with the location of parks and common open space.
4.2.5.14 Initial impact plan addressing all impacts this USE will have on the proposed
site and surrounding land USES. A listing of potential impacts is cited in
Section 6.3 of this Ordinance.
4.2.5.15 A service impact plan addressing all anticipated impacts this USE will have
on public and private service providers, including but not limited to schools,
fire districts, law enforcement, ambulance and roadways.
4.3 Duties of the Department of Planning Services: The Department of Planning Services shall be
responsible for processing all applications for a PUD Sketch Plan.
4.3.1 The Department of Planning Services' staff shall have the responsibility of ensuring all application
submittal requirements are met prior to initiating any office recommendation. Once a complete
application is submitted, staff shall:
4.3.1.1 Send the application to the appropriate referral agencies for review and comment. Referral
agencies shall respond within twenty-one (21) days after the application is mailed. The
failure of any agency to respond within twenty-one(21) days may be deemed as a favorable
response. All referral agency review comments are considered a recommendation to Weld
County for review of a Sketch Plan application. The referral agencies include:
4.3.1.1.1 The Planning Commission or governing body of any municipality or county
within a three (3) mile radius of the parcel under consideration for the
proposed PUD, or if the proposed PUD is within an urban growth boundary,
as defined and adopted in any approved intergovernmental agreement(s),
4.3.1.1.2 Weld County Environmental Protection Services,
4.3.1.1.3 Weld County Public Works Department,
4.3.1.1.4 Colorado Division of Water Resources,
4.3.1.1.5 Colorado Division of Wildlife,
4.3.1.1.6 Colorado Department of Transportation,
4.3.1.1.7 Colorado Geological Survey Division,
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4.3.1.1.8 Any irrigation ditch company with facilities on or adjacent to the parcel under
consideration,
4.3.1.1.9 Fire District,
4.3.1.1.10 School District,
4.3.1.1.11 Soil Conservation District,
4.3.1.1.12 U.S. Department of Army Corps of Engineers, and
4.3.1.1.13 Any other agency or individual whose review is considered necessary to
evaluate the Sketch Plan application.
4.4 Review Procedure for Sketch Plan
4.4.1 Review Procedure for the Sketch Plan: The Department of Planning Services' staff will provide to the
applicant, in writing, comments determining if the application meets the criteria for forwarding the
sketch plan for further activity to the second process, Change of Zone. Planning staff will point out
areas of incompatibilities with county land USE procedures and incorporate comments from referral
agencies. Planning staff comments will be based upon:
4.4.1.1 The consistency of the proposal with the Weld County Comprehensive Plan, MUD
Ordinance, Zoning and Subdivision Ordinances, this Ordinance and any intergovernmental
agreements in place which could influence the proposal.
4.4.1.2 The conformance of the USES allowed in the proposed PUD with the Performance Standards
of the PUD zone district contained in Section 2, of this Ordinance.
4.4.1.3 Compatibility of USES permitted in the proposed PUD with the existing or future development
of the surrounding area as permitted by the existing Zoning, and with the future development
as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities
and Intergovernmental Agreements.
4.4.1.4 Evidence that adequate public water and sewer service will be made available to the site to
serve the USES permitted within the proposed PUD, unless an exception has been granted
by the Department of Planning Services in accordance with the provisions of this Ordinance.
4.4.1.5 The determination that the STREET or highway facilities providing access to the property
are adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the USES of the proposed PUD zone district.
4.4.1.6 Compliance with the applicable requirements contained in the Weld County Zoning
Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on
the subject site.
4.4.2 Planning staff will provide to the applicant, a statement concerning the completeness of the Sketch
Plan, its ability to comply with the zone districts proposed in the PUD, and suggestions for
improvements to the Sketch Plan and comments, if needed.
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4.4.3 Maior Changes to a Sketch Plan: Major changes from a reviewed Sketch Plan may require a
resubmittal of a new Sketch Plan for the site. The Department of Planning Services is responsible
for determining whether a major change exists.
5 PUD Change of Zone-Step Two
5.1 Intent-The intent of this section is to outline the criteria for review of the Change of Zone to a PUD
zone district. The PUD zone district is established to ensure compatibility with surrounding properties,
as well as, to provide an opportunity for flexibility and creative design techniques. A completed
Change of Zone will provide a thorough representation of the proposed USES, addressing all
externalities of the proposed USE.
5.2 The Change of Zone to a PUD shall be effective immediately upon the voting by the Board of County
Commissioners. However, no building permits shall be issued and no development started within a
PUD until a PUD Final Plan is approved and recorded by the Weld County Clerk and Recorder's
Office.
5.3 Requirements for Submittal:
5.3.1 The PUD Change of Zone application forms provided by the Department of Planning
Services and application fee.
5.3.2 A copy of any agreements signed by agricultural irrigation ditch companies specifying the
agreed upon treatment of any problems resulting from the location of the ditch, or oil and gas
facilities, if applicable.
5.3.3 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 application. The source of such list
shall be the records of the Weld County Assessor, or an ownership update from a title or
abstract company or attorney, derived from such records, or from the records of the Weld
County Clerk and Recorder. If the list was assembled from the records of the Weld County
Assessor, the applicant shall certify that such list was assembled within thirty(30)days of the
application submission date.
5.3.4 A certified list of the names and addresses of mineral 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 records of the Weld County Clerk and Recorder, or from an ownership update
derived from such records of a title or abstract company or an attorney.
5.3.5 A Change of Zone Plat as described in Section 9.2 this Ordinance.
5.3.6 A Specific or Conceptual Development Guide as described in Section 6 of this Ordinance,
which includes the eight (8) major components of the Development Plan and stipulations
required in this Ordinance.
5.3.7 Any additional information as required by the Department of Planning Services, the Planning
Commission or the Board of County Commissioners in order to determine that the application
meets the goals, policies, and standards set forth in this Ordinance, the Comprehensive Plan,
MUD Ordinance, Zoning and Subdivision Ordinances and any applicable Intergovernmenal
Agreements.
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6 Development Guide Requirements
6.1 Intent: The Development Guide outlines criteria, sets forth the standards and conditions for
development within the PUD, and provides a basis for review of subsequent steps in the PUD
process. The Development Guide shall address eight (8) major components of the development,
provided in this Ordinance. Information provided by the applicant in the Development Guide will be
used to evaluate compliance of the proposal with the Comprehensive Plan and other applicable
Ordinances. While the Development Guide must address all components set forth in this Ordinance,
the Director of the Department of Planning Services shall have the discretion to waive component
elements when not necessary for consideration of the Development Guide.
6.2 Development Guide Options: The Development Guide provides two processing options based upon
the amount and detail of information provided by the applicant in the submittal. Upon review of the
Development.Guide application, the Department of Planning Services will make a determination
regarding the amount and detail of submitted information in order to determine the appropriate
processing option for the PUD.
6.2.1 Option One --Option One entails a Specific Development Guide submittal, which requires
a greater degree of detailed, specific information regarding the development. This option is
intended to facilitate a more expedient review process because information is reviewed at the
earliest opportunity. The Specific Development Guide shall address, in detail, all proposed
uses on site and development delineated in Components one through eight of this Ordinance.
If the proposed USES differ between the Change of Zone, Specific Development Guide and
Final Plan submittals, additional review of the Final Plan by the Board of County
Commissioners is warranted at a public hearing.
6.2.2 Option Two -- Option Two provides for a Conceptual Development Guide, which allows for
more flexibility in the amount of detail submitted in the Development Guide. A Conceptual
Development Guide submittal is not required to contain as detailed information as a Specific
Development Guide, however any information not included in sufficient detail in the
Conceptual Development Guide will be required to be submitted at the Final Plan application.
The Conceptual Development Guide will schematically and generally address standards in
Components one through eight of this Ordinance.
6.3 Maior Proponents of the Development Guide: The Development Guide consists of eight(8) major
components of the PUD development, as follows:
6.3.1 Environment Impacts;
6.3.2 Service Provision Impacts;
6.3.3 Landscaping Elements;
6.3.4 Site Design;
6.3.5 Common Open Space Usage;
6.3.6 Proposed Signage;
6.3.7 MUD Impacts; and
6.3.8 Intergovernmental Agreement Impacts
6.3.1 Component One - Environmental Impacts
6.3.1.1 Intent The intent of component one is to identify and isolate any possible impacts the
proposed USE may have upon the environment on the site, as well as on neighboring sites.
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6.3.1.2 Duties of the Department of Planning Services
6.3.1.2.1 The Department of Planning Services, in conjunction with personnel from the
Weld County Public Works and Weld County Health Department, will be
responsible for reviewing the potential environmental impacts presented by the
PUD development. The Department of Planning Services will utilize the
Development Guide for assessing each of the following environmental impacts.
The applicant shall submit an explanatory statement as to how the PUD
development will plan for and accommodate the following impacts:
6.3.1.2.1.1 Noise and Vibration
6.3.1.2.1.2 Smoke, Dust and Odors
6.3.1.2.1.3 Heat, Light and Glare
6.3.1.2.1.4 Visual/Aesthetic Impacts
6.3.1.2.1.5 Electrical Interference
6.3.1.2.1.6 Water Pollution
6.3.1.2.1.7 Waste Water Disposal
6.3.1.2.1.8 Wetland Removal
6.3.1.2.1.9 Erosion and Sedimentation
6.3.1.2.1.10 Excavating, Filling and Grading
6.3.1.2.1.11 Drilling, Ditching and Dredging
6.3.1.2.1.12 Air Pollution
6.3.1.2.1.13 Solid Waste
6.3.1.2.1.14 Wildlife Removal
6.3.1.2.1.15 Natural Vegetation Removal
6.3.1.2.1.16 Radiation/Radioactive material
6.3.2 Component Two -- Service Provision Impacts
6.3.2.1 Intent The intent of component two is to ensure that service provisions to the site have been
adequately planned for and are available to serve the site now and into the future.
6.3.2.2 Duties of the Department of Planning Services
6.3.2.2.1 The Department of Planning Services, Public Works and other county
agencies are responsible for determining if adequate service provisions will
be available for the proposed PUD development. The Department of
Planning Services will utilize the Development Guide for assessing each of
the following service provision impacts. The applicant shall submit an
explanatory statement as to how the PUD development will plan for and
accommodate the following impacts:
6.3.2.2.1.1 Schools
6.3.2.2.1.2 Law Enforcement
6.3.2.2.1.3 Fire Protection
6.3.2.2.1.4 Ambulance
6.3.2.2.1.5 Transportation (including circulation and roadways) --A description of the
functional classification, width and structural capacity of the STREET and
highway facilities which provide access to the PUD zone district. If the
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street or highway facilities providing access to the PUD zone district are not
adequate to meet the requirements of the proposed district, 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 Zoning Ordinance. This shall be shown
by submitting, with the PUD 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.
6.3.2.2.1.6 A traffic impact analysis prepared by a registered professional engineer
competent in traffic engineering shall be provided by the developer, unless
specifically waived by the Weld County Public Works Department.
6.3.2.2.1.7 Storm Drainage —All development within a PUD zone district shall adhere
to the Storm Drainage Design and Technical Criteria Regulations in Section
10.13 of the Subdivision Ordinance. The historic storm water drainage
patterns and runoff amounts will be maintained. The developer will be
required to submit a detailed engineering study, from a Colorado licensed
engineer, that shows both the undeveloped and developed drainage
patterns. The drainage study shall track the route of off-site discharge until
it reaches a natural drainage course such as a creek or river. Off-site
discharge shall not damage downstream property, roads or bridges. The
developers will be required to mitigate any downstream impacts caused by
said development. The storm water drainage study may be waived by Weld
County Public Works based upon the proposed impacts and intensity of the
PUD.
6.3.2.2.1.8 Utility Provisions --A description and statement from the representative of
the provider of the utilities which demonstrates that there is adequate utility
provisions available to serve the development.
6.3.2.2.1.9 Water Provisions -- A description of the water source and system and a
statement from the representative of the provider of the water system which
demonstrates that the water supply quality and quantity is sufficient to meet
the requirements of the USES within the PUD zone district.
6.3.2.2.1.10 Sewage Disposal Provisions-- A description of the sewage disposal facility.
If the facility is a sewer system, a statement from the representative of the
provider of the sewer system utility which demonstrates that the disposal
system will adequately serve the USES within the development.
6.3.3 Component Three -- Landscaping Elements
6.3.3.1 Intent The intent of the landscape plan is to ensure that the landscaping and aesthetics of
the site are compatible to that of surrounding land uses and that the site will provide and
maintain an increased sense of place for those inside of the development. The landscape
plan shall provide clear and supported information both by written statements and graphic
representations. The information will provide an ample quantity and variety of ornamental
plant species which are regarded as suitable for this climate. Landscape treatment will be
balanced with both evergreen and deciduous plant material with sufficient USE of upright
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species for vertical control. Plant material selection will be reviewed for adaptability to
physical conditions of the site plan.
6.3.3.2 Duties of the Department of Planning Services
6.3.3.2.1 The Department of Planning Services will be responsible for evaluating the
landscaping elements of the PUD for compatibility with the Comprehensive Plan,
Zoning Ordinance, Subdivision Ordinance, and MUD Ordinance. The
Department of Planning Services will utilize the Development Guide for
evaluating all landscape issues associated with the proposed Change of Zone.
The applicant shall submit the following information:
6.3.3.2.2 A Landscape Plan in accordance with Section 9.3 of this Ordinance.
6.3.3.2.3 A statement which describes any proposed treatment, buffering or SCREENING
between USES, BUILDINGS, or STRUCTURES in order to achieve
compatibility, and 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 landscaping.
6.3.3.2.4 A maintenance schedule for all landscaping elements on site, delineating the
care, managing, and maintenance of the proposed landscaping.
6.3.3:2.5 A proposed on-site improvements agreement for the proposed landscaping shall
be submitted to the Department of Planning Services.
6.3.3.2.6 The applicant shall submit evidence that there is adequate water to sustain and
maintain the landscaping proposed in the landscape plan. In determining
whether available water resources are adequate to sustain and maintain the
proposed landscaping, the Department of Planning Services may require the
applicant to submit written assurance of such adequacy from a water resource
professional or agronomist.
6.3.4 Component Four-Site Design
6.3.4.1 Intent The intent of component four is to ensure that the PUD is established with
consideration to the sites advantages and limitations, as well as the compatibility of the
development to adjacent sites. The design of the site should consider all existing features,
both natural and man-made, to determine those inherent qualities that give the site and the
surrounding area its character.
6.3.4.2 Duties of the Department of Planning Services
6.3.4.2.1 The Department of Planning Services and Public Works Department will
evaluate site design based upon the Comprehensive Plan, Zoning Ordinance,
Subdivision Ordinance, and MUD Ordinance. The Development Guide will
provide an explanatory statement as to how the PUD development will
adequately accommodate unique site factors for the site and the surrounding
area. The following information shall be provided:
6.3.4.2.1.1 A statement describing any features unique to the site, such as
topography and irrigation ditches.
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6.3.4.2.1.2 A statement which demonstrates how the proposed PUD
rezoning is consistent with the goals and policies of the
Comprehensive Plan.
6.3.4.2.1.3 A statement which demonstrates how the USES allowed by the
proposed PUD rezoning will be compatible within the PUD zone
district. In addition, a detailed description of how any conflicts
between land USES within the PUD zone district are being
avoided or mitigated and can comply with the performance
standards.
6.3.4.2.1.4 A statement which demonstrates how the USES allowed by the
proposed PUD rezoning will be compatible with land USES
surrounding the PUD zone district, including a detailed
description of how any conflicts between land USES surrounding
the PUD zone district will be avoided or mitigated.
6.3.4.2.1.5 If the proposed Change of Zone is located within a FLOOD
HAZARD, GEOLOGIC HAZARD or Airport Overlay District, as
identified by maps officially adopted by Weld County, the
applicant shall submit information which documents how the
applicant intends to meet the requirements of the Weld County
Supplementary Regulations concerning flood plain and/or
floodway, geological hazard and/or airport overlay district.
6.3.5 Component Five--Common Open Space Usage
6.3.5.1 Intent Common open Space is an essential community asset and an important component
of a development's design. Common open space attempts to preserve ecologically important
environments, provide attractive views and space for recreational activities, and buffers the
development from other land USES. The intent of Component Five is to ensure that each
development provides an appropriate amount and type of open space within the site.
6.3.5.2 Open Space Regulations -- Common open space is intended to establish a sense of
community and increase the quality and uniqueness of each site. Open space provides
enjoyable space while adequately buffering various uses.
6.3.5.2.1 Common open space restrictions will be permanent and not for a period of
years,
6.3.5.2.2 The homeowners organization will be established before any residences are
sold,
6.3.5.2.3 Membership in the organization is mandatory for each residence owner,
6.3.5.2.4 The homeowners organization is responsible for liability insurance, taxes, and
maintenance of open space, recreational and other facilities,
6.3.5.2.5 The organization will have the power to levy assessments which can become a
lien on individual premises for the purpose of applying the cost of operating and
maintaining common facilities, and
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6.3.5.2.6 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 PUD Final
Plan, the following action may be taken:
6.3.5.2.6.1 The cost of such maintenance by the Board of County
Commissioners shall be paid by the owners of the properties
within the PUD 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 of the
Colorado Revised Statues, and
6.3.5.2.6.2 If the deficiencies set forth in the original notice or in the
modifications thereof are not rectified within thirty (30) days or
any extension thereof, the Board of County Commissioners, in
order to preserve the values of the properties within the PUD and
to prevent the COMMON OPEN SPACE from becoming a public
nuisance, may enter upon said COMMON OPEN SPACE 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 accepted by the
Board of County Commissioners. Before the expiration of said
one (1) year period, the Board of County Commissioners shall
hold 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 PUD. If the
BOARD determines that such organization is not ready and able
to maintain said COMMON OPEN SPACE in reasonable
condition, 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.
6.3.5.2.7 All PUD's containing a residential element shall provide for a 15%common open
space allocation, unless otherwise stated in the MUD Ordinance. Departure
from this standard will be considered and may be approved by the Department
of Planning Services' staff as long as the intent of this Ordinance and the MUD
Ordinance have been met.
6.3.5.3 Duties of the Department of Planning Services
6.3.5.3.1 The Department of Planning Services will be responsible for evaluating the Open
Space Usage of the PUD for compatibility with the Zoning Ordinance,
Subdivision Ordinance, COMPREHENSIVE PLAN, and the MUD Ordinance, if
applicable.
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6.3.5.3.2 The applicant shall provide a statement detailing how any common open space
will be owned, preserved, and maintained in perpetuity. As needed, the
Planning Commission or its representative shall compare the development to
date with the approved construction plan to determine compliance, as follows:
6.3.5.3.2.1 The construction and provision of all COMMON OPEN SPACE,
public utilities, and recreational facilities as shown in the
application materials and all subsequent plans shall proceed at a
rate which is no slower than the construction of residential,
commercial or industrial BUILDINGS and STRUCTURES.
6.3.5.3.2.2 The applicant shall submit an on-site improvements agreement
setting forth a plan providing for the installation, permanent care
and maintenance of open spaces, recreational areas and
commonly owned facilities and parking lots. The same shall be
submitted to the County Attorney and shall not be accepted until
approved as to legal form and effect.
6.3.6 Component Six-- Signage
6.3.6.1 Intent Signage has become an increasing issue in Weld County. While signs serve as
important directional, informational and advertising tools, the clustering of signs may obscure
the landscape and confuse and distract drivers. The following signage controls are intended
to protect and preserve the visual corridors of the roadways within Weld County while
preventing the obstruction of traffic visibility and confusion from improperly placed and
designed signs. These provisions control the magnitude, placement and number of signs in
the PUD zone district.
6.3.6.2 Duties of the Department of Planning Services
6.3.6.2.1 The Department of Planning Services' staff shall insure that the intent of this
Ordinance is carried out through the following sign regulations:
6.3.6.2.1.1 Sign District Regulations (6.3.6.3.1) of this Ordinance;
6.3.6.2.1.2 Sign Construction Standards (6.6.3.2) of this Ordinance;
6.3.6.2.1.3 Design Provisions and Requirements (6.6.3.3) of this Ordinance;
6.3.6.2.1.4 Non-permitted Signs (6.6.3.4) of this Ordinance, and
6.3.6.2.1.5 Nonconforming Signs (6.6.3.5) of this Ordinance.
6.3.6.2.2 The Department of Planning Services' staff shall supply to the applicant written
findings regarding non-adherence to the sign regulations of this Ordinance.
6.3.6.3 Sign District Regulations
6.3.6.3.1 Signage within a PUD shall adhere to all requirements in this Ordinance, the
Zoning Ordinance and the MUD Ordinance, if applicable.
6.3.6.3.2 No sign shall be erected, enlarged, constructed, reconstructed, relocated,
refaced, structurally or otherwise altered in the MUD area without first obtaining
a building permit from the Weld County Department of Planning Services.
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6.3.6.3.3 No sign shall be erected at or near the intersection of any road(s)or driveway(s)
in such a manner as to obstruct free and clear vision of motorist or at any
location where, by reason of the position, shape or color, it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, signal or
device. Signs located at an intersection will be outside of the sight distance
triangle. Signs which could potentially affect vehicle traffic shall be reviewed by
the Public Works Department and the Colorado Department of Transportation,
if applicable.
6.3.6.3.4 No sign other than traffic control signs except as expressly allowed by state
statute and permitted by CDOT shall be erected, constructed, or maintained
within, over or upon the right-of-way of any County, State or Federal road or
highway within Weld County.
6.3.6.3.5 All signs and components, including supports, braces, and anchors, shall be of
sound structural quality and shall be kept in a state of good repair with a clean
and neat appearance throughout Weld County. If signs are not maintained as
described, the Director of Planning or an authorized representative shall have
the right to order the repair or removal of any sign which is defective, damaged
or deteriorated, or has defects which may include holes, cracks, rotted, loose or
missing materials or parts of the sign.
6.3.6.4 Sian Construction Standards
6.3.6.4.1 All letters, figures, characters, or representations maintained in conjunction with,
attached to or superimposed upon any sign shall be safely and securely built or
attached to the sign structure.
6.3.6.4.2 Any operable or removable parts of a sign such as a service opening cover or
changeable mechanically affixed lettering, logo, insignia or message shall be
securely fastened or be provided with safety chains or hinges.
6.3.6.4.3 Signs shall be constructed to prevent potential hazards to the public.
6.3.6.4.4 All permanent signs and sign structures in Weld County shall be designed and
constructed in accordance with the Uniform Building Code quality standards as
adopted by the County. All electrically illuminated signs shall be designed and
constructed to conform with the electrical code as adopted by the County. All
signs and sign structures shall be also designed and constructed to comply with
the design standards set forth in this document.
6.3.6.5 Design Provisions and Requirements for Signs in the PUD Zone District
6.3.6.5.1 The owner, or applicant as agent for the owner, shall prepare a set of sign
standards for all signs in the development. Such standards shall be included as
part of any site plan and included in the covenants approved for the PUD. The
size, colors, materials, styles or lettering, appearance of any logo, type of
illumination and location shall be set out in such standards.
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6.3.6.5.2 The standards shall be such that signs constructed or maintained under the
standards will comply with the sign regulations of the county in the PUD zone
district, and shall be for the purpose of assuring harmony and visual quality
throughout a project.
6.3.6.5.3 Final development plans shall not be approved until the sign standards have
been approved by the Department of Planning Services.
6.3.6.5.4 All signs in development complexes shall be designed and constructed of
materials which harmonize with the architecture of the site on which the sign is
located. Generally, the USE of sign materials the same as or similar to the main
building materials used on-site shall be found to provide the required level of
design harmony. Design harmony is produced by adhering to the following:
6.3.6.5.4.1 Marquee, Canopy, Overhead Canopy, Under-Canopy, Projecting
or Wall Signs shall be mounted at least fourteen (14) feet above
any driveway and at least nine (9) feet above any walkway over
which they are erected. The top line of these signs shall not be
higher that the top of the wall, roof eaves, or parapet line of the
building to which it is attached.
6.3.6.5.4.3 Detached signs shall not be located in the visual sight triangle.
6.3.6.5.4.4 Off-site detached signs shall have a minimum setback of twenty-
five(25) feet and a minimum offset of ten (10) feet from right-of-
way.
6.3.6.5.4.5 On-site identification signs shall have a minimum setback of
fifteen (15)feet and a minimum offset of ten (10) feet from right-
of-way.
6.3.6.5.4.6 Detached signs shall have surrounding landscaping which
extends a minimum of three (3) feet from all sides of the sign
base.
6.3.6.5.4.7 The minimum spacing between signs shall be six hundred (600)
feet.
6.3.6.5.4.8 Signs within the MUD area or Urban Development node shall
adhere to the sign regulations in the MUD Ordinance.
6.3.6.6. Non-permitted Signs in the PUD Zone District
6.3.6.6.1 Roof signs where any sign is mounted and supported wholly upon or over the
roof of any structure. For purposes of these regulations, surfaces with slopes
less than 75% from horizontal shall be considered to be roof surfaces.
6.3.6.6.2 Motor vehicles, trailers or portable bases with wheels or to which wheels may
be readily affixed shall not be used as a sign structure for any signs within the
PUD zone district.
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6.3.6.6.3 Attention attracting devices are prohibited including mechanical or electrical
appurtenances, such as "revolving beacons" or flashing signs, which are
designed to compel attention. This shall not apply to banners used as
temporary signs to announce or promote events of civic interest provided such
banners are attached top and bottom (or two sides) to permanent posts or
buildings erected for another purpose, and provided that a building/sign permit
is obtained.
6.3.6.6.4 All temporary signs as allowed in the Zoning Ordinance, shall be removed within
ten (10) days after the event(s) promoted.
6.3.6.7 Nonconforming Signs
6.3.6.7.1 Every legally established sign in existence on the effective date of these
regulations within the PUD zone district may continue in existence subject to the
following:
6.3.6.7.1.1 A sign shall not be altered structurally or moved unless it is made
to comply with the provisions of these regulations. The changing
of the movable parts of an existing sign that is designed for such
changes, or the repainting or reposting of display matter shall not
be deemed a structural alteration.
6.3.6.7.1.2 The lawful USE of a sign existing on the effective date of these
regulations, although such sign does not conform to the
provisions hereof, may continue; but if such nonconforming USE
is discontinued for a period of six (6) months or more, such sign
shall not be used until it has been made to conform with the
provisions of these regulations.
6.3.6.7.1.3 Any sign which has been damaged by fire, wind, explosion, or
natural disaster to the extent that fifty (50) percent or more of the
construction value or replacement cost of the sign before it was
damaged shall be deemed to have been totally destroyed and the
sign shall not be restored except in conformity with these
regulations. Any sign which has been damaged to an extent less
than fifty (50) percent of the construction value or replacement
cost of the sign before it was damaged may be restored to the
condition which it existed previously as a nonconforming USE
prior to its damage.
6.3.7 Component Seven - MUD Impact
6.3.7.1 Intent The MUD area has been developed to provide high quality development in an urban
corridor area within Weld County and therefore, development in the MUD area is driven by
the intensity of the USE and the impacts of the USE on adjoining neighbors and the
community.
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6.3.7.2 Duties of the Department of Planning Services
6.3.7.2.1 When an application is proposed for the MUD area, additional standards will
apply. These standards are intended to carry out the intent and goals of the the
MUD Ordinance. The Department of Planning Services will review all PUD
proposals for development inside of the MUD area in conjunction with the
applicable standards set forth in the MUD Ordinance.
6.3.8 Component Eight-Intergovernmenal Agreement Impacts
6.3.8.1 Intent Efficient and orderly land development directs PUD developments to locate where
urban services exist or can more easily be provided, such as in close proximity to
municipalities and within the MUD area. Currently, the county and many municipalities are
cooperating in joint planning efforts to achieve a consistent vision for land surrounding
municipal boundaries. This coordination is achieved through intergovernmental agreements.
6.3.8.2 Duties of the Department of Planning Services
6.3.8.2.1 When an application is proposed in an area included in an intergovernmental
agreement, additional standards and criteria for review will apply. These
standards are intended to carry out the intent and goals of the intergovernmental
agreement with the affected municipality. The Department of Planning Services
will review PUD proposals for development influenced by an intergovernmental
agreement area in conjunction with the applicable standards set forth in the
agreement.
6.4 Review Procedure for the Change of Zone
6.4.1 Intent-The intent of this section is to outline the criteria for evaluation of a Change of Zone by the
Department of Planning Services,the Weld County Planning Commission and the Weld County Board
of County Commissioners.
6.4.2 Duties of the Department of Planning Services: The Department of Planning Services shall be
responsible for processing all applications for a Change of Zone to a Planned Unit Development zone
district. The Department shall have the responsibility to ensure that all application procedures and
requirements are met prior to any official action. Once a complete application is submitted in
compliance with Section 5.3 of this Ordinance, the planner shall:
6.4.2.1 Set a Planning Commission hearing date not less than forty-five(45) days no more sixty (60)
days after the complete application has been submitted.
6.4.2.2 Send the application to referral agencies for review and comment. The agency shall respond
within twenty-one (21) days after the application is mailed. The failure of any agency to
respond within twenty-one (21) days may be deemed a favorable response. All referral
agency review comments are considered a recommendation to Weld County for approval
and denial of a Change of Zone application. The referral agencies include those listed in
Section 4.3.1.1.1 of this Ordinance.
6.4.2.3 Arrange for legal notice of said hearing to be published once in the newspaper designated
by the Board of County Commissioners for publication of notices. At the discretion of the
Board of County Commissioners, a second notice may be published in a newspaper which
is published in the area in which the Planned Unit Development Plan is proposed. The failure
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to publish the second notice shall not create a jurisdictional defect in the hearing process.
The date of publication shall be at least fifteen (15) days prior to the hearing.
6.4.2.4 Give notice for the proposed Change of Zone and the public hearing date to those persons
listed in the application as owners of property located within five hundred (500) feet of the
parcel under consideration, and owners and lessees of the mineral estate on or under the
parcel under consideration. Such notification shall be mailed, first class, not less than fifteen
(15) 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 or
owners and lessees of mineral estates to receive such notification.
6.4.2.5 The Department of Planning Services shall post a sign for the applicant on the property under
consideration for a Planned Unit Development rezoning. The sign shall be posted adjacent
to and visible from a publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be
posted at the point at which the driveway (access drive) intersects a publicly maintained road
right-of-way. The sign shall be posted at least fifteen (15)days prior to the hearing.
6.4.2.6 Prepare a staff recommendation for use by the Planning Commission addressing all aspects
of the application. Planning staff recommendations will determine if:
6.4.2.6.1 The proposal is consistent with the Comprehensive Plan, MUD Ordinance if
applicable, any Intergovernmental Agreement in effect influencing the PUD, and
the Weld County Zoning and Subdivision Ordinances.
6.4.2.6.2 The USES which would be allowed in the proposed PUD will conform with the
Performance Standards of the PUD zone district contained in Section 2, of this
Ordinance.
6.4.2.6.3 The USES which would be permitted shall be compatible with the existing or
future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by the Comprehensive Plan or
Master Plans of affected municipalities.
6.4.2.6.4 The PUD zone district shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in
Section 2 of this Ordinance.
6.4.2.6.5 The STREET or highway facilities providing access to the property are adequate
in functional classification, width, and structural capacity to meet the traffic
requirements of the USES of the proposed PUD zone district.
6.4.2.6.6 An off-site road improvements agreement and an on-site improvements
agreement proposal is in compliance with the Weld County Subdivision
Ordinance, as amended, and a road improvements agreement is complete and
has been submitted, if applicable.
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6.4.2.6.7 There has been compliance with the applicable requirements contained in the
Zoning Ordinance regarding overlay districts, commercial mineral deposits, and
soil conditions on the subject site.
6.4.2.6.8 Consistency exists between the proposed zone district(s), USES and the
Specific or Conceptual Development Guide.
6.4.3 Duties of the Planning Commission: The Planning Commission shall recommend approval of the
application only if it finds that the applicant has met the applicable requirements or conditions of this
Ordinance and supplementary district regulations and overlay restrictions in the Zoning Ordinance.
6.4.3.1 The applicant has the burden of proof to show that the standards and conditions of Sections
6.4.3.1.1 through 6.4.3.1.8 are met.
6.4.3.1.1 That the proposal is consistent with the Comprehensive Plan, MUD Ordinance if
applicable, any Intergovernmental Agreement in effect influencing the PUD, and
the Weld County Zoning and Subdivision Ordinance.
6.4.3.1.2 That the USES which would be allowed in the proposed PUD will conform with the
Performance Standards of the PUD zone district contained in Section 2 of this
Ordinance.
6.4.3.1.3 That the USES which would be permitted shall be compatible with the existing or
future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by the COMPREHENSIVE PLAN
or MASTER PLANS of affected municipalities.
6.4.3.1.4 That the PUD zone district shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in Section
2 of this Ordinance.
6.4.3.1.5 That STREET or highway facilities providing access to the property are adequate
in functional classification, width, and structural capacity to meet the traffic
requirements of the USES of the proposed PUD zone district.
6.4.3.1.6 In the event the STREET or highway facilities are not adequate, the applicant shall
supply information which demonstrates the willingness and financial capacity to
upgrade the street or highway facilities in conformance with the Transportation
Section of the COMPREHENSIVE PLAN, Subdivision Ordinance, and the MUD
Ordinance, if applicable. This shall be shown by submitting, with the PUD district
application, a separate proposal for on-site and off-site improvement agreements.
This proposal shall describe, in detail, the type of on-site improvements in
compliance with Section 12 of the Subdivision Ordinance and off-site road
improvements in compliance with Section 13 of the Subdivision Ordinance, to
determine if the requirement for STREET or highway facilities providing access to
the property has been satisfied. The method of guarantee shall conform with Weld
County's policy regarding Collateral for Improvements.
6.4.3.1.7 That there has been compliance with the applicable requirements contained in the
Zoning Ordinance regarding overlay districts, commercial mineral deposits, and
soil conditions on the subject site.
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6.4.3.1.8 Consistency exists between the proposed zone district(s), USES and the Specific
or Conceptual Development Guide.
6.4.3.2 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 Board of County Commissioners within
fifteen (15) days after said recommendation has been made.
6.4.3.3 If the Planning Commission recommendation is conditional upon the applicant completing
certain specified items prior to the publication of the notice for the hearing by the Board of
County Commissioners, then the fifteen (15) day period shall commence upon submission
of the items by the applicant to the Department of Planning Services.
6.4.4 Duties of the Board of County Commissioners: After receipt of the Planning Commission's
recommendation, the Board of County Commissioners shall hold a public hearing to consider an
application for a Change of Zone to a Planned Unit Development zone district.
6.4.4.1 Set a Board of County Commissioners' public hearing to take place not less than fifteen (15)
days and not more than forty-five (45) days after receipt of the Planning Commission's
recommendation, for consideration of the proposed Change of Zone.
6.4.4.2 Arrange for legal notice of said hearing to be published once in the newspaper designated
by the Board of County Commissioners for publication of notices. At the discretion of the
Board of County Commissioners, a second 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 jurisdictional defect in the hearing process.
The date of publication shall be at least fifteen (15) days prior to the hearing.
6.4.4.3 Arrange for the Department of Planning Services to post a sign on the property under
consideration for the Planned Unit Development Plan according to the requirements of
Section 6.4.2.5 of this Ordinance.
6.4.4.4 Give notice of the proposed Change of Zone and the public hearing date to those persons
listed in the application as owners of property located within five hundred (500) feet of the
parcel under consideration, and owners and lessees of the mineral estate on or under the
parcel under consideration. Such notification shall be mailed, first class, not less than fifteen
(15)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 or
owners and lessees of mineral estates to receive such notification.
6.4.4.6 The Board of County Commissioners shall hold a public hearing to consider the application and to
take final action hereon. In making a decision on the proposed Change of Zone, 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 record, which includes the Department of
Planning Services case file. The Board of County Commissioners shall approve the request for the
application only if it finds that the applicant has met the applicable requirements of standards 6.4.4.6.1
through 6.4.4.6.8. The applicant has the burden of proof to show that the following standards and
conditions have been met:
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6.4.4.6.1 That the proposal is consistent with the Comprehensive Plan, MUD
Ordinance if applicable, any Intergovernmental Agreement in effect
influencing the PUD, and the Weld County Zoning and Subdivision
Ordinance.
6.4.4.6.2 That the USES which would be allowed on the subject property will conform
to the Performance Standards outlined in Section 2 of this Ordinance.
6.4.4.6.3 That the USES which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the
existing Zoning, and with the future development as projected by the
COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities.
6.4.4.6.4 Evidence that adequate public water and sewer will be made available to the
site to serve the USES permitted within the proposed PUD in compliance
with the Performance Standards in Section 2 of this Ordinance.
6.4.4.6.5 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.
6.4.4.6.6 In the event the STREET or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and
financial capacity to upgrade the street or highway facilities in conformance
with the Transportation Section of the COMPREHENSIVE PLAN,
Subdivision Ordinance, and the MUD Ordinance, if applicable. This shall be
shown by submitting,with the PUD district application, a separate proposal
for on-site and off-site road improvements. This proposal shall describe, in
detail, the type of on-site improvements in compliance with Section 12 of the
Subdivision Ordinance and off-site road improvements in compliance with
Section 13 of the Subdivision Ordinance,to determine if the requirement for
STREET or highway facilities providing access to the property has been
satisfied. The method of guarantee shall conform with Weld County's policy
regarding Collateral for Improvements.
6.4.4.6.7 That there has been compliance with the applicable requirement contained
in the Zoning Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site.
6.4.4.6.8 Consistency exits between the proposed zone district(s), USES, the Specific
or Conceptual Development Guide.
6.4.4.6.9 Upon the Board making its final decision, a resolution setting forth that
decision shall be drafted and signed. A record of such action and a copy of
the resolution will be kept in the files of the Clerk to the Board.
6.4.4.6.10 The Board of County Commissioners shall arrange for the Office of the Weld
County Clerk and Recorder to record the resolution and, if the proposed
Change of Zone is approved, the rezoning plat.
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7 PUD Final Plan -Step Three
7.1 Intent-The intent of this section is to provide the criteria for review of a PUD Final Plan. An applicant
may submit an application for a PUD Final Plan provided that the PUD Final Plan is located within an
existing PUD zone district. A PUD Final Plan may encompass all or part of a PUD zone district. The
USES shall be identical to those located and described in the approved Development Guide if a
Specific Development Guide was submitted. In the event that a Conceptual Development Guide was
submitted for the Change of Zone application, a detailed Specific Development Guide shall be
submitted along with the Final Plan requirements.
7.2 Filings and Phasinos of a Final Plan -A Final Plan may develop in filings and phases within a PUD.
A fling is where only a portion of the development is platted at a time. An Improvements Agreement
is required only for the filing being platted and developed. In phasing the development, the
construction of the development may occur within separate filings or for the entire subdivision. An
Improvements Agreement is only required for the phase being developed. Within a filing, a
development can consist of multiple phases.
7.3 Requirements for Submittal: The following completed information is required for the Final Plan. The
Planning Director has the discretion to waive information not deemed necessary by the Department.
7.3.1 A recorded Change of Zone plat which delineates the proposed USES.
7.3.2 A copy of a certificate of title issued by a title insurance company or an attorney's opinion
of the title which shall set forth the names of all owners of property included in the PUD
Final Plan. The list shall include all mortgages,judgements, liens, easements, contracts,
and agreements of record in Weld County which shall affect the property in the PUD Final
Plan. If the attorney's opinion or certificate of title discloses any of the above, the holders
or owners of such mortgages,judgements, liens, easements, contracts, or agreements
shall be required to join in and approve the application before the PUD Final Plan shall be
acted upon by the Board of County Commissioners.
7.3.3 A certificate of title or an abstract of title covering all PUBLIC dedications. When the
applicant is to dedicate land for schools, roads, parks, or other PUBLIC purposes, a letter
of intent from the appropriate PUBLIC agencies stating that the dedicated lands will be
accepted.
7.3.4 A warranty deed or other suitable document ready to record which deeds to the
appropriate PUBLIC body all lands other than STREETS which are to be held for or used
for PUBLIC purposes. The warranty deed or suitable document shall be recorded prior
to the recording of the Final Plat.
7.3.5 Certificate from the County Treasurer showing no delinquent taxes special assessments
on the property of the proposed PUD Final Plan.
7.3.6 Certificate from a qualified engineer in the State of Colorado responsible for the design
of the utilities.
7.3.7 Copies of all deed restrictions, including those required by the Board of County
Commissioners to govern the future USE of all land in the PUD, covenants, grants of
easements or restrictions to be imposed upon the USE of the land, BUILDINGS and
STRUCTURES.
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7.3.8 An Improvement Agreement according policy regarding collateral for improvements. This
form is provided by the Department of Planning Services. The applicant will complete this
form showing the improvements that the applicant is required to construct and the type
of collateral which will guarantee installation of improvements. Improvement Agreements
shall comply with Sections 12 and 13 of the Subdivision Ordinance.
7.3.9 Evidence from the appropriate jurisdiction stating that the street and/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.
7.3.10 A separate off-site road improvements agreement proposal. The off-site road
improvement proposal shall describe, in detail, the type of off-site road improvements to
determine if the requirement for STREET or highway facilities will be adequate in
functional classification, width, and structural capacity to meet the traffic requirements.
The method of guaranteeing the installation of off-site road improvements shall be
described as part of the agreement. The method of guarantee shall conform with Weld
County's policy regarding Collateral for Improvements.
7.3.11 A PUD construction schedule showing the approximate dates when construction of the
development is proposed to start and finish. This shall describe the stages in which the
development will be constructed, and the number of BUILDINGS or STRUCTURES, and
the amount of COMMON OPEN SPACE to be completed at each stage.
7.3.12 A statement describing the method of financing for the development. The statement shall
include the estimated construction cost and proposed method of financing of the street
and related facilities, water distribution system, sewage collection system, flood plain
protection, storm drainage facilities, and such other facilities, as may be necessary.
7.3.13 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 application. The
source of such list shall be the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such records, or from
the records of the Weld County Clerk and Recorder. If the list was assembled from the
records of the Weld County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
7.3.14 A certified list of the names and addresses of mineral 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 records of the Weld County Clerk and Recorder, or from an
ownership update from a title or abstract company or an attorney derived from such
records.
7.3.15 A statement indicating that the proposed PUD Final Plan is in compliance and meets all
criteria as set forth in the Change of Zone. The statement should demonstrate a detailed
description of the USES on site and demonstrate how the Development Guide has been
followed and adhered to.
7.3.16 A Final Plan plat map in compliance with Section 9.2 of this Ordinance.
7.3.17 A Landscape Plan in compliance with Section 9.3 of this Ordinance.
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7.3.18 A Utility Map in compliance with Section 9.4 of this Ordinance.
7.4 Review Procedure for the Final Plan:
7.4.1 Intent-The intent of this section is to outline the criteria for evaluation for the Final Plan.
7.4.2 Duties of the Department of Planning Services: The Department of Planning Services shall be
responsible for processing all applications for a PUD Final Plan once a completed application is
submitted. The Department shall have the responsibility to ensure that all application procedures and
requirements are met prior to any official action.
7.4.2.1 In the event that the Department of Planning Services determines that the Final Plan
submittal is consistent with the previous Sketch Plan and Change of Zone submittals, and
if a Specific Development Guide was submitted for the Change of Zone application, the
planner shall:
7.4.2.1.1 Send the application to referral agencies for review and comment. The
agency shall respond within twenty-one (21) days after the application is
mailed. The failure of any agency to respond within twenty-one (21) days
may be deemed a favorable response. All referral agency review comments
are considered recommendations to Weld County. The authority and
responsibility for approval and denial of a Final Plat application rests with
Weld County. The referral agencies include those listed in Section 4.3.1.1.1
of this Ordinance.
7.4.2.1.2 The planner shall review the Final Plan application and approve or
conditionally approve, the application if the applicant has demonstrated
compliance with Sections 7.4.3.1 through 7.4.3.8 of this Ordinance.
7.4.2.2 In the event that the Department of Planning Services determines that the Final Plan
submittal is not consistent with the previous Sketch Plan and Change of Zone submittals,
and/or a Conceptual Development Guide was submitted for the Change of Zone
application, the planner shall:
7.4.2.1 Set a Board of County Commissioners' hearing date not less than forty-five (45)
days no more sixty (60)days after the complete application has been submitted.
7.4.2.2 Send the application to referral agencies for review and comment. The agency
shall respond within twenty-one (21) days after the application is mailed. The
failure of any agency to respond within twenty-one (21) days may be deemed
a favorable response. All referral agency review comments are considered a
recommendation to Weld County for approval and denial of a Final Plan
application. The referral agencies include those listed in Section 4.3.1.1.1 of this
Ordinance.
7.4.2.3 Arrange for legal notice of said hearing to be published once in the newspaper
designated by the Board of County Commissioners for publication of notices.
At the discretion of the Board of County Commissioners, a second 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 jurisdictional defect in the hearing process. The date of
publication shall be at least fifteen (15) days prior to the hearing.
27
7.4.2.4 Give notice for the proposed Final Plan and the public hearing date to those
persons listed in the application as owners of property located within five
hundred (500) feet of the parcel under consideration, and owners and lessees
of the mineral estate on or under the parcel under consideration. Such
notification shall be mailed, first class, not less than fifteen (15) 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 or owners and lessees of mineral estates
to receive such notification.
7.4.2.5 The Department of Planning Services shall post a sign for the applicant on the
property under consideration for a PUD Final Plan. The sign shall be posted
adjacent to and visible from a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road
right-of-way, one sign shall be posted at the point at which the driveway (access
drive) intersects a publicly maintained road right-of-way. The sign shall be
posted at least fifteen (15) days prior to the hearing.
7.4.2.6 Prepare a staff recommendation for the Board of County Commissioners'
addressing all aspects of the application. Planning staff recommendations will
determine compliance with Sections 7.4.3.1 through 7.4.3.8 of this Ordinance.
7.4.3 Responsibilities of the Department of Planning Services: The Department of Planning Services shall
determine if the proposed Final Plan meets the intent of the Change of Zone Development Guide
application and that standards of all applicable Weld County regulations have been met as follows:
7.4.3.1 That the proposal is consistent with the COMPREHENSIVE PLAN, Zoning and
Subdivision Ordinances, MUD Ordinance, if applicable, and any IGAs in effect influencing
the PUD.
7.4.3.2 That the USES which would be allowed in the proposed PUD will conform with the
Performance Standards of the PUD zone district contained in Section 2 of this Ordinance.
7.4.3.3 That the USES which would be permitted will be compatible with the existing or future
development of the surrounding area as permitted by the existing zoning, and with the
future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS
of affected municipalities.
7.4.3.4 That adequate water and sewer service will be made available to the site to serve the
USES permitted within the proposed PUD in compliance with the Performance Standards
in Section 2 of this Ordinance.
7.4.3.5 That STREET or highway facilities providing access to the property are adequate in
functional classification, width, and structural capacity to meet the traffic requirements of
the USES of the proposed PUD zone district.
7.4.3.6 In the event the STREET or highway facilities are not adequate, the applicant shall supply
information which demonstrates the willingness and financial capacity to upgrade the
street or highway facilities in conformance with the Transportation Section of the
COMPREHENSIVE PLAN, Subdivision Ordinance, and the MUD Ordinance, if applicable.
28
This shall be shown by submitting,with the PUD district application, a separate proposal
for on-site and off-site road improvements. This proposal shall describe, in detail, the type
of on-site improvements in compliance with Section 12 of the Subdivision Ordinance and
off-site road improvements in compliance with Section 13 of the Subdivision Ordinance,
to determine if the requirement for STREET or highway facilities providing access to the
property has been satisfied. The method of guarantee shall conform with Weld County's
policy regarding Collateral for Improvements.
7.4.3.7 That there has been compliance with the applicable requirements contained in the Zoning
Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions
on the subject site.
7.4.3.8 If compatibility exists between the proposed USES and criteria listed in the Development
Guide, and the Final Plan exactly conforms to the Development Guide.
7.5 Duties of the Board of County Commissioners
7.5.1 In the event that it is determined that the Final Plan submittal is consistent with the previous Sketch
Plan and Change of Zone-Specific Development Guide submittals, the Board of County
Commissioners shall hold a meeting to consider the Final Plan application and to take final action
thereon. The Board's decision shall consider the recommendation of the planning staff, referral
agency responses and the application case file to determine compliance with Sections 7.5.3.1 through
7.5.3.8 of this Ordinance.
7.5.2 In the event that it is determined that the Final Plan submittal is not consistent with the previous
Sketch Plan and Change of Zone submittals, if a Conceptual Development Guide was submitted for
the Change of Zone application, or that the proposed PUD is controversial in nature, the Board of
County Commissioners shall hold a public hearing to consider the Final Plan application and to take
final action thereon. The Board's decision shall consider the recommendation of the planner, referral
agency responses, and the application case file to determine compliance with Sections 7.5.3.1
through 7.5.3.8 of this Ordinance.
7.5.3 Responsibilities of the Board of County Commissioners: The Board of County Commissioners shall
determine if the proposed Final Plan meets the intent of the Change of Zone Development Guide
application and that standards of all applicable Weld County regulations have been met as follows:
7.5.3.1 That the proposal is consistent with the COMPREHENSIVE PLAN, Zoning and
Subdivision Ordinances, MUD Ordinance, if applicable, and any IGA in effect influencing
the PUD.
7.5.3.2 That the USES which would be allowed on the subject property will conform to the
Performance Standards outlined in Section 2 of this Ordinance.
7.5.3.3 That the USES which would be permitted will be compatible with the existing or future
development of the surrounding area as permitted by the existing zoning, and with the
future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS
of affected municipalities.
7.5.3.4 The PUD zone district shall be serviced by an adequate water supply and sewage
disposal system in compliance with Section 2 of this Ordinance.
29
7.5.3.5 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.
7.5.3.6 In the event the STREET or highway facilities are not adequate, the applicant shall supply
information which demonstrates the willingness and financial capacity to upgrade the
street or highway facilities in conformance with the Transportation Section of the
COMPREHENSIVE PLAN, Subdivision Ordinance, and the MUD Ordinance, if applicable.
This shall be shown by submitting,with the PUD district application, a separate proposal
for on-site and off-site road improvements. This proposal shall describe, in detail, the type
of on-site improvements in compliance with Section 12 of the Subdivision Ordinance and
off-site road improvements in compliance with Section 13 of the Subdivision Ordinance,
to determine if the requirement for STREET or highway facilities providing access to the
property has been satisfied. The method of guarantee shall conform with Weld County's
policy regarding Collateral for Improvements.
7.5.3.7 That there has been compliance with the applicable requirements contained in the Zoning
Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions
on the subject site.
7.5.3.8 If compatibility exists between the proposed USES and criteria listed in the Development
Guide, and the Final Plan exactly conforms to the Development Guide.
7.5.4 Upon the BOARD making its final decision, a resolution setting forth that decision shall be
drafted and signed. A record of such action and a copy of the resolution will be kept in the
files of the Clerk to the Board.
7.5.5 The Board of County Commissioners shall arrange for the Office of the Weld County Clerk
and Recorder to record the resolution.
8 Supplemental Procedures and Requirements
8.1 The intent of the Supplemental Procedures and Requirements is to assure that the PUD development
commences in a timely fashion.
8.2 Enforcement of a PUD: All development shall meet the requirements herein set forth and no part of
a PUD shall be approved that does not meet these requirements.
8.3 Amendment to a Planned Unit Development Zone District: Each approved Planned Unit Development
zone district is considered unique, and the USES described by block and/or lot within a PUD zone
district shall only be amended by applying for a Change of Zone to a new PUD zone district. These
procedures are contained in Section 5, of this Ordinance.
8.4 Amendment to a Planned Unit Development Final Plan: Any request to make a major change to an
approved PUD Final Plan shall be processed as a new application for a PUD Final Plan under Section
8 of this Ordinance. This may include, but not be limited to requests for vacating all or parts of an
approved PUD Final Plan for the 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 Final Plan.
30
8.5 Minor Modifications to a Planned Unit Development Final Plan: The Department of Planning Services
may approve a minor modification to a PUD Final Plan. The applicant shall prove that the minor
modification is required by engineering or other circumstances not foreseen during the approval of
the PUD Final Plan. The Department of Planning Services shall not approve a minor modification if
that modification does not conform to the PUD zone district.
8.5.1 All proposed amendments and minor modifications to an approved Planned Unit
Development Final Plan shall be subject to the procedures stated in this Ordinance and
current land use regulations. The Planned Unit Development zone district shall be subject
to the requirements contained in this Ordinance, Supplementary District Regulations, and
Section 50, Overlay Districts of the Zoning Ordinance.
8.6 Correction to a Planned Unit Development Final Plan: The Board of County Commissioners may,
without a hearing or compliance with any of the submission, referral, or review requirements of the
PUD Final Plan regulations, approve a correction to the PUD Final Plan if the sole purpose of such
correction is to correct one or more technical errors in an approved PUD Final Plan and where such
correction is consistent with its approved PUD zone district.
8.7 Failure to submit a Planned Unit Development Final Plan: If a PUD Final Plan application is not
submitted within two (2) years of the date of the approval of the PUD zone district, the Board of
County Commissioners shall require the landowner to appear before it and present evidence
substantiating that the PUD project has not been abandoned and that the applicant possesses the
willingness and ability to continue with the submittal of the PUD Final Plan. The Board may extend
the date for the submittal of the PUD Final Plan application and shall annually require the applicant
to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or
statements made supporting the original approval of the PUD zone district have changed or that the
landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a
public hearing revoke the PUD zone district and order the recorded PUD zone district reverted to the
original zone district.
8.8 Failure to Record a Planned Unit Development Final Plan: If a Final Plan plat has not been recorded
within one (1)year of the date of the approval of the PUD Final Plan, or within a date specified by the
Board of County Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the PUD Final Plan has not been abandoned and that the
applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may
extend the date for recording the plat. If the Board determines that conditions supporting the original
approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD
Final Plan.
8.9 Failure to Commence a Planned Unit Development Final Plan: If no construction has begun or no
USE established in the PUD within one(1)year of the date of the approval of the PUD Final Plan, the
Board of County Commissioners may require the landowner to appear before the it and present
evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant
possesses the willingness and ability to continue the PUD. The Board may extend the date for
initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD
has not been abandoned. If the Board determines that conditions supporting the original approval
of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the
Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan
vacated.
31
8.10 Failure to Comply with the PUD Final Plan: The Board of County Commissioners may serve written
notice upon such organization or upon the owners or residents of the PUD setting forth that the
organization has failed to comply with the.PUD Final Plan. Said notice shall include a demand that
such deficiencies of maintenance be cured within thirty (30)days thereof. A hearing shall be held by
the Board within fifteen (15)days of the issuance of such notice, setting forth the item, date and place
of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give
an extension of time within which they shall be rectified.
8.10.1 Any PUD zone district approved in a Final Plan shall be considered as being in
compliance with the official Subdivision Ordinance and 30-28-101, et seq., CRS.
8.11 Fees: Fees for all Land USE Permit applications provided for in this Ordinance, shall be established
by resolution of the Board County Commissioners in conjunction with a hearing process that will
consist of a fifteen (15)day public notice prior to the Board of County Commissioners hearing. Notice
of said hearing is to be published once in the newspaper designated by the Board of County
Commissioners for publication of notices.
8.12 Review fees charged by a state agency for the review of any land-use application shall be made
payable, by check or money order,to the State reviewing agency in the amount set by State law. The
fee shall be paid at the time the application is submitted for consideration by the county. Failure to
pay said fee shall result in the land USES application being considered an incomplete application and
will not be assigned a case number or hearing date until the fee is paid.
8.13 Requesting Redesign: The Board of County Commissioners may request redesign of all or any
portion of a planned unit development submitted for approval, but any such request shall include
specific, objective criteria.
• 8.14 Nothing in this Ordinance shall be construed to preclude a county from taking any action permitted
by law based on the consideration of the rights and privileges of the owners of subsurface mineral
interests and their lessees pursuant to section 30 28 133(10), CRS,
8.15 Any required public hearing on any PUD shall be conducted expeditiously and concluded when all
those present and wishing to testify have done so. No public hearing shall continue for more than
forty days from the date of commencement without the written consent of the applicant. Any
continuation of a public hearing shall be to a date certain.
8.16 Unless withdrawn by the applicant, any PUD that has been neither approved, conditionally approved,
nor denied within a time certain mutually agreed to by the county and the applicant at the time of filing
shall be deemed approved. Such time period may be extended by the county to receive a
recommendation from an agency to which a planned unit development was referred, but such
extension shall not exceed thirty days unless the agency has notified the county that it will require
additional time to complete its recommendation.
32
9 PUD Mapping Requirements
9.1 Sketch Plan Mao Requirements - The following criteria are required for the Sketch Plan map
associated with the PUD process:
9.1.1 A map of the PUD project of professional quality, drawn at a scale of one inch (1") equals one
hundred feet (100'), one inch (1") equals two hundred feet (200'), or an approved scale by the
Department of Planning Services. The map shall be composed of one or more sheets with an outer
dimension of twenty-four(24) by thirty-six (36) inches, showing the following information:
9.1.1.1 Name of the Planned Unit Development.
9.1.1.2 Legal description, including total area.
9.1.1.3 Title, scale and north arrow.
9.1.1.4 The date of the drawing with adequate space for revision dates.
9.1.1.5 Outline of the proposed PUD perimeter. The proposed location of land USES by block and
lot, including block and lot sizes in acres, gross density, and number of each type of
residential unit; approximate floor areas, height, and type of businesses, commercial, and
industrial USES; and the location of common open space areas, i.e., public parks and similar
USES. The percentage of open space shall be delineated on the map.
9.1.1.6 The proposed location of vehicular and non-vehicular traffic circulation including roadways,
sidewalks and pedestrian trails.
9.1.1.7 The location of any existing easements, rights-of-way, structures, and USES within the PUD
development including, oil wells, tank batteries, irrigation ditches, water bodies, and railroad
tracks.
9.1.1.8 The location of any flood plain, geologic hazard, and airport overlay districts within the PUD.
9.1.1.9 Vicinity map, located on either the Sketch Plan map or an additional map, showing location
of PUD in relation to the general area, roadways, irrigations ditches and water features,
professionally drawn at a scale of one inch (1")equals six hundred feet(600')or an approved
scale by the Department of Planning Services, with an outer dimension of twenty-four(24)
by thirty-six (36) inches showing the following items:
9.1.1.9.1 Existing zone districts within one-half('/% ) mile of the boundaries of the PUD.
9.1.1.9.2 Existing uses within one-half('/) mile of the boundaries of the PUD.
9.1.1.9.3 The existing roadways within one-half(%) mile of the boundaries of the PUD.
9.2 Change of Zone and Final Plat Mao Requirements-The following criteria are required for the Change
of Zone and Final Plan plat associated with the PUD process:
9.2.1 The Change of Zone and Final Plan plat map shall be in drawing ink on mylar(not sepia) at
a scale of one inch (1") equals one hundred feet(100'), one inch (1") equals two hundred
feet(200') or a scale approved by the Department of Planning Services, composed of one
or more sheets with an outer dimension of twenty-four (24) by thirty-six (36), showing the
following information:
33
9.2.1.1 Outline of the proposed PUD perimeter, and a certified boundary and tract survey
of the parcel under consideration, showing all bearings and distances outside the
perimeter boundary lines or along the lot boundary lines. The closure error of the
survey may not exceed 1:5,000. When the parcel is bounded by an irregular shore
line or a body of water, the bearings and distances of a closing meander traverse
shall be given and a notation made that the plat includes all land to the water's edge
or otherwise. On curved boundaries and all curves on the plat, sufficient data shall
be given to enable the re-establishment of the curves on the ground. This curve
data shall include the following for circular curves: (1) radius of curve, (2) central
angel, (3) tangent, (4) arc length, and (5) notation of non-tangent curves.
9.2.1.2 Name of the Planned Unit Development,
9.2.1.3 Legal description, including total area involved, as certified by the surveyor.
9.2.1.4 Title, scale and north arrow.
9.2.1.5 The development's name and zoning district(s) approved at the Change of Zone.
9.2.1.6 The date of the drawing with adequate space for revision dates.
9.2.1.7 The boundary area of proposed zone districts for the Change of Zone plat.
9.2.1.8 The proposed location of land uses by block for the Final Plat. The size of each
block in acres or square feet, if less than an acre. The maximum size and number
of each business, commercial, and industrial structure, facility, and area in square
feet by block. The total number and type of each residential unit by block. The
location and size(acres and square feet)of common open areas, i.e., public parks,
school sites, and similar uses.
9.2.1.9 The proposed location of vehicular and non-vehicular traffic circulation, including
road classification, right-of-way width, road surface width, and access to public
right-of-way.
9.2.1.10 The location of any existing easements, rights-of-way, structures, and USES within
the PUD development including, oil wells, tank batteries, irrigation ditches, water
bodies, railroad tracks or dwellings.
9.2.1.11 The location and description of any FLOOD HAZARD, GEOLOGIC HAZARD, or
airport overlay districts.
9.2.1.12 The following certificate blocks shall appear on the PUD Change of Zone plat:
9.2.1.12.1 Property Owner's certificate
9.2.1.12.2 Surveyor's certificate
9.2.1.12.3 Planning Commission certificate
9.2.1.12.4 Board of County Commissioners certificate
9.2.1.13 The following certificate blocks shall appear on the PUD Final plat:
9.2.1.13.1 Property Owner's certificate
34
9.2.1.13.2 Surveyor's certificate
9.2.1.13.3 Board of County Commissioners certificate
9.2.1.14 A PUD Vicinity location map in compliance with Section 9.1.1.9 of this Ordinance.
9.3 Landscape Map Requirements
9.3.1 The Landscape map shall include a drawing of the PUD development and PUD plan map at a scale
of one inch (1") equals one hundred feet (100'), one inch (1") equals two hundred feet (200') or an
approved scale by the Department of Planning Services, composed on one or more sheets with an
outer dimension of twenty-four(24) by thirty-six (36) inches.
9.3.2 The Landscape map shall show the following:
9.3.2.1 Extent and location of all existing and proposed plant materials including grasses and other
landscape features identified by direct labeling on the plat or by a clearly understandable
legend. Where existing plants are to be retained, the applicant shall include proposed
methods of protecting the plants during construction.
9.3.2.2 Flower and shrub bed definition drawn on the plan to scale with dimensions.
9.3.2.3 Plant material will meet specifications of the American Association of Nurserymen (AAN) for
number one grade, unless an appropriate alternative exists. All trees will be balled and
burlaped or the equivalent.
9.3.2.4 The proposed treatment of the perimeter of the PUD, including materials and techniques
to be used, such as screens, fences, walls, berms, and other landscaping.
9.3.2.5 A description of any proposed park, type of proposed grasses, plant species and any
structures located in the park. If trails are proposed, the dimensions and type of trail material
proposed.
9.3.2.6 Location and description of proposed screening and buffering materials.
9.4 Final Plan Utility Map Requirements: The Final Plan Plat map shall contain the following information:
9.4.1 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') composed
of one or more sheets with an outer dimension of twenty-four(24) by thirty-six (36) inches showing
the following information:
9.4.1.1 A utility plan showing the easements for water, sewer, electric, gas, telephone, and any
other utilities within the PUD development. Easements shall be designed to meet the
Subdivision Ordinance for easement standards.
9.4.1.2 A utility service statement block shall appear on the map. The block shall identify each
special district, municipality, or utility company intended to service the Planned Unit
Development. The block shall include:
9.4.1.2.1 The name of the utility.
35
9.4.1.2.2 A dated signature and statement from the utility's representative indicating
one of the following: (1)service is available, (2) service is available subject
to specific conditions, or (3) service is not available for the PUD. In the
event number(2) is indicated, the specific condition shall be described.
9.4.1.2.3 Plans, profiles and typical cross section drawings of STREETS, bridges,
culverts, and all drainage detention areas and STRUCTURES. STREETS
including pavement design, bridges, culverts and other drainage
STRUCTURES and computations shall be designed and constructed to
meet the requirements of the Weld County Public Works Department and
the Section 10 of the Weld County Subdivision Ordinance.
9.4.1.2.4 A grading and drainage plan map shall consist of a drawing of the PUD
project at a scale of one inch (1") equals one hundred feet(100'), one inch
(1") equals two hundred feet(200') or an approved scale composed of one
or more sheets with an outer dimension of twenty-four(24) by thirty-six (36)
inches showing the following information:
9.4.1.2.4.1 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 slopes within the tract over five
percent(5%) grade.
9.4.1.2.4.2 All watercourses on the property will be shown. In addition, all FLOOD
HAZARD areas will be delineated.
9.4.1.2.4.3 All drainage ways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc., which may be incorporated into the storm water
management system for the PUD shall be designated.
9.4.1.2.4.4 All irrigation ditches and laterals shall be shown.
9.4.1.2.4.5 All required on-site detention areas, including notes indicating the area and
volume of the facility.
9.4.1.2.4.6 All plans shall indicate the proposed outlet for the storm drainage from the
property, including the name of the drainage way (where appropriate), the
downstream conditions, and any downstream restrictions.
9.4.1.2.4.7 Drainage design computations along with a stormwater drainage study
performed by a registered engineer competent in stormwater calculations
shall be submitted in accordance with the Section 10 of the Weld County
Subdivision Ordinance.
36
NOTICE
Docket Number 97-57
Pursuant to the Weld County Home Rule Charter, public meetings will be held concerning
Ordinance Number 197, In the Matter of Adopting the Planned Unit Development Plan.
The first reading of said Ordinance will be in the first floor assembly room, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado, on November 3, 1997, at or about
9:00 a.m. All persons in any manner interested in said Ordinance are requested to attend and may
be heard.
BE IT ALSO KNOWN that copies of the text of said Ordinance are available upon request
from the office of the Clerk to the Board of County Commissioners, Room 317, in the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
ORDINANCE NO. ORDINANCE #197
ORDINANCE TITLE: IN THE MATTER OF ADOPTING THE PLANNED UNIT
DEVELOPMENT PLAN
FIRST READING: November 3, 1997, 9:00 a.m.
SECOND READING: December 4, 1997, 9:00 a.m.
FINAL READING: December 18, 1997, 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 20, 1997
PUBLISHED: October 23, 1997, in the South Weld Sun
STATE OF COLORADO ) Weld f�rnunhr Planning Dept.
)s.s.
COUNTY OF WELD ) SEP 3 01997
Ruth Pelton-Roby, as manager of
Pelton Publishing Company LLC, being
duly sworn, states that it is
publisher of the South Weld Sun, a weekly
newspaper published in Keene 'd
in
said County and State; that said
newspaper has a general circulation
in said County and has been , ;
ly and uninterruptedly -` ,mop � �t '
tf
published therein, during a period
of at least fifty-two consecutive u,paati ` ' c £ '
weeks prior to the first publication �' `• , �'-'7;--.4i,----4 -
continuous
of the annexed notice; thatlit-said
newspaper is a newspaper within the
meaning of the act of the General " s
Assembly of the State of Colorado, ' " a
entitled "An Act to regulate the ea 7
printing of legal notices and
advertisements, " and amendments ;
thereto; that the notice of which ` t 4 x ;
•the annexed is a printed copy taken » "
from said newspaper, was published ,
in said newspaper, and in the _� � - > d,
regular and entire issue of every g,J10 ,4 ,-
number thereof, once a week for ? «x. dwk > _
l successive weeks; that said b"" r � ow�m.Ma
notice was so published in said kc
newspaper proper and not in any o s. .,
supplement thereof, and that the E, r � :`
first publication of said tice •. �`
M
as of esaid, was on the day , r `'
of 19 and the last s= � '
on the day of 1997 . ', r� a
' V. 1 d �nS h..hv:::
PELTON PUBLISHING COMPANY LLC °,
BY �A � l� n
•
w
Ruth Pelton-Roby, Manager ?
Subscribed and sworn o��.efo e
me this (day ofQ/AJLc 1997.
Notar Public
4.%t uM�49 myt
,onmS .—r-- 12-16-2000
V I
r ' Ry . m
3 a �+ Pamela R. Baumgartner
�A. pL�L `•
c :o a 5945 WCR 69
t 4 ..<4,1
Kaenesburg, CO 80641
?'
.,0c 'SI-0 `
ci•knwryelu W ono
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday, October 7, 1997, at 1:30 p.m.,
for the purpose of considering a proposed Planned Unit Development Ordinance that would replace Sections
23.1.2, 28, 31.4.18, and 35 of the Weld County Zoning Ordinance.
General changes to the existing Planned Unit Development requirements include: the addition of definitions for
new terminology such as urban and non-urban scale development, inclusion of a specific or conceptual
development guide at the Change of Zone application, new review procedures and time parameters based upon
consistency of application and development guide options, and the allowance of Planned Unit Developments
served by a non-public water source if the application meets the requirements of the proposed ordinance. The
proposed Planned Unit Development Ordinance is intended to allow for greater flexibility and new alternatives
for development.
•
The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request
should be submitted, in writing, to the Weld County Department of Planning Services, 1400 N. 17th Avenue,
Greeley Colorado 80631, before the above date or presented at the public hearing on October 7, 1997. A copy
of the proposed Planned Unit Development Ordinance is available for review in the Department of Planning
Services.
Please call Wendi Inloes (970) 353-6100, Ext. 3540,or Fax(970) 352-6312, prior to the day of the hearing so that
reasonable accommodations can be made if, in accordance with the American with Disabilities Act, you require
special accommodations in order to participate in this hearing as a result of a disability.
Glen Vaad, Chairman
Weld County Planning Commission
To be published in the South Weld Sun.
To be published one (1) time by September 18, 1997.
Received by: £Qt/Sw S
Date; Dye/
r
*1\c ,„, „
MEMORANDUM
ICTO: Board of County Commissioners October 31, 1997
COLORADO From: Kerri Keithley, Current Planner
SUBJECT: Proposed changes to PUD Ordinance 197
The following are proposed changes to the PUD Ordinance #I97 recommended by the
Department of Planning Services:
Section 7.5. 1 shall be deleted and the subsequent sections renumbered.
Section 7.5.2 should read:
In the event that it is determined that the Final Plan submittal is not consistent with the
previous Sketch Plan and Change of Zone submittals, or if a Conceptual Development
Guide was submitted for the Change of Zone application, the Board of County
Commissioners shall hold a public hearing to consider the Final Plan application and to
take final action thereon. The Board's decision shall consider the recommendation of the
planner, referral agency responses, and the application case file to determine compliance
with Sections 7.5.2. 1 through 7.5.2.8 of this Ordinance.
Section 9.2. 1.13, Change of Zone and Final Plat Map Requirements should include the following:
9.2.1.13.3 Board of County Commissioners certificate Of applicable)
9.2.1.13.4: Department of Planning Services certificate(if applicable)
9.2.1.13.5; Certificate of Dedication, Ownership and Maintenance
Section 4.2.5.5 references Section 3.5 of the Ordinance and should instead reference 2.20 in the
Ordinance.
Section 7.3.2, last sentence shall delete "by the Board of County Commissioners", as the Final PUD
Plan may be approved by the Department of Planning Services.
44\- MEMORANDUM
To: Board of County Commissioners January 9, 1998
From: Monica Daniels-Mika, Director, Dept. of Planning Services
COLORADO
Subject: PUD Ordinance 197
'The Departments of Environmental Health, Public Works and Planning have reviewed the PUD Ordinance as
proposed, and have the following changes, deletions and or additions to include:
2.16 Delete standards and replace with, regulations, (Colorado Primary Drinking Water Regulations).
2.16 Public Water Provisions-Public water systems serving PUD's must be capable of meeting State
Drinking water regulations,(Colorado Primary Drinking Water Regulations)and have adequate
Provisions for a 300 year supply of water. Public Water systems which rely upon Denver Basin
aquifers shall also acquire and incorporate into a permanent supply plan alternative renewable
water sources to ensure water supplies for the future.
The following section needs to be re-worded as indicated below.
475.5 The source of public water or, if an exception for a five(5) lot or less residential PUD is granted
by the Department of Planning Services it shall adhere to Section 3.5 of this Ordinance. The
public water system shall also incorporate a permanent supply plan with alternatives for
renewable water sources to ensure water supply for the future.
The following section needs to be re-worded as indicated below.
4.2.5.7 The vehicular circulation system of local, collector, and arterial streets. The general statement
and cross-section should include: width and depths of roadway, type of surface, off street
parking areas, loading zones, major points of access to public rights-of-ways, and notation of
proposed ownership of the circulation system, public or private. Design Standards for streets
are listed in the Subdivision Ordinance,and Ordinance#191. Weld County Road classifications
are listed in the Weld County Comprehensive Plan.
6.3.1.2 Include the following items in this section.
6.3.1.2.1.17 Drinking Water Source
6.3.1.2.1.18 Traffic Imparts Trvg.rtcJS
Include the word public in the following section.
6.3.2.2.1.10 Sewage Disposal Provisions—A description of the sewage disposal facility. If the facility is a
public sewer system. A statement from the representative of the provider of the sewer system
utility which demonstrates that the disposal system will adequately serve the USES within the
development.
Include the word depth in the following section.
.c:pt) 9.2.141 The proposed location of vehicular and non-vehicular traffic circulation, including road
classification, rights-of-way width, road surface width, depth and access to public rights-of-way.
9 1&-1.2.4.7 Include the word storm in the following section.
q. y./
=.2.4.7 Storm drainage design computations shall be submitted in accordance with the Section 10 of
the Weld County Subdivision Ordinance.
Ord 1 97.skm
November 24 , 1997
TO: WELD COUNTY COMMISSIONERS
FROM: VIRGINIA SHAW
RE: SUGGESTED ADDITIONS TO PUD REVISIONS RE: APPLICATIONS
COMPATIBILITY WITH SURROUNDING LAND USES
In review of Weld County' s current Planned Unit Development
regulations and requirements ; and in view of the letter read earlier
today by Mr. Elmquist, I would like to suggest that the following
changes be added to your new PUD requirements :
I. (Under Performance Standards in the PUD Zone District-2)
2 . 21 - Agricultural Buffer Zone - That the Weld County Department of
Planning set forth planned agriculture buffer zones between
municipalities and townships and establish other ways and
means for preserving and protecting agriculture & open space
in a buffer area. (Ex: By purchase of developmental rights/and
or properties directly from Lottery monies , trust foundations ,
new tax monies so that the farmer & rancher has other alter-
natives to that of development . ) (THIS IS NOT TO BE CONFUSED
WITH THE COMMON OPEN SPACE REQUIREMENTS AS SPECIFIED IN DEVEL-
OPMENT PARCEL REQUIREMENTS) .
II . (Under Duties of the Department of Planning Services - 4 . 3)
4 .3 . 1 . 1 . 14 - Review from an Agricultural Impact Committee (such as
the proposal just read for the St . Vrain Valley Rural
Impact District - with other areas of the county establishing
similar type districts) .
III . (Under Review Procedure for the Sketch Plan - 4 . 4 . 1)
4 . 4 . 1 . 7 - That the Agricultural Impact Committee ' s report (such
as that of the St . Vrain Valley' s Rural Impact District)
be part of this criteria.
IV. (Under PUD Change of Zone - Step Two, Requirements for Submittal
5 . 3 . 3 - (Change) . certified list of names of surrounding landowners
to at least 1500 feet of property subject for application)
5 . 3 . 8 - A report from the Agricultural Impact Committee.
V. (Under Development Guide Requirements - 6)
6 . 3 . 9 - Agricultural Impact Committee Report .
6 . 3 . 1 . 2 . 1 . 17 - Agricultural/Open Space Impact qtyHIBIT
Yr��
SUGGESTED ADDITIONS TO PUD REVISION Page 2
VI . (Cont ' d - Under Development Guide Requirements - 6)
6 . 3 .9 - Agricultural Impact District . Areas be established
within Weld County (such as the St . Vrain Valley Rural Impact
District) to ensure that the concerns of the rural people
in Weld County are heard regarding the impact of long-term
growth and physical expansion based on environmental , land
use , community design, infrastructure and lifestyle
considerations . Also taking into consideration open space
buffers between municipalities and townships .
VII . (Duties of the Department of Planning Services - 6 . 4 . 2)
6 . 4 .2 . 3 (Change) Arrange for legal notice os said hearing to be
published twice in the newspaper of the municipality of
which the application is takin place , plus any surrounding
municipality which might e e ected by impact of the develop-
ment . The date of publication shall be at least 15 days
prior to the hearing .
6 . 4 . 2 . 4 (Change) list of property owners to 1500 feet.
6 . 4 . 2 . 6 . 9 - The USES would be compativle with reports from
the Agricultural Impact District' s Report.
VIII . (Duties of the Planning Commission - 6 . 4 .3)
6 . 4 . 3 . 4 . That reommendations from the Agricultural Impact District
be followed.
IX. (Duties of the Board of County Commissioners - 6 . 4 . 4 . )
6 . 4 . 4 . 2 (Change) Legal notice to read as above (6 . 4 . 2 .3)
6 . 4 . 4 . 4 Change) list of property owners to 1500 feet.
6 . 4 . 4 . 6 . 11 - That recommendations from the Agriculture Impact
District ' s report be followed.
The above changes go only to Page 25 (PUD Final Plan - Step Three-7) ,
of the Planned Unit Development document, but I think you can gather
what I 'm trying to accomplish. (I will have the remaining suggestions
completed be the December 15th meeting) .
I thank you for you time and consideration.
PUD PROCESSING OPTIONS
SPECIFIC GUIDE CONCEPTUAL GUIDE
1
1. Sketch Plan 1. Sketch Plan
1 l
Planner Review Planner Review
Change of Zone 2. Change of Zone
2. Developmental Guide Developmental Guide
Planning Commission Planning Commission
& Board of County & Board of County
Commissioners Commissioners
1
3, Final Plan 3, Final Plan
Board of County Administrative Board of County
Commissioners Review Commissioners
T T T
Final Action Final Action
EXHIBIT
LL'LA ?E
NEED FOR NEW PROCEDURE:
TO CREATE A MORE " USER FRIENDLY"
PROCESS WHICH ALLOWS A GREATER
DEGREE OF REVIEW AND MEANINGFUL
CITIZEN INPUT.
PROCEDURAL GUIDES:
EIGHT COMPONENTS
1 . ENVIRONMENTAL
2. SERVICE PROVISION
3. LANDSCAPING ELEMENTS
4. SITE DESIGN
5. COMMON OPEN SPACE
6. PROPOSED SIGNAGE
7. MUD IMPACT (IF APPLICABLE)
8: INTERGOVERNMENTAL AGREEMENT
(IF APPLICABLE)
SPECIAL CONSIDERATIONS
1 . AGRICULTURAL
A. Goal 4
Provide a mechanism for the division of land which is agriculturally
zoned. The intent of this goal should be to maintain and enhance
the highest level of agricultural productivity in weld county.
2. PLANNED UNIT DEVELOPMENT
A. PUD.Goal 1
Maintain land-use regulations that allow county officials to
review development proposals which combine uses by right in
two or more zone districts, or which in some manner qualify as
a planned unit development according to the definition in the
Weld County Subdivision Ordinance, as amended.
B. PUD.Goal2
Encourage creative approaches to land development which will
result in environments of distinct identity and character.
C. PUD.Goal 3
Ensure that adequate public services and facilities are
available to serve the Planned Unit Development or district.
D. PUD.Goal4
Promote efficient and cost-effective delivery of public facilities
and services in the planned unit development or district.
E. PUD.Goal5
All new planned unit development should pay its own way.
PROPOSED TIME LINES
Approximate Days
Sketch Plan: Administrative Review 45
Change of Zone: Both options require: 60-90
* Specific Guide Planning Commission Review &
* Conceptual Guide BOCC Review and Approval
Final Plan:
* Specific Guide Administrative Review 45
* Conceptual Guide BOCC Review and Approval 45-60
TOTAL: Specific Guide 150-180 days
Conceptual Guide --150-195 days
EXISTING TIME LINES
Approximate Days
Sketch Plan: Department of Planning Services 45
Change of Zone: Weld County Planning Commission 45 to 60
Board of County Commissioners 45 to 60
Final Plan: Weld County Planning Commission 45 to 60
Board of County Commissioners 45 to 60
Utility Coordinating Board 225 to 285 Total
SPECIAL CONSIDERATIONS
1. URBAN DEVELOPMENT CONSTITUTES
URBAN SERVICES
2. CITIZEN INPUT IS IMPERATIVE IN THE
LAND USE PROCESS
3. THE GOALS OF THE COMPREHENSIVE
ARE SATISFIED BY THE PUD PROPOSAL
4. AGRICULTURAL IMPLICATIONS
PUD3RD
="ILLU CO?'"
St . Vrain Rural Impact District ,� -,.., ,,,_,.,,, ,4T7
3019 WCR 20 1/2
Longmont , CO 80504 ► cl WI 12 tt,a 8: 59
January 12 , 1998
CLERK
Weld County Commissioners TO THE SO)^'i
P.O. Box 758
Greeley , CO 80632
RE : New PUD Ordinance
St . Vrain Valley Rural Impact District Referral Agency.
Dear Commissioners :
On January 2 , 1998 our group met to formally be briefed on your
response to the issues raised during the first reading of the
proposed PUD ordinance . As you may recall , our group is seeking
referral agency status . We would also like some additional
language added to the PUD ordinance to make sure the true impact of
long-term growth and physical expansion based on environmental ,
land use , community design and infrastructure and lifestyle
considerations is heard .
Prior to adoption on the third and final reading of the PUD
ordinance we ask that you reconsider the following recommendations :
Acknowledge Agricultural Agencies in the PUD process
* PUD Ordinance Section 4 . 3 . 1 . 1 . 13 would allow for
additional persons or agencies to be granted a special
referral agency status .
* Allowing Agricultural Referral Agencies to serve as the
formal voice of an impacted community will reduce
planning department staff time devoted to fielding
questions from the public on the status of proposed
developments .
* Referral agency status would insure an equal
opportunity is given to those most impacted by a new
development , the surrounding property owners and
residents , to voice concerns on proposed developments
early on in the planning process .
* These agricultural referral agencies could be set-up
throughout the county with the agency board members
being voted on by the public in the same way fire
district boards are elected .
IEXHIBIT
-A
OArte
Require Agricultural Buffer Zones between Cities and Towns
* To prevent Weld County from becoming Colorado' s
premiere "mixed up development" county instead of the
premiere mixed use development county.
* Reduce the negative impacts growth has on the
environment , existing infrastructure and lifestyles of
existing residents .
* Consistent with the state executive department 's smart
growth policies .
Weekly_ Newspaper Commissioner Meeting Agendas
* Purchase weekly 4" x 4" adds of the Commissioner
Meeting Agendas in the top four or five local
newspapers circulated in Weld County .
* Rebuild a trust with the citizens of this county that
you are responsive to their concerns and open to public
input .
* Provide a greater appreciation of the work and
decisions on issues each of you face each week .
In closing, we ask that you openly discuss these suggestions prior
to your vote of the PUD ordinance . We hope you will recognize the
merits of adopting our ideas . For any of the above ideas you
choose not to adopt today , we are requesting a written explanation
as to why? We also would welcome in your letter , suggestions for
other ways these goals could be achieved.
Sincerely ,
St . Vrain Rural Impact District
Landowners and Residents
Robert Nash, Chairman
Sam and Jimmie Angelo
Rochelle Coufal
Jim and Judy Doecheff
Artie Elmquist
John Folsom
Paul and Susan Halki.n
Heather Hollingsworth
Bud and Sharon Hopper
Gerald and Lynda Moisan
Mike and Ginny Shaw
Kay Stehle
Boulder County Board of
A
Boulder County Commissioners
c°U^tY Agenda for week of January 5 -
TUESDAY,JANUARY 6,1998 January 9, 1998
9:00 a.m. Land Use Matters:
1.Public Hearing,re:Docket#CU-97-01(Conlin Change of Use in the
Gold Hill District);
2.Public Hearing,re:Docket#SE-97-33(Selman BLA);
10:15- BUSINESS MEEETING(see separate agenda) r.
11:00 Presentation by The Public Information Corporation of Post-Election tion
• ' _ Survey Results
2:00 p.m. Land Use Matters:Public Hearing,re:Docket#SU-96.18/SE-96-18(Western .
Mobile Boulder,Inc.SU Amendment)(Tabled from 6/10/97 I
7/1/97,9/4/97 9/30/97,10/28/978 12/4/97)(To be tabled to 2:00 p.m.,1/22/98) '
WEDNESDAY,JANUARY T''55 9:00 Am Adminlstrativa)meetir , - I
9:00 am Liquor i
4:00 p.m Board of Ng a -
AdjuaMentm'eets'
7:00 Consomum of Cities meets
THURSDAY,JANUARYS - •
•
9:00 a.m. Land Use Matters:Public Hearing,re:Docket#50-92-11(Johnson Farm
- PUD Amendment)
10:15 BUSINESS MEETING(see separate agenda)
11:00 County Attorney:Public Hearing, g
Enforcemen4 District 9 re;Settlement proposal for Rugg Zoning7:W P.m. Historic P Court Case#97-CV-1317(Tabled from 12/16/97))
Preservation dviso r2/Board meets ��
Agenda is subject to change.Meetings in the . A L'
otherwise noted.Info:441-3504,For Courthouse third floor
of48 .In special assistance,contact ADA Coordinator.
room unless
FREE hours s beforeCity of scheduled
ev t.Citizens
attending
d County Walut, 1 he 8 nd meeatgs 441-350SPARK
1
Streets.Ask staff for Boulder atten Web Page: 1 th 8 Wangs and meetings can pgHe
9 WWW-BOCO.CO.GOVinut.and 11th 8 Spruce
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WELD: County has big plans
tat
s ��ltlftl Page Aland
wetlan s more
wildlife signals
i and require more traffic signals
ment wit*the f-25 mired-use'de on Colorado Highway 119 east of
velopmenrarea." Longmont.
Artie El quiet of 8724 I-ed
The Omega the proposed
Frontage ,Road complimented
deve
*Wald lack adequate pubilc ' may..have trouble Lot tint on its letter.
getting sanitary sewer "It's nice to see that Longmeot
de-
fl e i 'H the y cat that this e-
�d Iots i dsy
hee
creeks ; ',hld increase traffic un lots would Ivo-
r r to Longmont. vide g for an
h erwhei
to on n eex N Peed*nerss will realize
rstipg opment, than inn lrpment^ s.
ural,unincorporated areas. ese.
Robert Nash who has lived on Leona Stoecket said the
Weld County Road 201 for three c�Is concerned about the 1sa-
years, Longmont should pacts of another.30,000 to'4060
oppose�e Sherwood Village people bet Longmont and Del
plans.the
lans. He said about 100 residents Camino. She'said a Weld County
of unincorporated Rtnn coin- gleaning consultant once pre-
munity have held grass-roots dieted that traffic along Colorado
meetings because Weld County's Highway 119 after build-out of the
mixed-use development plan corridor would be "equivalent to
"came down on us,like a thunder- rush hour in downtown Denver."
bolt." Stoecker said she knows Weld
"We were not aware that a city County officials are concerned
the size of Loveland was planned about protecting property rights
inside the MUD area,";Nash said. but they have a different philoso-
He added that proiosed de- phy then Longmont officials on
velopment would negatively hn- how to.dothis.
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