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Home My WebLink About972300.tiff/ XsatoLLA.8 ORDINANCE NO. 197 IN THE MATTER OF ADOPTING THE PLANNED UNIT DEVELOPMENT PLAN BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30, CRS, to adopt zoning regulations for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that there is a need for a Planned Unit Development Plan to supplement the zoning regulations for the County of Weld, and WHEREAS, the Board of County Commissioners hereby finds and determines that said Ordinance is for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the Planned Unit Development Plan as printed below be, and hereby is, adopted. PUD - Planned Unit Development 1 1.1 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: 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; 972300 ORD197 1.5 Provide for necessary services and amenities conveniently located in proximity of residential developments; 1.6 1.7 Conserve the value of the land; 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. 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 Reauirements - 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 972300 Page 2 ORD197 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 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 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. 972300 Page 3 ORD197 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 1/2) 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 %:) 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. 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 PUD's, 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 972300 Page 4 ORD197 3.4.2 Change of Zone: * Specific Guide * Conceptual Guide 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 PUD'S 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. 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 3.3.1 3.3.1.1 3.3.1.2 Application Process The PUD is a three -step process involving the following: Sketch Plan 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 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 60-90 Both options require: Planning Commission Review & BOCC Review and Approval 3.4.3 Final Plan: * Specific Guide Administrative Review * Conceptual Guide BOCC Review and Approval days TOTAL: Specific Guide 45 45-60 150-180 Conceptual Guide 150-195 days 972300 Page 5 ORD197 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 Reauirements 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. 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 2.20 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. 972300 Page 6 ORD197 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. 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, 972300 Page 7 ORD197 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, 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. 972300 Page 8 ORD197 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. 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 of this Ordinance. 972300 Page 9 ORD197 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 Intergovernmental Agreements. 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 Components of the Development Guide: The Development Guide consists of eight (8) major components of the PUD development, as follows: 6.3.1 Environmental Impacts; 6.3.2 Service Provision Impacts; 972300 Page 10 ORD197 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. 6.3.1.2 Duties of the Department of Plannina 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 972300 Page 11 ORD197 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 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 972300 Page 12 ORD197 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 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, management, and maintenance of the proposed landscaping. 972300 Page 13 ORD197 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. 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 972300 Page 14 ORD197 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 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. 972300 Page 15 ORD197 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. 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 -- Signaoe 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. 972300 Page 16 ORD197 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. 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 Colorado Department of Transportation 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 972300 Page 17 ORD197 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. 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. 972300 Page 18 ORD197 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. 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 - Intergovernmental 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 972300 Page 19 ORD197 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 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 972300 Page 20 ORD197 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. 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. 972300 Page 21 ORD197 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. 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. 972300 Page 22 ORD197 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: 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. 972300 Page 23 ORD197 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. 7 PUD Final Plan - Sten 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 Phasinqs of a Final Plan - A Final Plan may develop in filings and phases 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. 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. 972300 Page 24 ORD197 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 attorneys 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. 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. 7.3.8 An Improvements 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. 972300 Page 25 ORD197 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. 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 Plannino 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 972300 Page 26 ORD197 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: 7.4.2.2.1 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. 7.4.2.2.2 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. 7.4.2.2.3 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. 7.4.2.2.4 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. 7.4.2.2.5 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. 7.4.2.2.6 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. 972300 Page 27 ORD197 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 IGA 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 :he 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. 7.4.3.7 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 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 7.5.3.1 through 7.5.3.8 of this Ordinance. 972300 Page 28 ORD197 7.5.2 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: 7.5.2.1 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. 7.5.2.2 That the USES which would be allowed on the subject property will conform to the Performance Standards outlined in Section 2 of this Ordinance. 7.5.2.3 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. 7.5.2.4 The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with Section 2 of this Ordinance. 7.5.2.5 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. 7.5.2.6 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. 7.5.2.7 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. 7.5.2.8 If compatibility exists between the proposed USES and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. 7.5.3 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. 7.5.4 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 Reauirements 972300 Page 29 ORD197 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. 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 972300 Page 30 ORD197 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. 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 Reauesting 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 972300 Page 31 ORD197 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. 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 ('/z ) mile of the boundaries of the PUD. 972300 Page 32 ORD197 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 Chancre of Zone and Final Plat Mao Reauirements - 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: 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. 972300 Page 33 ORD197 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 9.2.1.13.2 Surveyor's certificate 9.2.1.13.3 Board of County Commissioners certificate (if applicable) 9.2.1.13.4 Department cf Planning Services certificate (if applicable) 9.2.1.13.5 Certificate of Dedication, Ownership and Maintenance 9.2.1.14 A PUD Vicinity location map in compliance with Section 9.1.1.9 of this Ordinance. 9.3 Landscape Mao Reauirements 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. 972300 Page 34 ORD197 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. 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 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. 972300 Page 35 ORD197 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 Section 10 of the Weld County Subdivision Ordinance. BE IT FURTHER ORDAINED by the Board that this Ordinance Number 197 shall be effective as of January 1, 1998. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 197 was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A. D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: George E. Baxter, Chair Weld County Clerk to the Board Constance L. Harbert, Pro -Tern BY. Deputy Clerk to the Board Dale K. Hall APPROVED AS TO FORM: Barbara J. Kirkmeyer County Attorney W. H. Webster Notice Published: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: October 23, 1997 November 3, 1997 November 6, 1997 November 24, 1997, continued to December 15, 1997 December 31, 1997 January 12, 1998 January 21, 1998 January 26, 1998 972300 Page 36 ORD197 PUD - Planned Unit Development 8-27-97 1.1 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: 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 24-67-102 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'' WaffintarElally3patratiffte rt o if) a inn m' y - Wit i+ he firer tort .,� tet a 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. Common=Open SbataltAefin dat anyrosableparcel df and `n?ater unimprovedandpset aside; dadjOated esig rated,3b�:r served',fo(fablitV ate= SE orfOlgie USESnd nloylnen loners t raaccnpants af; and"adiofnirt eigi g, areas iatr2tWOMOOor�tJtbi btildut yatds r btsn2f $ 4 `p la° SES lT t t¢'tag II D aiiz nt7siza 5a's lie a if enCtb i SES, pePifiat" Te, "Plieatf POMM®I PENS 40 all bj Sslg Plf.J7 orfe:"dr5tr4bt oFFeer ggna} daa` r' iS ;• � ,. ,a MMONVF N PAtE3t%j<ttie U9 one ditttibt traXt etFiy €d ri?Min rpetutf 3 r4anilatbn attebliahettl ifically,_ or pentSpaceai clOdest a dscapa egiSniMatgas pis ; teXoUrt Ott ` to nr s-" a tUSES Iadwegs, tifs€tb cltgara ;el o ®P d rr c f. -Wad, "ffa. thollbif sinnTt alIRIffo[ rilat apeoifiga delineatrki ItaPthe MUDT)Siinancdt sefUltto hefoc pantsa _ tale ~a tidarttsl`of tit's 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 those specifically listed in the Subdivision Ordinance. Final recording shall not occur until the required improvements agreements have been approved and collateral tendered. 2 2 8 Filiercla ii�al la≥a nai deveroat filing ≥ rittti ' 'PO filititis f ere I ..._ t6UaoVtle deb., P tt ,%t ' t BE rti O.V i eiits gseetilttitIS a uued'ony Ors liFJ platted timig 81D Delp t ; tater n.≥ r Walla. e p e to filings t::,,,-ee l; tti ode „ a eliarlk CandygpitiglatMO ds`"°' q 911din t' shall be sjgit ariv wiidirig'ira po of,A1 UD until°the lamis�a i equir iythe lands are l jja'culltIkft tft-tiVte'°im toV'"e1nents Agwetcd tliat nth _ a rito'whityvtr pliov witt a l"egoireinents„in"the"Secfidn 12 of the"Vlfeld co-otiKSubdivitioi� idin lc 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. 211: Mill'ed Use7DeVelopR ntAfea-AII'develdpment locatedWithm-the MUD area, as delineated an the MUD Ordinance X91 7 .-ws., .icjivismaj c.�>�. l p _ MUD aP j , as indistedtn,the l�D Structi3ral Ma -2,� shall'be sub ect ioahe additional"develo meet criteria „._,� 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 Qeveiopment - Developments` comprising of five or less residential lots located ifl aaonjtirban area as defined by the lNeid_County:,Comprehensive Plan, notYadjacerlt.".to otherPUD's SUN ans tiaundaries ofa municipality or rban'grovvth corridors 2.14 Parking Requirement,S C, Ah parking and toading4reas within a PUDSshall comply. with, Section 41: of the Weld County: Zoning' Ordinance ,Afl parij ig andloading areas,shail be paved and striped,,,unless specfica►ly waN d„ by Weid MCous i, Public Works De.partmenty 2.15 PhaSirig7 A.FinarPlan"'may;, ieveigp rrt, liaSes in PuOlehasing. the construction of the development may occur within separate filings or fdri eYentite subdivision ;An°,Improvements Agreement is only required for the phase being;developedp`Within'-afiling;_adeveiopmedt"can consist f mu ofi.pie phases Sae alsoIhe ¢efinitiolof f ling •(2 8j• 2:6 Publicrldat r'e b1jC atetys ems"servsriatli 1D s:n;Z'dsttej"capablerofrrieetiag tats pin;,gki i tg dl •rds-ancf ve'gd egtfate` tOysi i-7.7 a Uuo„ly obillc lfa-tf srtgte j 1pon'Venver sasu 'gNifer ttaIMI=eauil=eotdItfcr3ipoiate' ntoi'a vetm i of suppimmmzEg eotwabte oteg sa„t .esztmgir Tvat€t ilpplie or kt� ftttu"i!e UrbarilatVeldDFpafit'Nodes A Site loCatibr -of co>•ic+e i'iiieVelbEtieti bcated'within'°a 114 f iile; ' fi tiiitithe,; ntersectioi ipf two'or ore roads-�,rj, a tateugiv, a y_ste'inaas'ldefined`in Attie Weld,`tCdd �titEComptellerta elilar1`and7Urt an"Gi2av th BoTi da pW/'1 "All' developmelite 'located witfii t] frtSan�cj `,p-t6Abmen. i, 3 lid- to'the�PtJDj, UiretrientS n hi 9r dine tr ce:and'ttie .. _ e'shallad "ere_ __ ._,- . regniretriefits` oh -croup C) i� arm 218 Urtiah' Scale -(e" e(p__n"e'DEF,j&-Iold entsyexpeedmig, ,lots a to located irCeic se. Foxirn g "p_ . ��a e istirig• ,UDatmu liivisioneMpicip ilbo daries; aor Urbei groWthfcomdors and'boundarie5 AjI urbanscaleddeVeloprs entsrshjall pave1ttie;ir temal road'systems oflwdeveidp it if 3 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. 220 yVatati iJfGe" ierigtc—vi`to- "' utracpa iiscicacialr a etvittrip n a irate titer tiPR aad3-evwcapIjaatterm ( Pl7Dlattg itainm-tcAmfnercial rfdlOrrdffttffal sans iall tie sew"tS - t9bli-s'e.1re .ra y ".S etp§ ` ` , 'l! Halt t sarfiferl t UBj I YV A?ER Vste' atictiv irk Treaotio fila t 1 dtxit la55sfausftla tiatl asstattet DaWaari cab c PrP at —a pl7tiiic,,- fanabfi Cc a is rid prnitacttofr kpUD at5p Act rertian it t o TagiCgadatintaaartealeittaalti S tle aOca PsUQ of "e . , C0143Watast antra a wilcirr7lrtOBEacrerd tiCaltp"r°allp a epartrTfen> tit Plaryc-- of ties atidtYhe'1Nersai yljealth„rDaparAcc all mama iy UD a-ppyiw tv<,eXceptwo eTtitib i "titer ejeeterreieeaf3t�e app oeoe trfeets ntehtbfttie;QUD fegulatigp a id staff ate Uirertr tt 4 10 3 PUD Application Procedures and Requirements ghl iff'eiitilMint jam, 1� I do i ati �f nte"i"r)eTits ettib: s° a "uideMap ilil~ d Leib- `- ' t -e.. r 'o i ec oirde erme's h_ e h step 'ev ev a st aPP: P II WiJ p 1�saiac"i __ Tlje P JA plgortal'rtyltc puller' alimitlaVecific o coriceptir`al D 11',� tC t e i G�ilid Oi OIMXt LE tep prt5eets lltbd foilooWdtitfelreMd41 Aiaplidatio1Pr s Tl m=s, tePyproceWirifi olving'4th gwiiig :Ul 1 picot -exam 3X31 `? Cwri9 sf, of Dompprr owil`ide subirnittaj ectficptvelo t pidg Pl ngote:ptua .. 0roo tGaide 33T3 Einatagi _. n ,as"distussed5in the" ec r Mme ammeters =' sed; u n' a �"" po eve .,:pme„�, ;Ul e'pPho , S tionZofthis P..41, a0ces e'ttcoPceptiA tiMPT r,Ir g s d ttfelEPD oeessiis is1plfdl)7s 77Aoproximate" Days 3 4.1 Sketch Plant Administi t'ive, 2eyiew , 451 3:4.2 Change of:Zo ie Planning Commission1evievit 6.0.;90 ,'_Specific Guide ...,a A BOGwc 3 iOlgt tWPIV, al '. Conceptual Guide w BO;GC Reviorgr d7A,,ppcoval, Final Plan: PAdministratiVe, RevievV Sp`ecifisrGi ide '" """' ROCegtmeurtetKOI ei .5 Co icePARI Pick 13O:CC- lid pproNal 0=90,7 TOTALlitvpecific Guide =:150.1,ppldays, g,po ceptuavGuide;� 65 '225jiays° 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. Geoiogi rrogpr itiinvestigatio epbits-tegardiri ea, suifabili for the, proposeStpUD DeVe ,p„ ent long vi,th thenaddipotiergpptopriateTtevievcr eeTas'tequ"ired by_theyC6iorado 5 b rdifdpiertiefleWI rfi ariiadrtl p�€eegiatiVelpf g o7orado clog[ f t3FV€ Di eta% 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 2:565 Ttie eoptee' f,publi ate r xtf an exception terfra five (5, lotrecj se residential 'VD ejgraateii fau the Departmeitiof larthfng asylces in aecei is e " nth Bettieff s eimte itliinenee the type ofwatereeerce! eptitievaterggystemevratelymperDpenyerLpepieyegotertevemse aci3uve,atld'utcorporatet tog' perm@nent suppiLplanaltemativejenewaple Water aoutces to erisrewate.r atQ'pplies forttie 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. 5:7 Ttre e icular;;cirnataUoh Systetri of IotakpollectoryandA ienal.streets ache general siaterfentsand"craws SOCtlbhs thogii'includea'Grldtt gftoadways: depth fila" e3nd asp?tait d€yi7ate ttimifigdadius," }tpa,'otXtirtace;; off ... _ slr`eetparq'�reas lrtduditrgliaiitlida„ppea stalls:anaJoadmgroaesniaj ppints,ttCOOSSItOV„,,ti( ghts o litaLy aildtlgtatibt0fyproposed;oWnersfi ofthecirdulat onrsystem dblSS,ot tavatedtTesign 5tandardsfo (streets are I,t'stedlitili µecti'o . 0 8bdivisiioh rdinance' and Ithe' MUD Prdj©a _ ld ₹ittltt71RoadVassfieaiions ie1rstednin,i*weIdCounty this i`uisiofrOrd n"aM 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 Soq ocnervatio , ittrict. 4.2.5.10 An indication regarding if any unique natural features exist within the proposed PUD. 4.2.5.11 An indication regarding if any commercial mineral deposits and oil and gas 6 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. Initial impact planTaddressing all;impacts"I,th, "�"s_1SEnnll have bn the proposed site and surrOundtnq (anq SE , listinq*bfpotential impacts Fis cited i Section- is rd nce 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, 4.3.1.1.8 Any irrigation ditch company with facilities on or adjacent to the parcel under consideration, 7 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. These 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. 4411x4 EwdencethatadelCiatnfiibiicyatetand: eWbrserviceViilt made'aVailable'iolthe ite;fo ¢efrSLtt e,'USES,:peTnt:tea ttij ttlgrPt6Pbsecl Up C t1fgtS tIXXteptiort asgp`een tapted by herDegartmehY'of P ahititnj er„ tWiti cco'idatIOLM h, Yocislo f#his nappe'r 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. 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. 8 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. 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 Major 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. 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 6.3.1.2.1.2 6.3.1.2.1.3 6.3.1.2.1.4 6.3.1.2.1.5 6.3.1.2.1.6 6.3.1.2.1.7 6.3.1.2.1.8 6.3.1.2.1.9 6.3.1.2.1.10 6.3.1.2.1.11 6.3.1.2.1.12 6.3.1.2.1.13 6.3.1.2.1.14 6.3.1.2.1.15 6.3.1.2.1.16 Noise and Vibration Smoke, Dust and Odors Heat, Light and Glare Visual/Aesthetic Impacts Electrical Interference Water Pollution Waste Water Disposal Wetland Removal Erosion and Sedimentation Excavating, Filling and Grading Drilling, Ditching and Dredging Air Pollution Solid Waste Wildlife Removal Natural Vegetation Removal 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 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 tract 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 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. 6.3.4 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. 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 association will be established before any residences are sold, 6.3.5.2.3 Membership in the association is mandatory for each residence owner, 6.3.5.2.4 The homeowners association is responsible for liability insurance, taxes, and maintenance of open space, recreational and other facilities, 6.3.5.2.5 The association 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 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. 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 quality 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. 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 Sign 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 Desiqn 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. 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. 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. 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 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. 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. 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: 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, 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 Phasinqs of a Final Plan - A Final Plan may develop in filings and phases 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. 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. 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. 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 Set a Board of County Commissioner meeting date not less than forty-five (45) days no more sixty (60) days after the complete application has been submitted. 7.4.2.1.3 Prepare a staff recommendation for the Board of County Commissioners' addressing all aspects of the Final Plan application. Planning staff recommendations will also determine 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. 7.4.2.3Arrange 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. 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. 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. 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. 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. 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 Requestinq Redesign: The County Planning Commission or governing body 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. If the applicant redesigns the planned unit development in accordance with the request, no further redesign shall be required unless necessary to comply with a duly adopted county resolution, ordinance, or regulation. 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. 9 PUD Mapping Requirements 9.1 Sketch Plan Map 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 (Y% ) 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 ('/s) mile of the boundaries of the PUD. 9.2 Change of Zone and Final Plat Map 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: 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 date of the drawing with adequate space for revision dates. 9.2.1.6 The boundary area of proposed zone districts for the Change of Zone plat. 9.2.1.7 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. 9.2.1.8 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. 9.2.1.9 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. 9.2.1.1oThe location and description of any FLOOD HAZARD, GEOLOGIC HAZARD, or airport overlay districts. 9.2.1.11 The following certificate blocks shall appear on the PUD Change of Zone plat: 9.2.1.11.1 Property Owner's certificate 9.2.1.11.2 Surveyor's certificate 9.2.1.11.3 Planning Commission certificate 9.2.1.11.4 Board of County Commissioners certificate 9.2.1.12The following certificate blocks shall appear on the PUD Final plat: 9.2.1.12.1 Property Owner's certificate 9.2.1.12.2 Surveyor's certificate 9.2.1.12.3 Board of County Commissioners certificate 9.2.1.13A 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. 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. Hello