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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 Intent of the Planned Unit Develooment- The Planned Unit Development (PUD)
is intended to allow an alternative method for property owners and developers to
apply flexibility in developing land. This flexibility is generally not possible under the
normal application of the Zoning and Subdivision Ordinances. The objectives of a
PUD are to:
1.1 Encourage innovations in residential, commercial and industrial development so that
the growing demands of the population may be met by greater variety in type, design,
and layout of buildings and by the conservation and more efficient use of open space
in the development;
1.2 Provide for well-located, clean, safe and pleasant commercial, industrial and
residential developments involving a minimum strain on transportation facilities;
1.3 Ensure that the provisions of the zoning laws which direct the uniform treatment of
dwelling type, bulk, density and open space within each zoning district will not be
applied to the improvement of land by other than lot-by-lot development in a manner
which would distort the objectives of the zoning laws;
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1.4 Encourage a more efficient use of land and economic provisions of public and private
services to reflect changes in land development so that results may benefit the
community as a whole;
1.5 Provide for necessary services and amenities conveniently located in proximity of
residential developments;
1.6 Conserve the value of the land;
1.7 Encourage preservation of the site's natural characteristics and scenic features
through development provisions which relate the type, design and layout of
residential, commercial and industrial development to the particular site;
1.8 Encourage flexibility and variety in development while promoting the most efficient
USE of the land;
1.9 Improve the design, character and quality of development while encouraging
development to incorporate the best features of modern design;
1.10 Ensure compatibility with the Weld County Comprehensive Plan#147, Weld County
Zoning Ordinance#89, Weld County Subdivision Ordinance#173, the Weld County
Mixed Use Development Plan Ordinance#191 and any applicable Intergovernmental
Agreement, if applicable; and
1.11 Encourage integrated planning in order to achieve the above purposes.
1.12 The PUD Zone District is not intended to be used to circumvent or distort the policies
and objectives of the Weld County Comprehensive Plan #147, Weld County Zoning
Ordinance#89, Weld County Subdivision Ordinance #173 and Weld County Mixed
Use Development Plan Ordinance #191. Weld County is authorized to regulate
Planned Unit Developments by Section 24-67-101 et. seq., Colorado Revised
Statues.
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.
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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 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
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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 Landscaoina 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.
2.11 Mixed Use Development Area - All development located within the MUD area, as
delineated on the MUD Structural Map 2.1, shall be subject to the additional
development criteria as indicated in the MUD Ordinance#191.
2.12 Monuments: Permanent reference monuments shall be set on the Planned Unit
Development according to the Subdivision Ordinance and Section 30-51-101, et seq.,
of the Colorado Revised Statues.
2.13 Non-Urban Scale Development- Developments comprising of five or less residential
lots, located in a non-urban area as defined by the Weld County Comprehensive Plan,
not adjacent to other PUD's, subdivisions, municipal boundaries or urban growth
corridors. Non-Urban Scale Development on public water & septic systems shall
have a minimum lot size of one (1) acre and an overall density of two and one-half(2
'h) acres per septic system. Non-Urban Scale Development proposing individual,
private wells and septic systems shall have a minimum lot size of two and one-half
(2 'A) acres per lot. A Non-Urban Scale PUD preserving a minimum 80-acre
agricultural out-lot may be located adjacent to other Non-Urban Scale PUD's which
also preserve a minimum 80-acre agricultural out-lot.
2.14 Parking Requirements -All parking and loading areas within a PUD shall comply with
Section 41 of the Weld County Zoning Ordinance. All parking and loading areas shall
be paved and striped, unless specifically waived by Weld County Public Works
Department.
2.15 Phasing - A Final Plan may develop in phases within a PUD. Phasing the
construction of the development may occur within separate filings or for the entire
subdivision. An Improvements Agreement is only required for the phase being
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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 regulations, (Colorado Primary Drinking Water
Regulations) and have adequate provisions for a 300-year supply of water. Public
Water systems which rely upon Denver Basin aquifers shall also acquire and
incorporate into a permanent supply plan alternative renewable water sources to
ensure water supplies for the future.
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 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.
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3 PUD Application Procedures and Reauirements
3.1 Intent - The intent of the application procedures and requirements section is to guide
the applicant in preparing a complete and thorough application. This section
describes the three-step review and approval process of the PUD application process.
3.2 The PUD process provides the applicant the opportunity to either submit a specific or
conceptual Development Guide. Based upon the Development Guide choice, the
three step process will be followed with different processing options.
3.3 Application Process
3.3.1 The PUD is a three-step process involving the following:
3.3.1.1 Sketch Plan
3.3.1.2 Change of Zone -Development Guide Submittal
- Option 1: Specific Development Guide
- Option 2: Conceptual Development Guide
3.3.1.3 Final Plan
3.4 Time Parameters - Based upon the Development Guide option, as discussed in
Section 6 of this Ordinance, the conceptual time parameters for the PUD process is
as follows:
Aanimate Days
3.4.1 Sketch Plan: Administrative Review 45
3.4.2 Change of Zone: Both options require: 60-90
* Specific Guide Planning Commission Review &
* Conceptual Guide BOCC Review and Approval
3.4.3 Final Plan:
* Specific Guide Administrative Review 45
* Conceptual Guide BOCC Review and Approval 45-60
TOTAL: Specific Guide 150-180 days
Conceptual Guide 150-195 days
4 PUD Sketch Plan - Step One
4.1 Intent- The sketch plan is intended to give the applicant the opportunity to prepare
a plan which depicts the proposed USES on the site and addresses the impact of
those USES on surrounding properties.
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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.
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 it shall adhere to Section 3.5 of
this Ordinance. The public water system shall also incorporate a permanent supply
plan with alternatives for renewable water sources to ensure water supply for the
future.
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
statement and cross section should include: width and depth of roadways, type of
surface, off-street parking areas, loading zones, major points of access to public
rights-of-way, and notation of proposed ownership of the circulation system, public or
private. Design Standards for streets are listed in the Subdivision Ordinance and
Ordinance #191. Weld County Road classifications are listed in the Weld County
Comprehensive Plan.
4.2.5.8 A statement describing how the applicant intends to handle the storm water drainage
on the site.
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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,
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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.
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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.
PUD Change of Zone - Stec) 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.
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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.
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.
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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;
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 Noise and Vibration
6.3.1.2.1.2 Smoke, Dust and Odors
6.3.1.2.1.3 Heat, Light and Glare
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6.3.1.2.1.4 Visual/Aesthetic Impacts
6.3.1.2.1.5 Electrical Interference
6.3.1.2.1.6 Water Pollution
6.3.1.2.1.7 Waste Water Disposal
6.3.1.2.1.8 Wetland Removal
6.3.1.2.1.9 Erosion and Sedimentation
6.3.1.2.1.10 Excavating, Filling and Grading
6.3.1.2.1.11 Drilling, Ditching and Dredging
6.3.1.2.1.12 Air Pollution
6.3.1.2.1.13 Solid Waste
6.3.1.2.1.14 Wildlife Removal
6.3.1.2.1.15 Natural Vegetation Removal
6.3.1.2.1,16 Radiation/Radioactive Material
6.3.1.2.1.17 Drinking Water Source
6.3.1.2.1.18 Traffic Impacts
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
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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 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 public sewer system, a statement from the representative of the provider
of the sewer system utility which demonstrates that the disposal system will
adequately serve the USES within the development.
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
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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 omamental 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.
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.
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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 organization will be established before any residences are sold,
6.3.5.2.3 Membership in the organization is mandatory for each residence owner,
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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.
6.3.5.2.7 All PUD's containing a residential element shall provide for a 15% common open
space allocation, unless otherwise stated in the MUD Ordinance. Departure from this
standard will be considered and may be approved by the Department of Planning
Services' staff as long as the intent of this Ordinance and the MUD Ordinance have
been met.
6.3.5.3 Duties of the Department of Planning Services
6.3.5.3.1 The Department of Planning Services will be responsible for evaluating the Open
Space Usage of the PUD for compatibility with the Zoning Ordinance, Subdivision
Ordinance, COMPREHENSIVE PLAN, and the MUD Ordinance, if applicable.
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6.3.5.3.2 The applicant shall provide a statement detailing how any common open space will
be owned, preserved, and maintained in perpetuity. As needed, the Planning
Commission or its representative shall compare the development to date with the
approved construction plan to determine compliance, as follows:
6.3.5.3.2.1 The construction and provision of all COMMON OPEN SPACE, public utilities, and
recreational facilities as shown in the application materials and all subsequent plans
shall proceed at a rate which is no slower than the construction of residential,
commercial or industrial BUILDINGS and STRUCTURES.
6.3.5.3.2.2 The applicant shall submit an on-site improvements agreement setting forth a plan
providing for the installation, permanent care and maintenance of open spaces,
recreational areas and commonly owned facilities and parking lots. The same shall
be submitted to the County Attorney and shall not be accepted until approved as to
legal form ana effect.
6.3.6 Component Six -- Signage
6.3.6.1 Intent Signage has become an increasing issue in Weld County. While signs serve
as important directional, informational and advertising tools, the clustering of signs
may obscure the landscape and confuse and distract drivers. The following signage
controls are intended to protect and preserve the visual corridors of the roadways
within Weld County while preventing the obstruction of traffic visibility and confusion
from improperly placed and designed signs. These provisions control the magnitude,
placement and number of signs in the PUD Zone District.
6.3.6.2 Duties of the Department of Planning Services
6.3.6.2.1 The Department of Planning Services' staff shall insure that the intent of this
Ordinance is carried out through the following sign regulations:
6.3.6.2.1.1 Sign District Regulations (6.3.6.3.1) of this Ordinance;
6.3.6.2.1.2 Sign Construction Standards (6.6.3.2) of this Ordinance:
6.3.6.2.1.3 Design Provisions and Requirements (6.6.3.3) of this Ordinance;
6.3.6.2.1.4 Non-permitted Signs (6.6.3.4) of this Ordinance, and
6.3.6.2.1.5 Nonconforming Signs (6.6.3.5) of this Ordinance.
6.3.6.2.2 The Department of Planning Services` staff shall supply to the applicant written
findings regarding non-adherence to the sign regulations of this Ordinance.
6.3.6.3 Sign District Regulations
6.3.6.3.1 Signage within a PUD shall adhere to all requirements in this Ordinance, the Zoning
Ordinance and the MUD Ordinance, if applicable.
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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 Desian 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,
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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 Sions 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
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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.
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6.3.8 Component Eiaht - 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 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 Plannina 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.
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6.4.2.4 Give notice for the proposed Change of Zone and the public hearing date to those
persons listed in the application as owners of property located within five hundred
(500) feet of the parcel under consideration, and owners and lessees of the mineral
estate on or under the parcel under consideration. Such notification shall be mailed,
first class, not less than fifteen (15) days before the scheduled public hearing. Such
notice is not required by Colorado State Statute and is provided as a courtesy to the
owners and lessees of the mineral estate on or under the parcel. Inadvertent errors
by the applicant in supplying such list or the Board of County Commissioners in
sending such notice shall not create a jurisdictional defect in the hearing process even
if such error results in the failure of a surrounding property owner or owners and
lessees of mineral estates to receive such notification.
6.4.2.5 The Department of Planning Services shall post a sign for the applicant on the
property under consideration for a Planned Unit Development rezoning. The sign
shall be posted adjacent to and visible from a publicly maintained road right-of-way.
In the event the property under consideration is not adjacent to a publicly maintained
road right-of-way, one sign shall be posted at the point at which the driveway (access
drive) intersects a publicly maintained road right-of-way. The sign shall be posted at
least fifteen (15) days prior to the hearing.
6.4.2.6 Prepare a staff recommendation for use by the Planning Commission addressing all
aspects of the application. Planning staff recommendations will determine if:
6.4.2.6.1 The proposal is consistent with the Comprehensive Plan, MUD Ordinance if
applicable, any Intergovernmental Agreement in effect influencing the PUD, and the
Weld County Zoning and Subdivision Ordinances.
6.4.2.6.2 The USES which would be allowed in the proposed PUD will conform with the
Performance Standards of the PUD Zone District contained in Section 2, of this
Ordinance.
6.4.2.6.3 The USES which would be permitted shall be compatible with the existing or future
development of the surrounding area as permitted by the existing zoning, and with the
future development as projected by the Comprehensive Plan or Master Plans of
affected municipalities.
6.4.2.6.4 The PUD Zone District shall be serviced by an adequate water supply and sewage
disposal system in compliance with the Performance Standards in Section 2 of this
Ordinance.
6.4.2.6.5 The STREET or highway facilities providing access to the property are adequate in
functional classification, width, and structural capacity to meet the traffic requirements
of the USES of the proposed PUD Zone District.
6.4.2.6.6 An off-site road improvements agreement and an on-site improvements agreement
proposal is in compliance with the Weld County Subdivision Ordinance, as amended,
and a road improvements agreement is complete and has been submitted, if
applicable.
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6.4.2.6.7 There has been compliance with the applicable requirements contained in the Zoning
Ordinance regarding overlay districts, commercial mineral deposits, and soil
conditions on the subject site.
6.4.2.6.8 Consistency exists between the proposed Zone District(s), USES and the Specific or
Conceptual Development Guide.
6.4.3 Duties of the Planning Commission: The Planning Commission shall recommend
approval of the application only if it finds that the applicant has met the applicable
requirements or conditions of this Ordinance and supplementary district regulations
and overlay restrictions in the Zoning Ordinance.
6.4.3.1 The applicant has the burden of proof to show that the standards and conditions of
Sections 6.4.3.1.1 through 6.4.3.1.8 are met.
6.4.3.1.1 That the proposal is consistent with the Comprehensive Plan, MUD Ordinance if
applicable, any Intergovernmental Agreement in effect influencing the PUD, and the
Weld County Zoning and Subdivision Ordinance.
6.4.3.1.2 That the USES which would be allowed in the proposed PUD will conform with the
Performance Standards of the PUD Zone District contained in Section 2 of this
Ordinance.
6.4.3.1.3 That the USES which would be permitted shall be compatible with the existing or
future development of the surrounding,area as permitted by the existing zoning, and
with the future development as projected by the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities.
6.4.3.1.4 That the PUD Zone District shall be serviced by an adequate water supply and
sewage disposal system in compliance with the Performance Standards in Section
2 of this Ordinance.
6.4.3.1.5 That STREET or highway facilities providing access to the property are adequate in
functional classification, width, and structural capacity to meet the traffic requirements
of the USES of the proposed PUD Zone District.
6.4.3.1.6 In the event the STREET or highway facilities are not adequate, the applicant shall
supply information which demonstrates the willingness and financial capacity to
upgrade the street or highway facilities in conformance with the Transportation
Section of the COMPREHENSIVE PLAN, Subdivision Ordinance, and the MUD
Ordinance, if applicable. This shall be shown by submitting, with the PUD district
application, a separate proposal for on-site and off-site improvement agreements.
This proposal shall describe, in detail, the type of on-site improvements in compliance
with Section 12 of the Subdivision Ordinance and off-site road improvements in
compliance with Section 13 of the Subdivision Ordinance, to determine if the
requirement for STREET or highway facilities providing access to the property has
been satisfied. The method of guarantee shall conform with Weld County's policy
regarding Collateral for Improvements.
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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.
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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.
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6.4.4.6.9 Upon the Board making its final decision, a resolution selling 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 Phasings 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 Reauirements 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.
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.
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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.
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.
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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
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County. The authority and responsibility for approval and denial of a Final Plat
application rests with Weld County. The referral agencies include those listed in
Section 4.3.1.1.1 of this Ordinance.
7,4.2.1.2 The planner shall review the Final Plan application and approve or conditionally
approve, the application if the applicant has demonstrated compliance with Sections
7.4.3.1 through 7.4.3.8 of this Ordinance.
7.4.2.2 In the event that the Department of Planning Services determines that the Final Plan
submittal is not consistent with the previous Sketch Plan and Change of Zone
submittals, and/or a Conceptual Development Guide was submitted for the Change
of Zone application, the planner shall:
7.4.2.2.1 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
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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.
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 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.
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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.
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
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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 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
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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
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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 Requesting Redesign: The Board of County Commissioners may request redesign
of all or any portion of a planned unit development submitted for approval, but any
such request shall include specific, objective criteria.
8.14 Nothing in this Ordinance shall be construed to preclude a county from taking any
action permitted by law based on the consideration of the rights and privileges of the
owners of subsurface mineral interests and their lessees pursuant to section 30 28
133(10), CRS.
8.15 Any required public hearing on any PUD shall be conducted expeditiously and
concluded when all those present and wishing to testify have done so. No public
hearing shall continue for more than forty days from the date of commencement
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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 Mannino 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.
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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.
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 (Y) mile of the boundaries of the PUD.
9.2 Change 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
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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 depth, and access to public
right-of-way.
9.2.1.10 The location of any existing easements, rights-of-way, structures, and USES within
the PUD development including, oil wells, tank batteries, irrigation ditches, water
bodies, railroad tracks or dwellings.
9.2.1.11 The location and description of any FLOOD HAZARD, GEOLOGIC HAZARD, or
airport overlay districts.
9.2.1.12 The following certificate blocks shall appear on the PUD Change of Zone plat:
9.2.1.12.1 Property Owner's certificate
9.2.1.12.2 Surveyor's certificate
9.2.1.12.3 Planning Commission certificate
9.2.1.12.4 Board of County Commissioners certificate
9.2.1.13 The following certificate blocks shall appear on the PUD Final plat:
9.2.1.13.1 Property Owner's certificate
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 of 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 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.
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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 Mao Reauirements: 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
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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.
9.4.1.2.4.7 Storm drainage design computations 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.
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The above and foregoing Ordinance Number 197 was, on motion duly made and
seconded, adopted by the following vote on the 12th day of January, A. D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
I 'UCIAT Constance L. Harbert. Chair
un rk to the Board j
IU l il y/9
W. Ht ebster, Pr m
�
- , - - � Jerk to the Board
orge E. Baxter •
APPROVE AS TO FORM: K___I
Dale K. Hall
2 i
/
untyAttor y ._
.Barbara J. Kirkmeyer
Notice Published: October 23, 1997
First Reading: November 3, 1997
Publication: November 6, 1997
Second Reading: November 24, 1997, continued to December 15, 1997
Publication: December 31, 1997
Final Reading: January 12, 1998
Publication: January 21, 1998
Effective: January 26, 1998
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