County approves Pine Tree Meadows preliminary plan and defers district inclusion until final plat

Douglas County commissioners on Sept. 23 approved the Pine Tree Meadows preliminary plan for a 136‑lot residential subdivision and granted an appeal under Zoning Resolution section 18a to defer formal inclusion in the Pinery Water and Wastewater District until the final‑plat stage, subject to conditions.

Why it matters: The preliminary plan advances a 39.5‑acre residential project in the Pinery separated urban area that was carried through the county92s PD (planned development) approval in 2023. County rules generally require water‑district inclusion at the preliminary‑plan stage; the applicant sought an 18a appeal so inclusion can occur at final plat after coordination with the district, which staff and the Planning Commission found acceptable with a condition requiring formal inclusion prior to the final‑plat hearing.

Project and staff summary: The proposed plan keeps the western half of the site as open space within the Cherry Creek floodplain and concentrates residential lots east of the floodplain. The development includes a 20‑foot landscape buffer adjacent to existing Pinery subdivisions and a mix of detached single‑family, cluster detached and duplex lots; lot sizes meet or exceed minimum PD standards. Staff listed ten conditions for preliminary‑plan approval, including payment of park and school cash‑in‑lieu fees, establishment of either an HOA or metro district to own and maintain 11 tracts, required inclusion in the Pinery Water and Wastewater District prior to final plat recordation, and studies for wildlife (burrowing owl) and archaeology/paleontology as needed.

Appeal rationale and timing: The applicant told the board Piney Water and Wastewater would not accept formal inclusion as early as the preliminary‑plan stage; staff confirmed the district process was underway and Planning Commission recommended approval of the appeal 9‑8. The Board's condition requires evidence of district inclusion prior to the final‑plat Board hearing.

Public comment and environmental considerations: Referral and public comments focused on compatibility with the Pinery, fencing, two‑story homes near the existing neighborhood, and potential impacts to wildlife. Staff included conditions requiring distribution of Colorado Parks and Wildlife literature to homebuyers and a burrowing‑owl survey if earth‑moving occurs between March 15 and Oct. 31.

Board action and next steps: The Board approved the appeal with the condition that district inclusion documentation be provided before the final‑plat hearing, and it approved the preliminary plan with the 11 staff conditions. The applicant will continue inclusion proceedings with the Pinery Water and Wastewater District and return to the county for final‑plat approval after satisfying the listed conditions.

Ending: Approval moves the project to the final‑plat stage, but formal water‑district inclusion and satisfaction of pre‑recordation conditions remain prerequisites to plat recordation and development.