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Home My WebLink About20101462.tiff • NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter,Ordinance Number 2010-1 was introduced on first reading on July 12, 2010, and a public hearing and second reading was held on August 4, 2010. A public hearing and final reading was held on August 23, 2010, and completed on February 23, 2011, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2010-1 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 26 RUA, OF THE WELD COUNTY CODE EFFECTIVE DATE: March 14, 2011 • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 4, 2011 PUBLISHED: March 9, 2011, in the Fort Lupton Press • PROOF OF PUBLICATION • FORT LUPTON PRESS STATE OF COLORADO COUNTY OF WELD SS. I, Allen Messick, do solemnly swear that I am the Publisher of the Fort Lupton Press that the same is a weekly NOTICE OF FINAL READING I OF ORDINANCnewspaper printed and published in the County of Weld, State of Colorado, and has ageneral circulation therein; Pursuant to the Weld County Home Rule Charter, Ordinance Number that said newspaper has beenpublished continuously and 2010-1 was introduced on first reading on July 12, 2010, and a uninterruptedly in said county of Weld for a period of more public hearing and second reading was held on August 4,2010.A public than fifty-two consecutive weeks prior to the first hearing and final reading was p held publication of the annexed legal notice or advertisement; on August 23°'2011,cowit'tno that said newspaper has been admitted to the United change being made to the text of said Ordinance,and on motion duly States mails as second-class matter under the provisions made and seconded,was adopted Effective date of said Ordinance is of the act of March 3, 1879, or any amendments thereof, listed below. Any backup material, i exhibits or information previously and that said newspaper is a weekly newspaper duly submitted to the Board of County ualified for publishing legalnotices advertisements commissioners concerning this q 9 and matter may be examined in the within the meaning of the laws of the State of Colorado. �cryof�mmle Clerk ei Board d of That the annexed legal notice or advertisement was the Weld County Centennial Center, 915 published in the regular and entire issue of every number Colorado,betwStreeteen the Third hours of Greeley,:00 of said weekly newspaper for the period of ONE Friday and r may be be accessed through consecutive insertion(s); and that the first publication of the Weld County Web Page(www. co.weld.co.us): E-Mail messages said notice was in the issue of newspaper, dated 9th day sent to an individual Commissioner may not be included in the case file. of MARCH 2011, and the last on the 9th day of MARCH To ensure Inclusion of your E-Mail 2011 correspondence into the case file, i� please send a copy to egesick@ co.weld.co.us. - / r ORDINANCE NO. 2010-1 • ORDINANCE TITLE: IN THE MATTER OF REPEALING Publisher, Subscribed afSd s orn before me, this 4_4 AMTH AND DNOMREEN CHAPTER W TER 22 day of, MARCH 2011 COMPREHENSIVE PLAN AND CHAPTER 26 RUA,OF THE WELD _ COUNTY CODE V l-� EFFECTIVE DATE: • March 14, otary ublic. 2011 BOARD OF COUNTY COMMISSIONERS ��C' WELD COUNTY,COLORADO j DATED: March 4,2011 /) PUBLISHED: March 9,2011,in the - i ttf Fort Lupton Press ul, � P-1 p 9 t „ : tom 0r C o;°/ My Commission Expires : D',\ k 0 0 • NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2010-1 was introduced on first reading on July 12, 2010, and a public hearing and second reading was held on August 4, 2010, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on August 23, 2010. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2010-1 . ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 26 RUA, OF THE WELD COUNTY CODE DATE OF NEXT READING: August 23, 2010, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 6, 2010 PUBLISHED: August 12, 2010, in the Windsor Beacon Account#: 346067 Yrwr Local Newspaper Since 1896 a Windsor Beacon _-NOME OF .ORADO ) SECOND READING OF ORDINANCE )ss:AFFIDAVIT OF PUBLICATION Pursuant to the Weld County Home Rule Charter,Ordnance Number 2010-1 was introduced on first reeding on July 12,2010,and a pubic'ELD ) hearing and second reading was held on August 4, 2010, with no change being made to the text of said Ordinance. A public heating and. third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room,915 10th Street,Greeley,Colorado 80631,on August 23,ing of said Ordinance 0. Al arrer quested t any o attendar nd matey ce ha next ;cho Villa , being duly sworn, deposes and says that said is the legal clerk of the Please contact the Clerk to the Board's Office at phone(970) 336- '; that the same is a weekly newspaper of general circulation and printed and 7215,Extension 4225,or fax(970)352 0242,prior to the day of the hearing if,as a result of a disability,you require reasonable accommo- town of Windsor, in said county and state; that the notice or advertisement, of dations In order to participate in this hearing. Any backup material,exhibits or information previously submitted to the%d is a true copy,has been published in said weekly newspaper for Board of County Commissioners conceming this matter may be exam- ined in the office of the Clerk to the Board of County Commissioners, • located in the Weld County Centennial Center,915 10th Street,Third., Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m.,Monday the.'Friday,or may be accessed through the Weld Coun- ty published in the regular and entire issue of every number of said newspaper Web Page(www.co.weld,co.us). E-Mal messages sent to an Ind- as g vdual Commadoner may not be Included in the case lIe, To ensure in- and time of publication of said notice, and in the newspaper proper and not in a clusbn of your E-Mail correspondence into the case lie,please send a copy toegesick®co.wed.co.us. eof; that the first publication of said notice was contained in the issue of said ORDINANCE NO. 2010-1 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 22 COMPREHENSIVE PLAN,AND CHAPTER 26 RUA,OF THE WELD COUNTY CODE jay,August 12,2010 DATE OF NEXT READING: August 23,2010,at 9:00 am. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED: August 6,2010 ication thereof was contained in the issue of said newspaper on PUBLISHED: August 12,2010,in the Windsor Beacon 0034163253 day,August 12,2010 • that said Windsor Beacon has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk `\��p�OOOPN/ //WY C /,/ Subscribed and sworn to before me,within the County of Weld, State of Colorado this �.% p\••••-••• •••G14.�ij Thursday,August 12,2010 c.i. pT11 •O% / Z N -y •O•'Ng-My Commission expires: ow /D 9 3 0/t/ tl'�•. '°UBL‘� .'Oa �� 0�� r •l' •PQ�� Notary' blic 'eaF 00040 • Legal No.0034163253 Delivered to: Invidce Text NOTICE OF SECOND READING OF ORDINANCE • ORD 2010-1 WELD COUNTY CLERK TO THE BOARD, 915 10TH ST - Affidavit Prepared GREELEY,CO 80631-1117 Thursday,August 12,2010 8:19 am • WELD COUNTY CODE ORDINANCE 2010-1 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 26 RUA, OF THE WELD COUNTY CODE 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, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS,the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein, and WHEREAS, Section 22-1-150.B.12 of the Weld County Code provides standards for review of the creation of a Regional Urbanization Area (RUA), and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those • present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 22-1-150.6.5 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 21-1-150.B.12 of the Weld County Code as follows: a. Section 22-1-150.B.12.a - "The existing Comprehensive Plan is in need of revision as proposed." b. Section 22-1-150.B.12.b - "Social, economic or land use conditions of the County have changes, if applicable, that would support amending the Comprehensive Plan." c. Section 22-1-150.6.12.c- "The proposed amendment will be consistent with existing and future goals, policies and needs of the County" d. Section 22-1-150.6.12.d - "In the case of any amendment to the Regional Urbanization Area:" 1) Section 22-1-150.B.12.d.1 -"The proposed amendment inclusion into • the Regional Urbanization Area Land Use Map or modification to the existing land use classification as outlined on the Regional Urbanization Area Land Use Map has one-sixth (1/6) contiguity with the existing Regional Urbanization Area Land Use Map boundary." • 2) Section 22-1-150.B.12.d.2 - The proposed amendment will address the impact on existing or planned service capabilities, including but not limited to, all utilities, infrastructure, storm water infrastructure and transportation systems. 3) Section 22-1-150.B.12.d.3-"The proposed amendment will address impacts on the natural environment" 4) Section 22-1-150.B.12.d.4 - "The proposed land use is compatible with the existing and surrounding land uses." 5) Section 22-1-150.B.12.d.5-"The proposed number of new residents will be adequately served by the social amenities, such as schools and parks of the community" 6) Section 22-1-150.B.12.d.6 - "Local, accessible employment opportunities exist, and there is an integrated balance of housing and employment" 7) Section 22-1-150.B.12.d.7 - "The proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable." 8) Section 22-1-150.B.12.d.8 - "Referral agency responses have been • received and considered." e. Section 22-1-150.B.12.e - "In the case of any proposed new Regional Urbanization Area:" 1) Section 22-1-150.B.12.e.1 - "The proposed amendment includes a diversity of land uses and will address the impact on existing or planned service capabilities, including but not limited to all utilities, infrastructure, storm water infrastructure and transportation systems." 2) Section 22-1-150.B.12.e.2 - "In the case of any proposed new Regional Urbanization Area, the proposed amendment will address impacts on the natural environment." 3) Section 22-1-150.B.12.e.3 - "In the case of any proposed new Regional Urbanization Area, the proposed land use is compatible with the existing and surrounding land uses." 4) Section 22-1-150.B.12.e.4 - "In the case of any proposed new Regional Urbanization Area, the proposed number of new residents will be adequately served by the social amenities, such as schools and parks of the community." 5) Section 22-1-150.B.12.e.5 - "In the case of any proposed new • Regional Urbanization Area, local, accessible employment opportunities exist, and there is an integrated balance of housing and employment." • 6) Section 22-1-150.B.12.e.6 - "In the case of any proposed new Regional Urbanization Area, the proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable." 7) Section 22-1-150.B.12.e.7 - "In the case of any proposed new Regional Urbanization Area, referral agency responses have been received and considered." NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 26 RUA Add the following: Article IV Dry Creek RUA Sec. 26-4-10. Development Standards. A. A framework plan for the Dry Creek Regional Urbanization Area (RUA) is established to provide a foundation and general guidance to enable the County and its citizens to make appropriate decisions regarding future development within the specified geographical area. It • represents a vision of what the Dry Creek RUA could look like over the next 20 years and is supported by specific land use goals and policies. The following sections outline the framework plan and how it will be used to guide future growth in the Dry Creek RUA. B. The proposed Dry Creek RUA is located in one of the fastest growing areas of both Weld County and the Denver Metro Area, near the developing growth areas of the 1-25 and U.S. Highway 85 corridors. Surrounding municipal populations are increasing quickly, and employment and retail opportunities are moving to the area at an accelerated rate. The Dry Creek RUA is an effort to ensure that future development is compatible with the existing and future character of the region. Future development shown in Appendix 26-S Dry Creek RUA Map will conform with the goals and policies outlined in this section, as well as all policies and regulations found in Chapter 22 (Weld County Comprehensive Plan), all zoning and subdivision regulations, and all other applicable portions of the Weld County Code. Sec. 26-4-20. Intent. The intent of the Dry Creek Framework Plan and resultant Goals and Policies is to expedite the planning review process by clearly outlining the expectations for future development within the area. To this end, the principles defined in the Framework Plan and Goals and Policies seek to ensure that new development is consistent with the County's overall vision,the surrounding context, and in accordance with general RUA Goals and Policies outlined in the Weld County Comprehensive Plan. The framework plan and Goals and Policies within this application are intended to be specific and clear enough to guide development, but not to preclude creative design solutions. The Dry Creek RUA seeks to create an integrated community that balances development with riparian corridors, oil and gas production, and the site's agricultural heritage. The framework • plan seeks to ensure that future RUA development fits into the contextual character and planning efforts of the surrounding area while creating an attractive living and working community. Sec. 26-4-30. Maximum Work and Living Population. • Appendix 26-C outlines the maximum number of people who are projected to live and work in the RUA and the maximum non-residential uses. The projected population of the Dry Creek RUA is between 6,500 and 19,700 people and between 2,200 and 6,600 dwelling units. Non-residential uses in the RUA are projected to be between 66,000 sq.ft. of Gross Floor Area(GFA)and 187,000 sq. ft. of GFA. These non-residential uses include, but are not limited to, small neighborhood retail and civic uses. These uses are projected to employ between 130 and 373 people (exclusive of school employment). Including school employment, between 218 and 605 people would work within the RUA, as currently projected. Sec. 26-4-40. Service and School Provisions. Appendices 26-B and 26-O outline the agencies that will provide services and education and the Dry Creek RUA school facilities requirements. Around 20% of the Dry Creek RUA is within Brighton 27J School District; 80% of the boundary is within Fort Lupton Weld County 8. The RUA population projections would justify approximately three (3) K-8 schools and one (1) high school. The general locations of these schools are depicted in Appendix 26-S Dry Creek RUA Map and are generally located along Weld County Road 4,which is envisioned to be a green parkway linking Big Dry Creek with the Brantner Irrigation Ditch to the east. Sec. 26-4-50. Dry Creek RUA Generalized Planned Land Use Categories. A. The goal of the overall Dry Creek RUA Framework Plan structure land use categories is to establish a harmonious design that protects and enhances the value and character of surrounding land uses by attracting clean and non-polluting land uses to the community and minimizing obstruction of the view of others through the careful use of perimeter landscaping, screening, and buffering.The goal is also to discourage development in hazard areas where a significant risk to life and property exist, such as in areas of floodplain, • geologic hazard, unstable soils, undermined areas, and steep slopes. B. General Planned Land Uses. In the Dry Creek RUA, land use is grouped into four land use categories. These categories are conceptual and not intended to create vested property rights in the continuation of any particular use, district, zoning classification, or any permissible activity therein. The Land Use categories are as follows 1. Mixed Use Neighborhoods 2. Suburban Neighborhoods 3. Estate Neighborhoods 4. Limiting Site Factors Each land use category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are delineated in the RUA Framework Plan and are correlated to the generalized zone districts, as defined in Chapter 23 of Weld County Code as noted below. In all cases, Chapters 23, 24, and 27 should be consulted for clarification of specific requirements. C. Mixed Use Neighborhoods. The goal of Mixed Use Neighborhoods within the Dry Creek RUA is to create higher density nodes proximate to major regional arterials that provide convenience goods and services for residents of the immediate area. Mixed Use Neighborhoods should be linked to transportation networks but minimize traffic and parking issues for the adjacent residents,while promoting compatibility between the commercial and nearby residential areas. 1. POLICIES: • a) Higher Density Nodes: Mixed Use Neighborhoods are intended to provide a safe, proximate,and higher density activity areas offering convenience goods and services to residents of surrounding neighborhoods. Environmental and service-related impacts are minimal. • b) Properly Scaled: Non-residential uses should be appropriately located and scaled within easy access and integrated within the surrounding neighborhood context. c) Allowable Land Uses: Generally, commercial uses should be similar to the uses described in Section 23-3-210, C-1 (Neighborhood Commercial)Zone District, including both the Uses allowed by Right and Uses by Special Review. Residential uses should be similar to those described in Section 23-3-130, R-3(Medium-Density Residential),and Section 23-3-140, R-4(High-Density Residential), including both the Uses allowed by Right and Uses by Special Review. Both the commercial and residential uses include but are not limited to, the following: Stores and shops which furnish personal services and merchandise primarily intended for personal, family, or household purposes by the residents of the area in which the use is located. ii. Restaurants iii. Schools and Public School extension classes iv. Public Recreational Facilities, Community Buildings, Museums, and Libraries v. Police and Fire Station Facilities vi. Offices vii. Utility Service Facility viii. Child Care Center • ix. Places of Worship x. Clubhouse and Recreational Facilities xi. Attached Dwelling Units xii. Group Home facility xiii. Foster Care Homes d) Serviced by Infrastructure: Mixed Use Neighborhoods will utilize public sewer and water services. e) Compatibility with Existing Comprehensive Plan Goals and Policies: Development of Neighborhood Mixed Use Centers should meet the goals and policies in the Weld County Comprehensive Plan, Section 22-2-100 (Commercial Development Goals and Policies), as well as the goals and policies in Section 22-2-120 that specifically discuss Urban Residential Uses. 0 Compatibility of Building Heights: Buildings should be considered in terms of their relationship to the height and massing of adjacent buildings, as well as in relation to the human scale. g) Green Transitions: Development within Neighborhood Mixed Use areas should use landscaping to provide a transition and buffer from higher density, more active land uses, to lower density residential land uses and existing rural land uses. 411 h) Clustering of Higher Density Uses: Non-Residential Uses, larger buildings and attached multi-family housing should cluster near commercial centers and transition to the surrounding residential neighborhoods through the use of lower density products. • i) Pedestrian-Oriented Mixed Use Areas: Create pedestrian-friendly and human-scaled commercial areas by providing open areas for gathering places, creating a tree canopy between on-street parking and store fronts, and minimizing the visual impact of parking lots. j) Building Integration: Mitigate large-footprint commercial structures by minimizing the impact of parking areas and incorporating more human-scaled streetscapes into designs. k) Building Orientation: Reinforce the character and quality of the streets through the development of buildings that provide orientation and access towards the street. D. Suburban Neighborhoods. The goals of Suburban Neighborhood residential districts within the Dry Creek RUA is that they be cohesive, identifiable, and diverse, while still being integrated into the regional context of the surrounding area. 1. POLICIES: a) Developments are encouraged to coordinate neighborhood design efforts with regards to circulation provisions, conservation of natural features, and relationship to established neighborhood areas. b) A diversity of housing types is encouraged to include both owner-occupied and rental housing, which serves all economic segments of the population and match local incomes and age groups. • c) Higher residential densities should be situated within close proximity to designated neighborhood/activity centers. d) Each neighborhood should have an interconnected network of local streets that provide direct connections to local destinations. e) Allowable Land Uses: Generally Residential Uses occurring in the Neighborhood Mixed Use should meet the requirements set in Section 23-3-130, R-1 (Low-Density Residential) Zone District, and Section 23-3-140, R-2 (Duplex Residential) Zone District. f) Serviced by Infrastructure: Suburban Neighborhoods will utilize public sewer and water services. g) Compatibility with Existing Comprehensive Plan Goals and Policies: Development of Neighborhood Suburban Residential Areas should meet the goals and policies in the Weld County Comprehensive Plan, Section 22-2-120 (Residential Development Goals and Policies). h) Housing Diversity: Residential areas should reflect affordability and lifestyle choices that include dwelling unit type, density, environmental setting, and convenience levels. Diverse housing options serve people of all income levels and may provide some citizens the ability to live where they work. • i) Compatibility with surrounding proposed/existing land uses: Thorough examination of issues such as compatibility with surrounding and regional land uses, availability and adequacy of infrastructure, impacts on the natural • environment, drainage and transportation, and other issues should occur in the review of all residential developments. j) Adequate Services: Improvements associated with residential development should be based on the direct impact those development proposals have on the infrastructure and services related to that development. k) Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district. I) Ensure adequate mechanisms are in place to manage and maintain all public and private improvements in residential development. These improvements may include water delivery, sewage delivery, sewage disposal, drainage facilities, roadways, trails, common and private open space, landscaped areas, and fencing. Mechanisms may include, but are not limited to, homeowner's associations, metropolitan or other improvement districts, agreements with utility or service providers, or protective covenants addressing privately-owned property. m) Neighborhood Emphasis: Development within the Dry Creek RUA is encouraged to be focused in distinct neighborhoods that are walkable, pedestrian friendly, and integrated into the regional open space and circulation network. n) Walkability of Residential Neighborhoods: Suburban residential • neighborhoods should be pedestrian friendly and walkable. Detached sidewalks and pedestrian and bicycle paths are encouraged. o) Neighborhood Interconnectivity: Neighborhoods located adjacent to future development areas should provide opportunities for future roadway and open space extensions. Cul-de-sacs and other dead end streets are discouraged unless necessitated by the natural or built constraints of the site. Where cul-de-sacs are used, pedestrian connections should be provided between the street and adjacent open space areas,trails, and other common areas to promote neighborhood connectivity. p) High-Quality and Attractive Neighborhood Character: Non-residential uses such as civic buildings within suburban residential neighborhoods, should be appropriately scaled and of similar character to the surrounding residential neighborhood to promote an attractive and high-quality neighborhood character. Repetition of identical homes and garages along neighborhood streets detracts from the visual character of the neighborhood and is strongly discouraged. E. Estate Neighborhoods. The goal of Estate Neighborhoods within the Dry Creek RUA is that they are intended to provide an appropriate transition from more intensive development to existing rural/agricultural areas. These low-density neighborhoods should maintain a country living and rural atmosphere while preserving the vegetation, significant geological features, wildlife habitat/corridors, views, and privacy. • 1. POLICIES: a) Allowable Land Uses: Generally, Residential Uses occurring in the Estate Neighborhoods should meet the requirements set in Section 23-3-410, E (Estate) Zone District. • b) Compatibility with Existing Comprehensive Plan Goals and Policies: Development of Residential Estates should meet the goals and policies in the Weld County Comprehensive Plan, Section 22-2-120 (Residential Development Goals and Policies). c) Compatibility with surrounding proposed/existing land uses: Thorough examination of issues such as compatibility with surrounding and regional land uses; availability and adequacy of infrastructure; impacts on the natural environment, drainage, and transportation; and integration with the rural agriculture character of the area should occur in the review of all Residential Estate development. d) Adequate Services: Ensure that adequate services and facilities such as sheriff/fire protection, medical support, and efficient service delivery such as school busing are currently available or reasonably obtainable to serve Residential Estate Developments. e) Emphasis on Open Space: Lots should have access to common or private open space, if applicable. Private open space is encouraged on individual lots to support high-quality rural character. f) Rural Neighborhood Character: Rural Residential Estates should be designed with development patterns, design features, amenities, and architecture that support a high-quality rural character. • g) Pedestrian Interconnectivity: Pedestrian connections to surrounding properties should be included, where feasible, to ensure connectivity between adjoining properties as they are developed. h) Visual Screening of Rural Land uses: Perimeter treatments,entryways, and setbacks are encouraged to be individually tailored to each development proposal, but should support a high-quality rural character. i) Development Clustering and Transitioning: Development clustering techniques to preserve natural amenities, scenic view corridors, and agricultural viable land is encouraged. Residential Estate developments should be designed as transitional areas between higher intensity urban uses and existing rural uses surrounding the Dry Creek RUA. j) Small-Scale Farming: Support opportunities such as, but not limited to, hobby farming and home businesses to supplement family income and reduce living expenses for farm families and others who prefer a rural lifestyle. F. Limiting Site Factors. Limiting Site Factors areas are areas comprised of limiting site factors and contain certain physical elements that obstruct, or are hazardous to, certain types of development. These physical elements include floodplains, critical wildlife habitat areas, aquifer recharge areas, riparian areas, topographic constraints, regional utility easements, • regional oil and gas pipeline easements, and oil and gas processing and distribution facilities. The goal within the Limiting Site Factor areas are to discourage development within limiting factor areas, to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features. Preserve, protect, and enhance areas from development defined in Appendix 26-S • Dry Creek RUA Map, including but not limited to, surface water bodies, wetland habitat, riparian corridors, floodplains, transmission lines, significant regional oil and gas lines, and significant oil and gas processing and distribution facilities. 1. POLICIES: a) Compatibility with Existing Comprehensive Plan Goals and Policies: Goals and Policies regarding the Protection and Preservation of Limiting Factor Areas are consistent with those outlined in Article V Natural Resources, Section 22-5-10, and 22-5-20 of the Weld County Comprehensive Plan.The following policies are consistent with the County's Goals and Policies, as outlined in Section 22-5-30 but have been modified, revised, or clarified to reflect the desired policies of the RUA: Discourage excessive or unnecessary removal of riparian vegetation and alterations of stream beds and banks, or other significant or critical habitats during the design and development of land uses that require grading and drainage improvements, unless specifically permitted for restoration, enhancement, or creation of additional habitat. ii. Conflicts with fish and wildlife habitats and travel and migration routes should be considered and avoided in land development. iii. Development adjacent to rivers and streams, waterfowl areas, significant or critical habitats areas should incorporate reduced • densities, adequate setbacks, and buffers. iv. It is incumbent upon all land owners (private or public), metro districts, developers, and site construction contractors to be aware that it is illegal to place fill material in any jurisdictional water or wetland. Impacts to jurisdictional waters or wetlands will be mitigated in the RUA by the responsible party according to requirements, regulations, and guidelines set out by the U.S. Army Corps of Engineers (USACE)/U.S. Environmental Protection Agency (EPA). v. Unnecessary destruction of riparian areas is strongly discouraged. Impacts to riparian areas will be mitigated in the RUA by the responsible party. Mitigation will be accomplished through restoration, enhancement, or creation efforts. vi. Developers will coordinate with local, state, and federal agencies to identify issues and implement measures for the protection, restoration, enhancement, or creation of fish and wildlife habitat. b) Compatibility of Uses in each Zone:Areas comprised of Limiting Site Factors contain certain physical elements that obstruct, or are hazardous to, certain types of development. These physical elements include, but are not limited to, the following uses: • i. Floodplains (within the Federal Emergency Management Agency (FEMA) 100-year floodplain) ii. Critical Wildlife and Riparian Habitat Areas iii. Wetland and Aquifer Recharge Areas iv. Surface Water Bodies • v. Topographical Constraints vi. Transmission Line Easements vii. Regional Oil and Gas Easements viii. Oil and Gas Distribution and Processing Facilities Although these sites contain factors that limit certain types of development, these areas are, nevertheless, usable for agricultural production, recreational activities and parks, or other functions that cannot damage or be damaged by the constraining site factors.These areas can also enhance the character of this RUA by providing corridors for trails and wildlife and for the protection of natural resources, riparian habitats, and natural features essential to the identity of this RUA. c) Importance of Limiting Factors as Open Space: Development in the RUA should preserve and enhance the Big Dry Creek floodplain and riparian corridor, improve habitat conditions and create quality open space, and, to the extent feasible, preserve and enhance significant non-jurisdictional farm ponds and associated aquatic, wetland, and riparian habitats to encourage wildlife use. d) Preservation of Habitat: Development within the RUA should preserve, create, and enhance grassland buffers around Sensitive or Critical Habitats within areas defined as Limiting Factors in Appendix 26-S Dry Creek RUA Map. Discourage development and avoid disturbance to sensitive, • significant, or critical habitat areas. Encourage buffers and setbacks around such features. Preclude any new structural development in the riparian areas. ii. Encourage the restoration and enhancement of water resources to provide a diversity of water-based active and passive recreational opportunities as well as wildlife habitat. iii. Create, preserve, and enhance grassland buffers around sensitive or critical habitats within areas defined as limiting factors in Appendix 26-S Dry Creek RUA Map. e) Importance as Water Resource: Within limiting factor areas, development within the RUA is encouraged to utilize Low Impact Development (LID) methods of reducing impermeable surfaces, create stormwater detention and permanent water quality ponds, bioswales and wetlands to reduce the quantity and improve the quality of water released from development sites, and to create functional wildlife habitat. Locate and design stormwater facilities to take advantage of, and enhance, existing water resources and habitat. f) Interconnection of Limiting Factor Areas: Create an interconnected system of open space that incorporates water bodies, wetland habitat, riparian corridors, buffers, floodplains, and other significant or critical habitats. g) Compatibility with State and Federal Laws and Regulations: Abide by Section 404 and 401 of the Clean Water Act(CWA) and adhere to the State • and Federal rules, regulations, and guidance governing the preservation of water quality and protection and mitigation of waters of the United States, and wetlands as administered by the U.S. Army Corps of Engineers • (USAGE), the Environmental Protection Agency (EPA), and the State of Colorado Department of Public Health and Environment (CDPHE). h) Discourage New Development within Limiting Factor Areas: Discourage development in hazard areas where a significant risk to life and property exist, as in areas of floodplain, geologic hazard, unstable soils, undermined areas, and steep slopes. Minimize development and encroachment in the floodplain and preclude any net fill in the floodplain. i) Buffering of Existing Oil and Gas Production and Distribution: Oil and gas drilling, processing, and distribution in the Dry Creek RUA are a significant economic component. It is important that proper mitigation measures, such as screening and buffering, are employed to address potential conflicts between existing industrial areas and future urban development. j) Confirmation of Floodplains: While general locations of floodplains have been shown in Appendix 26-S Dry Creek RUA Map, prior to submitting a Change of Zone application, the Applicant must define floodplain source of the data, accuracy, modeling methodology, assumptions, etcetera. Numerous factors can change floodplain limits. The applicant shall apply to FEMA to modify the defined floodplain boundary to take into account the proposed floodplain changes. Sec. 24-4-60. Community and Emergency Facilities. • The goal of locations designated for Community and Emergency Facilities is to ensure the efficient and cost-effective delivery of adequate public facilities and services within the Dry Creek RUA that provides for the health, safety, and welfare of the present and future residents of the County. A. POLICIES: 1. Minimum Service Standards: Minimum service standards and facility standards will be established in determining whether public services and facilities are adequate for residential and mixed-use development. a. Each service provider will advise on acceptable standards of service and facilities as each is a technical expert. b. As site-specific development plans become available for each phase of development, direct input from each service provider will be incorporated into the planning efforts. 2. Minimize Fiscal Impacts: The Dry Creek RUA will provide mechanisms for funding public facilities, accommodating service expansion and community amenities based on the demand created by the development. a. Mechanisms for funding infrastructure improvements should be promoted to ensure equitable participation by the developer, utility providers, service providers, the county, future owners, and surrounding properties. Such • mechanisms may include over-sizing or payback agreements, impact fees, interim/ultimate design and installation plans, improvement or metropolitan districts, and/or other methods. • b. Strive to set common urban development impact fees within the RUA, to encourage parity. c. Review impact fee policies for within the RUA, if developed for within or around it, every three years and after each decennial census to ensure that the basis for impact fees remains equitable and fair and reflects the current cost of construction. d. Cost-sharing strategies could be implemented for the construction of infrastructure. e. Consider both the physical and fiscal impact on the local districts. If it is found the service providers, as a result of the proposed development, require additional facilities, or incur costs requiring additional local revenues, the project will negotiate with the service provider to determine the contribution level necessary to cover the costs directly attributable to the project. f. Establish ways to have a common proportionate impact fee among the multiple jurisdictions within the larger South Weld County region, perhaps within all of the Metropolitan Planning Area. 3. Embedded Community Facilities in Neighborhoods: Locating schools, a library, and sheriff and fire satellite stations within the community are hallmarks of the charter the Dry Creek RUA seeks to create. They are desired land uses that improve the sense of safety and overall desirability of the community. • 4. Regional Cooperation: Cooperation or consolidation of urban services among the county, special districts, and private developers is encouraged,when appropriate,to avoid duplication and overlapping costs to establish a satisfactory level of quality, quantity and dependability of those services. a. Development in the RUA should participate in joint planning with the county and service providers to coordinate a timely, orderly, and efficient arrangement of public facilities and services. b. Development should work cooperatively to the mutual benefit of the new residents and the public service providers through the use of such mechanisms as IGAs. 5. Utilize Existing Capacity: Development requiring urban services and facilities should be located where services are currently available or reasonably available. When additional capacity is available with existing facilities, then the Dry Creek RUA will work in partnership with the service provider to appropriately and efficiently utilize what is already available. 6. Co-location and Shared Use of School Facilities with Civic or other Community Uses: When appropriate, co-location or shared use of schools with other civic uses such as a public library, fine arts center, senior center, health clinic, community college branch, recreation facility, or public park can create more walkable and integrated • neighborhoods and should be encouraged. 7. Co-location and Shared Use of School Facilities as a mechanism to offset cost of public service provision: Co-location of Civic and or Community Uses should be promoted within the Dry Creek RUA because it can reduce cost of service for all • agencies involved. Such co-location can more efficiently utilize public funding and offset some public school construction costs through cost-sharing by different public agencies. 8. Phased land dedications: Provide phased land dedications for public services and improvement as conditions of development are warranted. Sec. 24-4-70. Maximum Lot Coverage. All land use applications in the Dry Creek RUA shall adhere to the following regulations governing the maximum percentage of lot coverage. Maximum lot coverage is defined as the maximum percent of the total area of a lot in a zone district that shall be covered by any structure. The percentage of coverage on a lot shall not include the area of the lot or development designated as open space.The percentages outlined in Table 26-3 shall be deemed the maximum lot coverage for each zone district within the Dry Creek RUA. Table 26-3: Maximum Lot Coverage in the Dry Creek RUA Maximum Lot Coverage Percentage Covered Nei•hborhood Mixed Use 85% Suburban Residential Nei•hborhoods 60% Estate Nei•hborhoods 40% Limitin• Site Factor NA • Sec. 24-4-80. Open Space. A. The goal for open space within the Dry Creek RUA is to establish a functional open space system that balances development with the needs of wildlife and existing agricultural and rural uses and incorporates the protection, maintenance and management of natural,scenic, historic, cultural, archeological, drainage, floodplain, and agricultural resources. B. The Dry Creek RUA has defined an overall Open Space framework defined primarily by the limiting factors on the site. These are as follows: Dry Creek Riparian Corridor and Floodplain, the Brantner Irrigation Ditches, Critical and Sensitive habitats, and Utility Easements. These environmental constraints can be improved and provide key linkages to create an integrated open space and trail network. This would provide a greenway throughout the Dry Creek RUA and ensure that the Dry Creek RUA open space and trail network could tie into a potential future regional recreation and open space system. In addition to the limiting factors on the site, there are other important Open Space conditions, and there are goals and polices for each of these following sub-categories: 1. Buffer Conditions Landscapes [Appendix 26-S Dry Creek RUA Map] 2. Common Open Space 3. Parks and Recreation 4. Landscape Medians and Roadsides 5. Agricultural C. POLICIES: • 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Goals and Policies regarding Open Space are consistent with those outlined in, Section 22-5-40 (Article V Natural Resources) of the Weld County Comprehensive Plan. The following policies are consistent with the County's goals and policies as outlined in • Section 22-5-50, but they have been modified, revised, or clarified to reflect the desired policies of the RUA: a) Developers will provide open space to enhance the quality of life and enjoyment of the environment, while protecting private property rights. b) Encourage private-sector, non-profit organizations, non-county agencies, and other governmental jurisdictions to participate in the provision of open space in and around the RUA. c) Developers will identify and set aside significant, critical, or sensitive habitat and natural land features in tracts, outlots, or easements,where appropriate. d) Developers should ensure the future management of public open space and create management plans that identify the managing entity, funding source, and stewardship responsibilities. e) Encourage native, drought-tolerant landscaping in open space and new landscaping in developed areas. 2. Minimum Standards: The minimum percentages of land in each land use designation devoted to Open Space and limiting factors are listed in Table 26-3. The Department of Planning Services reserves the ability to evaluate development design proposals with less common open space than listed in Table 26-4. Staff will determine at the time of land use application if the proposed common open space • meets the intent of the requirements in this section. Table 26-4 Minimum Open Space Standards Minimum Open Space for Percentage Covered each Land Use Designation Neighborhood Mixed Use 15% Suburban Residential 15% Estate Neighborhoods 25% Limiting Site Factor NA 3. Provision of Open Space: Developers will dedicate open space, initiate land trades within the RUA, or provide cash-in-lieu when open space opportunities are not available in desired open space locations. In lieu of the preservation of land for on-site common open space, and subject to the discretion of the Board of County Commissioners, the Applicant may utilize the cash-in-lieu of common open space option outlined in Section 27-6-80.B.8,with terms defined in Chapter 27,Article II, of the Weld County Code. This option shall be outlined in the Sketch Plan Application to the Department of Planning Services. • 4. Preservation and Interconnectivity of Open Space: • a) The Recreation District and Developers should coordinate and encourage the preservation and creation of a continuous, interconnected, and permanent system of open space that capitalizes on natural and man-made features and incorporates sensitive and critical habitat such as streams corridors, floodplains, irrigation canals, reservoirs, ponds, and wetlands. b) Development within the RUA should dedicate and protect natural open space that incorporates sensitive and critical wildlife habitat in a variety of forms, including large patches, corridors, buffers, and linkages, and will discourage small unusable patches of open space. c) Patches of open space should be linked together via open space corridors of adequate width to protect sensitive species and allow for genetic diversity through species movement. Creation of isolated or small patches of open space or habitats that are inaccessible or unusable for wildlife is discouraged. 5. Emphasize Importance of Habitat: Development of a parks and trails system should avoid negative impacts to sensitive or critical habitat. 6. Management of Open Space:The Recreation District or other approved entity should fund and develop an open space management plan that addresses the restoration, enhancement, operations and maintenance standards of open space,and balances the level of public use of open space with the sensitivity of the wildlife/habitat resources and goals for protection of those resources. The Recreation District or • other approved entity should collect fees as necessary and provide adequate funding to support the open space management plan. 7. Enhancement of Open Space: The restoration and enhancement of open space and water resources is encouraged, in order to provide a diversity of water-based active and passive recreational opportunities as well as wildlife habitat. 8. Create a Visual and Attractive Environment. Development within the RUA should provide a natural appearance and configuration of graded land forms in open space and stormwater and drainage facilities to create aesthetic non-engineered appearance of community features Sec. 26-4-90. Buffer Conditions. A. The goal for designated Buffer Condition areas within the Dry Creek RUA is to protect the public health, safety, and welfare of land developed in the Dry Creek RUA and protect the economic viability and long-term sustainability of the surrounding agricultural and oil and gas industries. The Dry Creek RUA is in a developing and changing area with significant existing agriculture and oil and gas industries. Certain urban land uses, because of their character and intensity, may create an adverse impact on less intensive and varied adjacent land uses and negatively impact the economic viability and long-term sustainability of surrounding oil and gas industries. Alternatively, the noise and dust that can be associated with more rural uses, such as agriculture and oil and gas production and distribution, can adversely affect public health, safety, and welfare of surrounding urban development. Accordingly, the following policies are established to protect and preserve the appearance, character, and • value of property within the RUA and buffer adjacent more rural uses from the adverse urban development of the RUA. B. POLICIES: • 1. Screen or buffer between incompatible adjacent land uses: All land within Suburban Residential areas within the Dry Creek RUA that is directly adjacent to an existing rural or agricultural use and is not separated by a road right-of-way, and where "Buffer Condition" is noted in Appendix 26-S Dry Creek RUA Map, need to be evaluated based on the intensity of land uses and the intensity of the landscape treatment proposed. One or more of the four basic variables in buffer design should be used. Distance, plant material, plant density, and land forms should be employed to ensure that incompatible land uses are adequately buffered and screened. 2. Transition from higher density urban uses to rural uses through lower density development: Where indicated, lower density Estate Neighborhoods have been cited in Appendix 26-S Dry Creek RUA Map. These Estate Neighborhoods have a lower density and are more rural in character and allow for a more gradual transition to existing rural and agricultural uses. 3. Buffer or screen between development and oil and gas operations areas: A landscape buffer should be employed for the outer 50 feet of the setback from an oil and gas well or operations area. This buffer area may be used for underground utilities, sidewalks, trails, parking, and must be landscaped with grasses, vertical landscaping or shallow-rooted landscape. Sec. 26-4-100. Common Open Space. All developments within the Dry Creek RUA shall also preserve a portion of the site as common open space above and beyond the areas that have been delineated in Appendix 26-S Dry Creek RUA Map. • A. DEFINITION: Common Open Space is defined as any usable parcel of land or water essentially unimproved and set aside, dedicated, designated, or reserved for future public or private use or enjoyment, or for the use and enjoyment of owners or occupants of land adjoining or neighboring such an area. Common Open Space shall be freely accessible to all residents and property owners of a development. Common Open Space shall not be occupied by buildings or structures other than those in conjunction with the use of open space, roads, or parking, nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements. Sec. 26-4-110. Parks And Recreation. All Planned Unit Developments (PUDs) within the Dry Creek RUA shall also preserve a portion of the site as Parks and Recreation, above and beyond the areas that have been delineated in Appendix 26-S Dry Creek RUA Map. The goal for Parks and Recreation within the Dry Creek RUA is to provide high-quality, strategically placed parks and recreation facilities for present and future residents A. POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Goals and policies regarding Parks and Recreation are consistent with those outlined in Article V Natural Resources, Sections 22-5-40 and 22-5-50 of the Weld County Comprehensive Plan. • 2. Compatibility with Existing Zoning Standards: Common open space shall be delineated in the Sketch Plan phase of the land use process and meet the performance standards established in Chapters 24 and 27 of the Weld County Code. • 3. Diversity of Parks: Parks provide opportunities for active and passive recreational experiences within the community. They reinforce a sense of community by providing places for members of the community to gather, interact, and exercise. Parks also enhance a community's image and quality of life. A comprehensive park system should include the following: a) Neighborhood Parks-Pocket parks are small parks that are provided by the developer of a subdivision and maintained by the development. They provide opportunities for passive outdoor recreation at a sub-neighborhood scale. They are ideally located within 0.25 mile of the residences they are intended to serve and may include lawn areas, picnic shelters and tables, play equipment, artwork, or other amenities that are appropriate for the demographics and types of activities that the neighborhood may desire. b) Local Parks - Neighborhood parks provide places for informal recreation and gathering places within walking distance of most residences (0.5 mile). May include multi-use lawn areas, picnic areas, playground equipment, restrooms, drinking fountains, small court games, community gardens, and recreational fields and facilities, as appropriate. c) Community Parks-Community parks serve multiple neighborhoods (typically within 1 to 1.5 miles) and are focused on the recreational • needs of the whole community. They provide opportunities for self-directed and programmed recreational activities, as well as community events and gatherings. 4. Accessibility of Parks: Parks and recreation facilities provide an adequate range of active and passive recreational opportunities to meet the needs of a wide array of citizens. Special emphasis should be placed on ensuring that residents have access to neighborhood parks and recreation centers within walking distance of their homes. a) Development within the RUA should centrally locate recreation centers and other facilities that serve large numbers of people on sites with visual and vehicular access from major roadways, direct trail connections, and provisions for future transit. b) Development within the RUA should design neighborhoods that integrate parks, trails, and recreational facilities with utility infrastructure and transportation systems such as detention basins that serve as athletic fields when not flooded. c.) Development within the RUA should organize and conjoin parks, trails, open space with schools, churches, and other quasi-public land uses, where possible, to create larger, more contiguous parks and open space network. • Sec. 24-4-120. Agriculture. The goal for agricultural uses within and nearby the Dry Creek RUA is to preserve agricultural productivity and values. • A. POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Protection and Preservation of Limiting Factor Areas are consistent with those outlined in Article II Land Use Categories, Sections 22-2-10 and 22-2- 20 of the Weld County Comprehensive Plan. 2. Consider Agriculture Water Delivery: New development will recognize and accommodate the traditional and future operational viability of existing water delivery infrastructure. Water and the irrigation delivery systems need to be regarded as a critical component of the agricultural heritage and continued productivity of the land. 3. Compatibility with "Right to Farm": Respect the continuation of agricultural land uses and operations in the area surrounding the RUA. Farming and ranching operations in Weld County are important businesses that require land preparation, burning, planting, and harvesting that can cause nuisance dust, objectionable odors, noise, and smoke. Maintain Weld County's"Right to Farm" policies, which protect farmers and ranchers from nuisance and liability lawsuits and enables them to continue producing food and fiber. Sec. 24-4-130. Archeological, Cultural and Historic Resources. It is a goal to preserve and protect archeological, cultural, and historic resources within the Dry Creek RUA. • A. POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Protection and Preservation of Limiting Factor Areas need to be consistent with those outlined in Section 22-5-110.F(Article V Natural Resources)of the Weld County Comprehensive Plan. 2. Compatibility with OAHP Regulations: Developers will contact the Colorado Office of Archeology and Historic Preservation (OAHP) regarding the preservation and protection of any potentially significant archeological, cultural, or historic artifact encountered during construction. Sec. 24-4-140. Landscaped Medians and Roadsides. It is a goal for within and around the Dry Creek RUA that major roadways, along with the greenway connection proposed along County Road 4, play an important role in the function and image of the Dry Creek RUA. All major arterials and County Road 4 should incorporate landscape design features. The following design policies relate to the visual quality of these roadways. A. POLICIES: 1. Integration of Roadside Planting: Plantings along road rights-of-way shall be integrated with the rest of the site. 2. Landscape Setbacks along County Road 4: A minimum landscape setback along County Road 4 should be established and significant landscape treatment should be proposed for any development along County Road 4 to • ensure that County Road 4 has a green character and functions as a green connection between Dry Creek Corridor and the rest of the RUA. • 3. Compatibility with Existing Zoning: Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards requirements contained in Chapters 23 and 24 of the Weld County Code. 4. Screening of Adjacent Uses through Landscaping Berming and Clustering: Uses adjacent to Weld County Road 21 and Weld County Road 4 should be screened from Weld County Road 4 and Weld County Road 21 through best practice landscape treatment including, but not limited to, landscape berming, berm-walls, tree clustering, fences, and high-intensity planting. 5. Maintenance: Maintenance of landscaping in landscaped medians and along roadsides shall be by a metropolitan district or other approved entity. Sec. 24-4-150. Transportation and Circulation. Within the Dry Creek RUA, it is a goal to create a transportation network serving the Dry Creek RUA that unifies and coincides with state, county, city, and community transportation systems. The transportation network should be an integrated system of streets, sidewalks, trails, and bikeways that provides for optimal movement of people, bicycles, and automobiles within the community to and from adjacent streets, developments, and uses. A. INTENT: As transportation demands increase in the Dry Creek RUA, the need to preserve the functional integrity and hierarchy of the existing roadways and provide new roadway capacity will become increasingly important. The purpose of this section is to provide for the planning, design, and construction of improvements to • new and existing roadway facilities consistent with Chapters 22, 23, 24, and 27 of the Weld County Code. These standards seek to provide for a certain level of performance for the transportation network serving the Dry Creek RUA. Consequently, if it can be shown that an alternate design, material, or procedure will provide performance equal to, or better than, the required design, material or procedure, that alternate may be approved by the Director of Public Works. B. POLICIES: 1. Circulation System: a) The proposed RUA circulation system is exhibited in Appendix 26-S Dry Creek RUA Map. The transportation network reflects a road hierarchy,from a major arterial that serves both the regional and local traffic with higher speeds and capacities with controlled private access, to a collector that serves local traffic and provides access to future development. The proposed hierarchy of roads includes both reconstruction and/or widening of existing roads and alignments for new roads. The transportation network also identifies locations of future traffic signals and roundabout intersections. The roadway classifications and circulation will be determined based upon the results of the Traffic Impact Analysis and the"Master Transportation Plan." b) The Dry Creek RUA cross sections are identified in Appendix 26-T • Dry Creek RUA Street Sections. These standards delineate right-of-way, lane configurations, median treatment, bike lanes, and pedestrian sidewalks. Roadway classifications may change as development in the Dry Creek RUA area occurs. Roadway • classifications may be reevaluated by the Director of Public Works based on the results of a traffic impact analysis. c) When proposed development within the Dry Creek RUA triggers the need for construction of on-site or off-site transportation,commitment to construct the needed improvements and funding for engineering design, right-of-way acquisition, and all construction costs for those improvements shall be secured and guaranteed by the developers or districts of the Dry Creek RUA,their successors and assigns, prior to approval of any Final Plat. 2. Traffic Impact Analysis: All significant developments within the Dry Creek RUA area shall be required to prepare a traffic impact analysis at the time of the Sketch Plan application. All traffic analysis information and reports shall be prepared and certified to by a registered professional engineer competent in traffic engineering. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation, and improvements necessary to offset a specific project's impacts. The County will require the developer to pay a proportionate share of the costs of said improvements through an improvements agreement. The developer will be responsible for all pertinent road improvements. This may include improvements required outside the Dry Creek RUA due to development within its boundary. All traffic impact analysis shall contain, at a minimum, the following information: • a) Introduction: Describe the proposed development and parameters of the study area. b) Existing Conditions: The street capacity standard in the Dry Creek RUA is Level of Service C and the intersection capacity is Level of Service D. Conduct a.m. and p.m. peak-hour turn movements and average daily traffic counts for intersections and links within the study area if there are no available counts collected within the previous twelve (12) months. ii. Conduct a peak-hour intersection level of service analysis for the intersections. iii. Determine whether the existing daily traffic volumes exceed the arterial daily volume standards as identified in the RUA street standards for major arterial, arterial, secondary, collector and local streets presented in Appendix 26-T, Roadway Cross Sections. These standards delineate right-of-way, lane configurations, median treatment, bike lanes, and pedestrian sidewalks. c) Cumulative Conditions: • . Identify previously approved or anticipated developments that may affect the study area's circulation system. • ii. Generate, distribute, and assign traffic to the existing roadway network. hi. Determine annual growth rates and project future traffic volumes for the time frame corresponding to project buildout. iv. Identify funded circulation improvements, both public and private, that will be constructed prior to the proposed development's occupancy. v. Conduct a peak-hour intersection level of service analysis and compare daily volume forecasts to street standards assuming cumulative developments, annual growth rates, and funded improvements. vi. Determine mitigation measures to offset cumulative conditions if the level of service exceeds the Dry Creek RUA area standards. d) Trip Generation: Determine daily and a.m. and p.m. peak-hour trip generation for the proposed development, using established rates identified in the Trip Generation Manual published by the Institute of Transportation Engineers, or as agreed upon with County staff. e) Trip Distribution: Based on assumptions contained in the Dry Creek • RUA area traffic analysis or market estimates, describe the anticipated trip distribution patterns for the proposed development. f) Trip Assignment: Based on the projected trip generation, assumed trip distribution, and the prevailing roadway network, assign the projected traffic to the intersections and streets within the study area. g) Existing + Committed + Project (E+C+P) Traffic Volumes and Level of Service: Add project a.m. and p.m. peak-hour and daily traffic volumes to existing plus committed traffic volumes. ii. Conduct intersection level of service analysis and determine whether daily traffic volumes exceed street standard thresholds. h) Signal Warrant Analysis: Using the American Association of State Highway and Transportation Officials(AASHTO)Manual on Uniform Traffic Control Devices, or other adopted standards, determine whether proposed intersection volumes exceed signal warrants for those locations on the transportation network • where signals are proposed. i) Access: Projects involving access to the state highway system shall indicate appropriate conformance to the latest revisions of the State • Highway Access Code. The report shall discuss how the proposed development meets the access control guidelines. j) Mitigation Measures: Mitigation measures will be implemented to provide the needed improvements to offset project impacts as determined by the traffic impact analysis. 3. Design Standards: a) General Design Standards: All development within the Dry Creek RUA area shall comply with Chapters 8, 22, 23, 24, and 27 of the Weld County Code and the Colorado State Highway Access Code, 2 CCR 601-1. Consistent with the urban-scale development standards in the Dry Creek RUA areas, all driving surfaces and parking areas for commercial and industrial development shall be paved according to geometric and road structure design standards. b) Geometric Design Standards: Geometric design for streets and roads shall be in accordance with Weld County Engineering and Construction Criteria and with A Policy on the Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials (AASHTO). Specifications, standards or design criteria, published by other governmental agencies, professional organizations, or generally accepted authoritative sources, may be used in geometric design. All • specifications, standards, or design criteria shall be referenced and copied as part of the submittal information. c) Road Structure:Structural capacity shall be designed in accordance with the Guide for Design of Pavement Structures, published by AASHTO. Specifications, standards, or design criteria published by other governmental agencies, professional organizations, or generally accepted authoritative sources may be used in design. All specifications, standards, or design criteria shall be referenced and copied as part of the submittal information. All roads shall adhere to the Weld County Engineering and Construction Criteria and with the standards set forth in Chapter 24, Article VII, of Weld County Code. d) Structural Road Improvements:Adjacent roadways shall be designed to meet the full typical section specified in the County Transportation Plan and Chapter 24 of the Weld County Code. For example, improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter, and sidewalks. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system as determined by a professional transportation study. The road improvements agreement and roadway construction • plans shall be considered for approval by the Weld County Board of County Commissioners. • e) Signage and Striping:All signage and stripping within the Dry Creek RUA area shall comply with Manual on Traffic Control Devices (MUTCD). 4. Transit: As development occurs, the feasibility of a public transit system in the Dry Creek RUA area should be examined. Sec. 24-4-160. Trails: It is a goal that,within and around the Dry Creek RUA,that the transportation and circulation system should provide for an extensive network of neighborhood, local, and regional trails open to all types of non-motorized travel that link neighborhoods to community features and the region. A pedestrian friendly, off-street trails system is encouraged that provides a positive experience with areas of interest along the trail routes.Trails should provide reasonable accommodation and access for people of all ages and abilities. A. INTENT: Provide for an extensive network of neighborhood, local,and regional trails open to all types of non-motorized travel that link neighborhoods to community features and the region. B. POLICIES: 1. Regional Integration: Encourage facilitated coordination between jurisdictions and between private and public entities to integrate the RUA Regional Trails, shown on Appendix 26-S Dry Creek RUA Map, with other regional trails, such as the Colorado Front Range/South Platte River, Saint Vrain, and the • Big Dry Creek trails. 2. Trail Interconnectivity: Develop an interconnected network of neighborhood and local trails within the community and with nearby jurisdictions that will also provide connections to regional trail systems. 3. Minimize Conflict with Plant and Animal Habitat: To the extent possible,trails should be located, configured, and set back from natural creeks or water bodies so that recreational use will not significantly impact native plant and animal habitat. 4. Universally Designed: Create pedestrian friendly, off-street trails that provide a positive experience with areas of interest along the route and provide reasonable accommodation and access for people of all ages and abilities. Sec. 24-4-170. Infrastructure. It is a goal within the Dry Creek RUA that the use of centralized water and sewer systems be promoted for development in a consistent manner with the Weld County Comprehensive Plan. These systems should be capable of complying with all regulatory standards for potable water and wastewater discharge. These systems should be self-sustaining and able to fund the initial, operational, and long-term replacement infrastructure required to maintain service. A. Promote the use of renewable water sources within the capability of the water service provider. Renewable sources should be encouraged, in order to reduce the • consumption of finite water supplies such as groundwater: • B. Promote Water Conservation. Promote water conservation within the capabilities of the water and sewer providers, and apply water conservation in a manner that is compliant with all regulatory standards. C. Encourage dual-pipe systems. Encourage a dual-pipe system to reduce the consumption of potable water and promote high effluent standards for wastewater treatment facilities. Treatment facilities should maintain a high effluent standard to maintain water quality throughout the area's watershed. Proposed development within the RUA should be discouraged from using septic systems. D. Setbacks and Design of Oil and Gas Facilities. Development should be set back from oil and gas wells for safety reasons. Development should seek ways to make these buffered areas as attractive and useful as possible. Mitigation of oil and gas wells through color, profile, and visual screening is encouraged, and the use of low-profile tanks as new wells are established is recommended. E. Minimize Impact of Utility Transmission and Distribution Systems. Utility providers and easement holders need to ensure that electric, natural gas, petroleum, and other generation, distribution, pipeline and storage facilities are located in a manner that is safe, environmentally sensitive, and minimizes aesthetic impacts. Lines will be required to be placed underground to the maximum extent feasible. F. Respect Surface and Mineral Owner Rights. Respect the rights and uses of surface owners and oil and gas mineral owners and operators. Developers within the RUA should communicate with oil and gas mineral owners and operators to develop • surface use agreements that accomplish cohesive development of the surface in the RUA that respects both the rights and uses of surface owners and the rights and uses of oil and gas mineral owners and operators. G. Mitigate Impact of Oil and Gas Operators on land development. Surface Use Agreements between developer and oil/gas operators should be used to allow current and future development of oil and gas resources that minimizes the impacts on land and land use. Methods employed by oil and gas operators and/or land developers to accomplish concurrent development of the surface, along with oil and gas minerals, shall be in compliance with Colorado Oil and Gas Conservation Commission rules and regulations and with Colorado Senate Bill 07-237 provisions, and may include, but is not limited to, centralizing exploration and production facilities, clustering wells, constructing alternative structures and landscaping to mask wells and equipment, directional drilling, installing low-profile or compact equipment, locating drill pads in commercial or industrial areas, and using existing service roads and sites. H. Facilitate ongoing communication between oil and gas operators and developers. As development progresses over time, ongoing communication with operators and developers should continue to address the challenges and issues and develop solutions, so that oil and gas development and residential development may proceed concurrently over the years while conserving land and water quality. Promote integrated and environmentally sensitive design, conservation and • reclamation practices, such as: 1) Practices that maximize the use of renewable resources, reduce water consumption, and provide the greatest end value and aesthetics of the land. • 2) Conservation of water resources in the landscape through the use of native xeriscape principles and non-potable water for landscape irrigation. 3) Low impact development that retains the water that falls on the site and puts it to beneficial use. 4) New development that is set back from oil and gas wells for safety reasons, and make the oil and gas facilities and buffer areas as attractive and useful as possible. Sec. 24-4-180. Drainage. A. The purpose of the Stormwater and Floodplain Management portion of the Dry Creek RUA is to protect the health, safety, and welfare of the public, protect adjudicated waters for the use of downstream water rights holders, preserve the viable and productive use of agricultural lands, promote the equitable, acceptable and effective use of land,and meet the requirements of Colorado Drainage Law. Development within the Dry Creek RUA shall adhere to the Weld County Storm Drainage Criteria, as currently adopted by the County. These criteria have been adopted in order to provide minimum standards to preserve and protect the public health, safety, and general welfare in the unincorporated lands of the County, pursuant to authority granted by Part 4 of Article 15 of Title 30, and Article 35 of Title 30, C.R.S. These criteria are designed to provide storm drainage best management practices to accommodate the unique characteristics of the County. All submittals for development within the Dry Creek RUA shall include the information listed in the Weld County Storm Drainage Criteria. • B. The policies set forth in this document for the Dry Creek RUA are intended to define the responsibilities of the developers within the RUA to best manage this area as a new urban corridor. These policies are designed for the commitment to preserve the natural beauty of the region, without hampering its development potential. By preserving prime irrigated agricultural land for local farmer use and designating a variety of land uses for commercial, industrial, and residential functions, the natural landscape of South Weld County and the need for economic development will be blended to create a mixture that will serve the region for years to come. 1. Promote runoff control: Protect runoff control measures that minimize impacts due to changes in land use, including preservation of the existing hydrology to the extent practical as related to quantity, rate, and timing. a) Minimize the creation of impervious surfaces and preserve open space to the extent practical. b) Encourage Low Impact Development and other Conservation Design principles in future land use changes. c) Encourage best management practices (BMPs) and runoff infiltration to the extent practical. d) Encourage no increase in runoff volume related to changes in land use by creative use of native vegetation, trees, and the concepts in the policies • above. e) Consider hydrologic timing of discharge to avoid coincidental flood peaks. • 2. Protect water storage and conveyance: Protect existing and future water storage, conveyance, and delivery infrastructure of water rights holders while promoting beneficial uses of excess stormwater runoff through sustainable development, conservation design, and best management practices. a) Maintain "first in time—first use" water rights. b) Encourage incorporation of water conservation into future land use changes. c) Encourage innovative uses of excess stormwater runoff once initial water rights obligations are met. 3. Surface Water Treatment: a) Treat surface runoff through water quality measures prior to discharge to streams and rivers during and after construction activities. b) Control erosion and sedimentation due to wind and water to the extent practical and in accordance with the National Pollutant Discharge Elimination System (NPDES). c) Reduce point and non-point source discharges of pollutants through the use of non-structural and structural BMPs. 4. Promote the preservation and enhancement of aquatic resources, riparian corridors, • wetlands and wildlife habitat. 5. Provide recreational, aesthetic and functional use of natural water resources. 6. Minimize flood danger: Protect human life, health, safety, and property, including buildings, public facilities, utilities and mineral rights, from the hazards and associated costs of flood damages by promoting regulations that reduce the risk of flooding. a) Reduce and repair stream bank erosion through sound engineering design, fluvial geomorphologic principles and "living river" concepts. b) Assure that changes in land use do not result in unstable conditions that may lead to stream bank instability or erosion. c) Preserve the flood carrying capacity and volume of the existing floodplain. d) Comply with the National Flood Insurance Program (44 Code of Federal Regulations 59-75, as amended), which provides eligibility for federally subsidized flood insurance. e) Establish a minimum Flood Protection Elevation of one foot above the 100-year Base Flood Elevation to reduce the risk of flooding of habitable structures. • 7. Encourage cooperation: Participate in, and encourage cooperation between, counties, municipalities,special districts,companies, and other governmental entities pertaining to regulations involving stormwater and floodplain management. • Coordinate construction activities with the ditch companies to avoid activities that may interfere with filling reservoirs during the spring. 8. Operate and maintain stormwater and floodplain infrastructure on a regular basis: a) Provide long-term, legally binding operation and maintenance agreements for the continued operation of stormwater and floodplain infrastructure. b) Require maintenance schedules as a part of all future land use changes as well as identification of parties responsible for operation and maintenance activities. c) Provide suitable funding mechanisms to implement and maintain the above goals. d) Prepare fair and equitable funding mechanisms that consider quantifiable impacts to the stormwater management system,such as Stormwater Utilities, Special Service Areas (SSAs), and/or Special Districts. Sec. 24-4-190. Groundwater. Proposed development within the Dry Creek RUA should preserve, protect, and improve groundwater aquifers and local areas of high groundwater. A. POLICIES: • 1. Encourage Best Practice Storage, Use, and Disposal of Hazardous Chemicals: The Dry Creek RUA water provider is encouraged to educate residents about behaviors and consequences, and proper storage, use,and disposal of chemicals, petroleum products, cleansers,fertilizers, pesticides, and any other solid and liquid household product or hazardous waste that could pollute surface water or groundwater, drinking water wells, fish and wildlife habitat, or the general health and welfare of the public if unintentionally released into the environment. 2. Compatibility with Federal and State Water rules: Development will be permitted and performed in accordance with Section 401 of the CWA, and the rules and regulations as administered by EPA and CDPHE. a) Contractors and residents will be required to adhere to the PDES and Colorado SPCC regulations. b) Site developers and/or construction contractors working within the RUA must obtain a general and/or specific Stormwater Discharge Permit as appropriate to the situation if any discharges of stormwater into receiving waters are anticipated or proposed. c) Site developers and/or construction contractors must obtain,develop, and manage a Stormwater Management Plan (SWMP), adhere to any reporting requirements, and make said plan available to all • employees and CDPHE. Sec. 24-4-200. Wildlife. • Development within the Dry Creek RUA should preserve and protect wildlife, and enhance wildlife habitat. A. POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Protection and Preservation of Wildlife needs to be consistent with those outlined in Section 22-5-10(Article V Natural Resources)of the Weld County Comprehensive Plan. 2. Compatibility with federal and state laws for threatened, endangered, and candidate species: Identify, preserve, and protect critical habitat of federally listed threatened, endangered, candidate species(i.e., "Critical Habitat"),and unique nesting, breeding, or spawning areas of state listed species of special concern (i.e., "Sensitive Habitat"), and abide by the following federal and state laws governing their protection: a) U.S. Endangered Species Act (ESA) b) U.S. Migratory Bird Treaty Act (MBTA) c) U.S. Bald and Golden Eagle Protection Act (BGEPA) d) Colorado Non-game, Endangered, or Threatened Species Conservation Act 3. Compatibility with state wildlife statutes: To the greatest extent possible, development within the RUA should preserve habitat that provides essential life requisites of food, water, cover, and space, and adhere to state statutes • and regulations regarding general game and non-game wildlife that are not afforded greater legal protections by the county, state or federal governments. 4. Honor Existing Visual Natural Amenities: Conserve mature trees that add character to the community and provide habitat for wildlife. Support the conservation of mature trees and native species to the extent possible and encourage the incorporation of these features as amenities in future neighborhoods. Invasive species should not be preserved. Sec. 24-4-210. Vegetation. Development within the Dry Creek RUA should encourage healthy and diverse native plant communities and preserve and protect unique plant species. A. POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Protection and Preservation of Unique Plant Species need to be consistent with those outlined in, Section 22-5-10 (Article V, Natural Resources) of the Weld County Comprehensive Plan. a) Compatibility with Federal ESA Act: Identify, preserve, and protect critical habitat of federally listed threatened, endangered, candidate plant species (i.e., "Critical Habitat") in accordance with the ESA. • 2. Compatibility with state threatened and endangered plant species: Identify, preserve, and protect critical habitat of State-listed threatened and endangered plant species (i.e., "Sensitive Habitat"). • 3. Compatibility with Federal Plant Protection Act/Colorado Noxious Weed Act and Colorado and Weld County's Noxious Weed Management Programs: Encourage the eradication, control, containment, and management of noxious and restricted weeds in accordance with these Acts and programs. 4. Promote the use of diverse and adapted plant species: Table cross sections are identified in Appendix 26-G Adaptable and Native Planting List. This list is a partial list of plant material that are native or adapted to Colorado's Front Range. This is not an all-inclusive list and is intended only to act as a general resource. New plant materials are being made available on a commercial basis and local nurserymen are a valuable resource when trying to determine the appropriateness and adaptability of plant material to a particular location. Amend Appendix 26-B -ATTACHED Amend Appendix 26-C -ATTACHED Amend Appendix 26-G -ATTACHED Amend Appendix 26-0 -ATTACHED Amend Appendix 26-S -ATTACHED Amend Appendix 26-T -ATTACHED BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding • capitalization, grammar, and numbering or placement of chapters, articles,divisions, sections, and sub-sections in said Code. 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. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2010-1 published above, was introduced and, on motion duly made and seconded, approved upon first reading on July 12, 2010. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on August 4, 2010. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone(970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld • County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, • please send a copy to egesick@co.weld.co.us. SECOND READING: August 4, 2010, at 9:00 a.m. THIRD READING: August 23, 2010, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 16, 2010 PUBLISHED: July 22, 2010, in the Windsor Beacon • • WELD COUNTY CHAPTER 28 CODE ORDINANCE 2010-1 RUA Add the following:IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 22 COMPREHENSIVE Article IV PLANSCHAPfER 26 RUA,OF THE WELD COUNTY CODE Dry Creek RUA BE I NED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF Sep.26-0-10. Development Standards. COLO A. A framewor4 plan for the Dry Creek Regional Urbanization Area(RUA)is established to pr a foundation and general guidance to enable the County and its citizens to make appropriate decisions WHEREAS,the Board of County Commissioners of the County of Weld State of Colorado,pursuant to Colorado herding future development within the specified geographical area.It represents a vlsion of what the Dn statute and the Weld County Home Rule Charter.is vested with the authority of administering the affairs of Weld County, Creek RUA could look like over the next 20 years and is supported by specific land use goals and policl Colorado,and The following sections outline the framework plan and how It will be used to guide future≤ in the Dry Creek RUA. WHEREAS,the Board of County Commissioners,on December 28,2000.adopted Weld County Code Ordinance 20101-1, enacting a comprehensive Code for the County of Weld,Including the codification of all previously adopted ordinances of B. The proposed Dry Creek RUA is located in one of the fastest growing areas of both Weld a general and permanent nature enacted on or before said date of adoption,and County and the Denver Metro Area,near the developing growth areas of the 1-25 and U.S. Highway a 85 corridors.Surrounding municipal populations are increasing quickly,and ern, WHEREAS,the Weld County Code is in need of revision and clarification with regard to procedures,terms,and m t and retail opportunities are moving to the area at an accelerated rate.The Dry Creek requirements thereln,and is an effort to ensure that future development is compatible with the existing and future character of the region.Future development shown in Appendix 28-S Dry Creek RUA Mar WHEREAS,Section 22-1-150,6,12 of the Weld County Code provides standards for review of the creation of a Regional conform with the goals and policies outlined in this section,as well as all policies and regl Urbanization Area(RUA),and lions found in Chapter 22(Weld County Comprehensive Plan),all zoning and subdivision r lotions,and all other applicable portions of the Weld County Code. WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied Sec.28-4-20. Intent. the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits The Intent of the Dry Creek Framework Plan and resultant Goals and Policies Is to expedite the planning and w n presented in ihH matter and,having been fully informed,finds that this request shall be approved for the review process by clearly outlining the expectations for future development within the area.To this end,the principle: following reasons:sons: Coney in the Framework Plan and c and and I seek to ensure that new development Basistheovvisurroundingcontext, RUA andLionPolicies routlined In' 150.85 of Weld County Code. Weld County Comprehensive toe Plan.The framework plantand Goals and Policies within this ut application are intendedt to specific and clear enough to guide development,es but not to preclude creativerdors oil al The Dry Greek RUA i 2. it is the opinion of the Board of County Commissioners that the applicant has shown compll to create an . communitye wo that ban lances eeks to development with riRUAd corridors,developmentoff and gas production,tef and ear ance with Section 21-1-150.8.12 of the Weld County Code as follows: an planninl g efforts of o the surroundirk ng areawhile creating an futureattractive an working lommuto ncontextual Okra and planning living rig community. a. Section 22-1-150.B.12.a-"The existing Comprehensive Plan is in need of revision sec.26-4-30. Maximum Work end Living peenieuon. as proposed." Appendix 26-C outlines the maximum number of people who are projected to live and work In the RUA b. 22-1-150.B12.b-'Sandal, or land use conditions of the count and the maximum non-residential uses.The projected population of the Dry Creek RUA is between 6.500 and 19,70( Section eca changes, .8,12.0 applicable,'Soci 1,economic o support or amending the Cons of the Co y people and between 2,200 and 6.600 dwelling units.Non-residential uses in the RUA are projected to be between 6( g9 sq.ft.of Gross Floor Area(GFA)and 187,000 sq.ft.of GFA.These non-residential uses include,but are not limited tc Plan." small neighborhood retail and civic uses.These uses are projected to employ between 130 and 373 people(exclusiv school employment).including school employment,between 218 and 605 people would work within the RUA,as cur c. Section 22-1-150.8.12.c-"The proposed amendment will be consistent with projected. existing and future goals,policies and needs of the County.' Sec.26-0-00. Service end School Previsions. d Section 22-1-150.B.12d-"In the case of any amendment to the Regional Urban Appendices 26-B and 26-O outline the agencies that will provide services and education and the Dry C ization Area:" RUA school facilities requirements.Around 20%of the Dry Creek RUA is within Brighton 27.1 School District:80%of boundary Is within Fort Lupton Weld County 8.The RUA population projections would justify approximately three(3) 1) Section 22-1-150.8.12 0.1-'The proposed amendment inclusion schools and one(1)high school.The general locations of these schools are depicted in Appendix 26-S Dry Creek RI into the Regional urbanization Area Land Use Map or modification to Map and are generally located along Weld County Road 4,which Is envisioned to be a green parkway linking Big Dry the existing land use classification as outlined on the Regional Creek with the Braniner Irrigation Ditch to the east. Urbanization Area Land Use Map has one-sixth(15)contiguity with the existing Regional Urbanization Area Land Use Map boundary." Sec.26-4-SO. Dry Creek RUA Generalised Planned Land Use Categories. A. The goal of the overall Dry Creek RUA Framework Plan structure land use categories is to establish a h 2) Section 22-1-150.B.12.d2-The proposed amendment will address nlous design that protects and enhances the value and character of surrounding land uses by anradint the impact on existing or planned servi clean and non-polluting land uses to the community and minimizing obstruction of the view of others 0 capabilities,Including but not limited to,all utilities,infrastructure, the careful use of perimeter landscaping,screening,and buffering.The goal Is also to discourage devel atormwater Infrastructure and transportation systems. ment in hazard areas where a significant risk to life and property exist,such as in areas of floodplain,gl • logic hazard,unstable soils,undermined areas,and steep slopes. 3) Section 22-1-150.8.120.3-"The proposed amendment will address B. General Planned Land Uses. In the Dry Creek RUA,land use Hgrouped into lour land use categories. Impacts on the natural environment" categories are conceptual and not intended to create vested properly rights in the continuation of any I ticular use,district,zoning classification,or any permissible activity therein.The Land Use categories 4) Section 22-1-150.8.12.d.4-"The proposed land use is compatible follows: with the existing and surrounding land uses." 2. Mixed Use Neighborhoods 5) Section 22-1-150.14.12.dB-"The proposed number new residents 2_ Suburban will be act ate served the social amenities,such as schools 3. Lseteg Slte Factors eof ry by E. Ltegornensdors and parka of the community." land use category consistsnd distinct e and nt. qualities cat and Isae established as ian the of Pram an and Implement d planned land use development.edistri These categories tdelineatedr oWeld the RUA F and' m 6) Section 22st,and.there is -"near ted balance of housing and Plan andIn ,the generalized zone districts,abdconstlto for Clarification 23 i n of specific Cod employ exist,and there is an integrated balance of housing antl noted below.In all cases,Chapters 23.24.and 27 should be consulted for clan6callon of specaic requ employment" merits. 7) Section 22-1-150.8.12.0.7-"The proposed amendment has demo c. Mixed Use Neighborhoods.The goal of Mixed Use Neighborhoods within the Dry Creek RUA is to met strated that adequate services are currently available or reasonably higher density nodes proximate to major regional arterials that provide convenience goods and service obtainable." residents of the immediate area.Mixed Use Neighborhoods should be linked to transportation network minimize traffic and parking issues for the adjacent residents,while promoting compatibility between ft 8) Section 22-1-150.8.120.8-`Referral agency responses have been commercal and nearby residential areas. received and considered" 1. POLICIES: e. Section 22-1-150.2412.e-"In the case of any proposed new Regional Urbaniz a) Higher Density Nodes:Mixed Use Neighborhoods are intended to provide a tion Area:" proximate,and higher density activity areas offering convenience goods ant services to residents of surrounding neighborhoods.Environmental and sen 1) Section 22-1-150.B,12.e.1-"The proposed amendment includes a related Impacts are minimal. diversity of land uses and will address the impact on ex sting or b) Properly Scaled:Non-residential uses should be appropriately located and planned tune,e capabill Ins.riasNdlrg but not to all syutilltles, within easy access and integrated within the surrounding neighborhood con hem Infrastructure,stormwater Infrastructure and transportation sy tams." c) Allowable Land Uses:Generally,commercial uses should be similar to then 2) Section 22-1-150.a.12.e.2-'In the case of any proposed new described in Section 23-3-210,C-1(Neighborhood Commercial)Zone Distil Including both the Uses allowed by Right and Uses by Special Review.Rest Regional Urbanization Area,the proposed amendment will address impacts on the natural environment' uses should be similar to those described in Section 23 3-130.R-3(Medium Density Residential),and Section 23-3-140,R-4(High-Density Residential), 3) Section 22-1-150.8.12.e,3--In the case of any proposed new including both the Uses allowed by Right and Uses by Special Review.Bolt Regional Urbanization Area,the proposed land use is compatible commercial and residential uses include but are of limited to,the allowing with the existing and surrounding land uses" i. Stores and shops which furnish personal services and merchandise primaril Intendedpersonal, 4) Section 22-1-15019.1249.4-"In the case of any proposed new in which the use ify,or household purposes by the residents of the Is located. Regional Urbanization Area,the proposed number of new residents II. Restaurants will be adequately served by the social amenities,such as schools is. Schools and Public School extension classes and parks of the community." iv. Public Recreational Facilities,Community Buildings,Museums,and Ubrarie Police and Fire Station Facilities 5) Section 22-1-150.0.12.6.5-9n the case of any proposed new R vi. Offices gional Urbanization Area,local,accessible employment opportun vie Utility Service Facility ties exist,and there is an integrated balance of housing and ample veil. Child Care Center men."." ix. Places of Worship Clubhouse and Recreational Facilities 6) Section 22-1-150.B.12e.6-"In the case of any proposed new xi. Attached Dwelling Units Regional Urbanization Afea,the proposed amendment has demo all, Group Home facility streted that adequate services are currently available or reasonably x111. Foster Care Homes o• Section ole- o) Serviced by infrastructure:Mixed Use Neighborhoods will utilize public sew Ti Regtion2Urbaniz do Are,refthe case gecy any responsoshane Swerviced by s. received andaonsnon Area,referral agency responses have been receivetlendconsideretll e) Compatibility withaxed ng Use nte Comprehensive Plan Goalsthe he Policies:Davek in of Neighborhood Mixed Use Centers should meet the goals and policies in NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Weld County Comprehensive Plan,Section 22-2-100(Commercial Develop Colorado.that certain existing Chapters of the Weld County Code be,and hereby are,repealed and re-enacted,with Goals and Policies),as well as the goals and policies in Section 22-2-120 n amendments.and the various chapters are revised to read as follows. specifically discuss Urban Residential Uses. 9 Compatibility of Building Heights:Buildings should be considered in terms of their 0) Compatibility with surrounding proposedlexlging land uses:Thorough relationship to the height and massing of adjacent buildings,as well as in relation examination of Issues such as compatibility with surrounding and regional land to the human scale. uses:availability and adequacy of Infrastructure;impacts on the natural environment,drainage,and transportation;and Integration with the rural • g) Green Transitions:Development within Neighborhood Mixed Use areas should use agriculture character of the area should occur in the review of all Residential landscaping to provide a transition and buffer from higher density,more active Estate development. land uses,to lower density residential land uses and existing rural land uses. d) Adequate Services:Ensure that adequate services and facilities such as sheriff hi Clustering of Higher Density Uses:Non-Residential Uses,larger buildings and fire protection,medical support,and efficient service delivery such as school attached multi-family housing should cluster near commercial centers and busing are currently available or reasonably obtainable to serve Residential Estat transition to the surrounding residential neighborhoods through the use of lower Developments. density products. ei Emphasis on Open Space:Lots should have access to common or private open I) Pedestrian-Oriented Mixed Use Areas:Create pedestrian-friendly and human space.If applicable.Private open space Is encouraged on individual lots to scaled commercial areas by providing open areas for gathering places,creating a support high-quality rural character tree canopy between on-street parking and store fronts,and minimizing the visual Impact of parking lots. 0 Rural Neighborhood Character:Rural Residential Estates should be designed we development patterns,design features,amenities,and architecture that support D Building Integration:Mitigate large-footprint commercial structures by minimizing high-quality rural character. the impact of parking areas and incorporating more human scaled streetscapes into designs. g) Pedestrian interconneckvlty:Pedestrian connections to surrounding properties should be included,where feasible,to ensure connectivity between adjoining k) Building Orientation:Reinforce the character and quality of the streets through the properties as they are developed. development of buildings that provide orientation and access towards the street. hi Visual Screening of Rural land uses:Perimeter treatments,entry ways,and D. Suburban Neighborhoods.The goals of Suburban Neighborhood residential districts within the Dry setbacks are encouraged to be individually tailored to each development Creek RUA Is that they be cohesive,identifiable,and diverse,while still being integrated into the regional proposal,but should support a high-quality rural character. context of the surrounding area. I) Development Clustering and ltanselonlrg: Development clustering techniques 1. POLICIES: to preserve natural amenities,scenic view corridors,and agricultural viable land a) Developments are encouraged to coordinate neighborhood design efforts with is encouraged.Residential Estate developments should be designed as regards to circulation provisions,conservation of natural features,and relationship transitional areas between higher intensity urban uses and existing rural uses to established neighborhood areas. surrounding the Dry Creek RUA. 0) A diversity of housing types is encouraged to include both owner-occupied and j) Small-Scale Farming:Support opportunities such as,but not limited to,hobby rental housing,which serves all economic segments of the population and match farming and home businesses to supplement family income and reduce living local incomes and age groups. expenses for fens families and others who prefer a rural lifestyle. c) Higher residential densities should be situated within close proximity todealgnated F Limiting Site Factors, Limiting See Factors areas are areas comprised of limiting site factors and contain neighborhood/activity centers. certain physical elements that obstruct,or are hazardous to,certain types of development.These physical elements include flocdplains,critical wildlife habitat areas,aquifer recharge areas,riparian areas,topographic constraints,regional d) Each neighborhood should have an interconnected network of local streets that utility easements,regional of and gas pipeline easements,and oil and gas processing and distribution facilities.The goo provide direct connections to local destinations. within the Limiting Site Factor areas are to discourage development within limiting factor areas,to preserve the natural features of the site,to avoid areas of environmental sensitivity,and to minimize negative impacts and alteration of natural e) Allowable Land Uses:Generally Residential Uses occurring in the Neighborhood features.Preserve,protect,and enhance areas from development defined in Appendix 26-5 Dry Creak RUA Map,Includll Mixed Use should meet the requirements set in Section 23 3130,R-1(Low but not limited to,surface water bodies,wetland habitat,riparian corridors,floodpiains,transmission lines,significant Density Residential)Zone District,and Section 23-3-100,R 2(Duplex Residential) regional oil and gas lines.and significant oil and gas processing and distribution facilities. Zone District. 1. POLICIES: i) Serviced by infrastructure:Suburban Neighborhoods will utilize public sewer and a) Compatibility with Existing Comprehensive Plan Goals and Policies: Goals and Policies water services. regarding the Protection and Preservation of limiting Factor Areas are consistent with those outlined in Article V Natural Resources,Section 22-5-10.and 22-5-20 of the Weld County g) Compatibility with Existing Comprehensive Pan Goals and Policies: Development Comprehensive Plan.The following policies are consistent with the County's Goals and of Neighborhood Suburban Residential Areas should meet the goals and policies Policies,as outlined in Section 22-5-30 but have been modified,revised,or Clarified to reflect In the Weld County Comprehensive Plan,Section 22 2120(Residential the desired policies of the RUA: Development Goals and Policies). I. Discourage excessive or unnecessary removal of riparian vegetation and hi Housing Diversity:Residential areas should reflect affordability and lifestyle alteration of stream beds and banks,or other significant or critical habitats dub • GRACE'S that include dwelling unit type,density,environmental setting,and the design and development of land uses that require grading and drainage levels.Diverse housing options serve people of all Income levels and improvements,unless specifically permitted for restoration,enhancement,or may provide some citizens the ability to live where they wont. creation of additional habitat. I) Compatibility with surrounding proposed/existing land uses:Thorough il. Conflicts with fish and wildlife habitats and travel and migration routes should Ot examination of issues such as compatibility with surrounding and regional land considered and avoided in land development. uses,availability and adequacy of infrastructure,Impacts on the natural environment,drainage and transportation,and other Issues should occur in the Ili. Development adjacent to rivers and streams,waterfowl areas,significant or critic review of all residential developments. habitats areas should incorporate reduced densities,adequate setbacks,and buffers. j) Adequate Services:Improvements associated with residential development should be based on the direct impact those development proposals have on the iv It is Incumbent upon all land owners(private or public),metro districts, infrastructure and services related to that development. developers,and site construction contractors to be aware that it is illegal to place fill material in any jurisdictional water or wetland.impacts to jurisdictional k) Ensure that adequate services and facilities are currently available or reasonably waters or wetlands will be mitigated In the RUA by the responsible party obtainable to serve the residential development or district. according to requirements,regulations,and guidelines set out by the U.S.Army Corps of Engineers(USACE)N S.Environmental Protection Agency(EPA). r) Ensure adequate mechanisms are In place to manage and maintain all public v Unnecessary destruction riparian areas is strongly discouraged.Impacts to and private improvements in residential development.These Improvements riparian areas will be miti of tetl in the RUA by the responsible party.Mitigation col may include water delivery,sewage detNery,sewage disposal,drainage facilities. roadways,trails,common and private open space,landscaped areas,and be accomplished through restoration,enhancement,or creation efforts. fencing.Mechanisms may Include,but are not limited to,homeowner's vi. Developers will coordinate with local,state,and federal agencies to identify Issw associations,metropolitan or other improvement districts,agreements with utility and Implement measures for the protection,restoration,enhancement,or creatic or service providers,or protective covenants addressing prNetely-owned property. of fish and wildlife habitat. Tr) Neighborhood Emphasis:Development within the Dry Creek RUA is encouraged 0) Compatibility of Uses In each Zone:Areas comprised of Limiting 511e Factors contain certain to be focused in distinct neighborhoods that are walkable,pedestrian friendly,and integrated into the regional open space and circulation network. physical elements that obstruct,or are hazardous to,certain types oftledevelopment..These us es: elements Include,but are not limited to,the following usee s: n) Walkability of Residential Neighborhoods:Subuman residential neighborhoods I. FIWdpIains(within the Federal Emergency Management Agency(FEMA)100-yet should be pedestrian friendly and walkable.Detached sidewalks and pedestrian iloodplain) and bicycle paths are encouraged. II. Critical Wildlife and Riparian Habitat Areas I e) Neighborhood interconnectivity:Neghborhods located adjacent to future iV Wetland and Aquifer Recharge Areas development areas should provide opportunities for future roadway and open Surface Water Bodies Topographical Constraints space extensions.Cul-de-sacs and other dead end streets are discouraged unless necessitatedthe natural or built constraints of the see.Where cut de via Transmission Line Easements by v 1. Regional Cu and Gas Easements sacs are used pedestrian connections should be provided between the street and vol. el and Gas Distribution end Processing Facilities adjacent open space areas,trails,and other common areas to promote Although these sites contain factors that limit certain types of development,these areas are, neighborhood connectivity, nevertheless,less,usable for agricultural production,recreational activities and palls,or other HI h Ouall and Attractive Neighborhood Character Non-residential uses such functions that cannot damage or be d RUA 0y the constraining see factors.These areas PI asc civic buildings within suburban residential neighborhoods should be can also enhance the character of this RUA by providing corridors for trails and wildlife and to appropriate saled and of similar character to me surrounding residential the protection of natural resources,rlpatlan habitats.and natural features essential tome appropriately identity of this RUA, neighborhood to promote an attractive and high-quality neighborhood character. Repetition of identical homes and garages along nelgh0orhood streets detracts c) importance of Limiting Factors as Open Space:Development in the RUA should preserve and from the visual character of the neighborhood and is strongly discouraged. enhance the Big Dry Creek floodplain and riparian comda,improve habitat conditions and and,to create quality open space,and,to the extent feasible,preserve and enhance significant non Estate Neighborhoods.The goal of Estate Neighborhoods within the Dry Creek RUA Is that they are intended jurisdictional dlfe farm ponds and associated aquatic,wetland,and riparian habitats to encourage to provide an appropriate transition from more antenna development to exerting while rural/agricultural areas.These law- wildlife use. density nelgtr urhoods should maintain a country living and mrzl atmosphere while preserving the vegetation.significant geological features,wIl01Ma habitaticortltlors,views,and privacy. dl Preservation of Habitat:Development within the RUA should preserve.create,and enhance grassland buffers around Sensitive or Critical Habitats within areas defined as Limiting Factor. • 1. POLICIES: in Appendix 26-S Dry Creek RUA Map. a) Allowable Land Uses:Generally,Residential Uses occurring in the Estate Neighborhoods should meet the requirements set in Section 23-3-010,E(Estate) i. Discourage developmentand avoid disturbance to sensitive,significant,or critic Zone Di strict.is\dct. habitat areas.Encourage buffers and setbacks around such features.Preclude b) Compatibility with Existing Comprehensive Plan Goals and Policies: Development any Encourage the rep development in the riparian o orate. IL n new structural the dev1 e and active passive recreational opportunities as well as Comprehensive Plan,Section 22-2-120(Residential Development Goals and wrtdlee habitat. Policies). of Creat0,preserve,and enhance Prarsland buffers around sensitive or critical habitats within areas defined as limiting factors In Appendix 26-S Dry Creek RUA 8. Phased land dedications:Provide phased land dedications for public services and Improv Map. as conditions of development are warranted. e) importance as Water Resource:Within limiting factor areas,development within the RUA is Sec.29-4-70. Maximum Lot Coverage. encouraged to utilize Low Impact Development(LID)methods of reducing impermeable All land use applications in the Dry Greek RUA shall adhere to the following regulations governing the • surfaces,create stormwater detention and permanent water quality Ponds.doswales and maximum percentage of lot coverage.Maximum lot coverage is defined as the maximum percent of the total area of wetlands to reduce the quantity and Improve the quality of water released from development in a zone district that shall be covered by any structure.The percentage of coverage on a lot shall not include the are sites,and to create functional wildlife habitat.Locate and design stormwater facilities to take the lot or development designated as open space.The percentages outlined in Table 26-3 shall be deemed the mash advantage of,and enhance,existing water resources and habitat. IM coverage for each zone district within the Dry Creek RUA. q Interconnection of limiting Factor Areas:Create an interconnected system of open space that Table 26-3:Maximum Lot Coverage In Me Dry Creek RUA incorporates water bodies,wetland habitat,riparian corridors,bunters,fioodpialns,and other significant or critical habitats. Maximum Lot Govnr.iyc Percentage Oo arCO g) Compatibility the with nWStaleAct( WA)al Laws and Regulations: Federal e by , 4go and Neighborhood Mixed Use 401 of tee Clean Water sewn)and adhere to the State and Fion and mitigation regulations,and Wall guidance United governing the preservation of water quality and te U.S. i ps of Engineers of waters Suburban Residential Nel•hbOTOCtls n (USAGE), the E),the States,nvi and t l o as administered), and U.S.Army Corps ol of o ts Estate Neighborhoods tO5ACH,the Environmental Environment Protection (CONAgency(EPA),and the State of Colorado Department of Public Health and EmironmeM(CDPHL). h) Discourage New Development within Limiting Factor Areas:Discourage development in Sec.24-4.80. Open Space. hazard areas where a significant risk to life and property exist,as in areas of floodpiain,geologic A. The goal for open space within the Dry Creek RUA Is to establish a functional open space system that hazard,unstable soils,undermined areas,and steep slopes.Minimize development and balances development with the needs of wildlife and existing agricultural and rural uses and incorporat encroachment In the floodplain and preclude any net fill In the floodplain. the protection,maintenance and management of natural,scenic,historic.cultural,archeological.drain,- floodplain.and agricultural resources. I) Buffering of Existing Oil and Gas Production and Distribution:Oil and gas drilling,processing, and distribution in the Dry Greek RUA are a significant economic component.It is important B. The Dry Greek RUA has defined an overall Open Space framework defined primarily by the limiting fact that proper mitigation measures,such as screening and buffering,are employed to address on the site.These are as follows:Dry Creek Rlpadan Corridor and Floodplain,the Brantner Irrigation DH potential conflicts between existing industrial areas and future urban development. Critical and Sensitive habitats,and Utility Easements.These environmental constraints can be Improve provide key linkages to create an integrated open space and trail network.This would provide a green, p Confirmation of Floodplains:While general locations of foodplains have been shown In throughout the Dry Creek RUA and ensure that the Dry Creek RUA open space and trail network could Appendix 26-S Dry Creek RUA Map,prior to submitting a Change of Zone application,the into a potential future regional recreation and open space system.In addition to the limiting factors on I Applicant must define floodplain source of the data,accuracy,modeling methodology, site,there are other Important Open Space conditions,and there are goals and polices for each of tries assumptions,etcetera.Numerous factors can change floodplain limits.The applicant shall following sub-categories: apply to FEMA to modify the defined floodplain boundary to take into account the proposed floodplain changes. 1. Bunter Conditions Landscapes[Appendix 26-S Dry Creek RUA Map] 2. Common Open Space Sec.29-4-60. Community and Emergency Facilities. 3. Parks and Recreation 0. Landscape Medians and Roadsides The goal of locations designated for Community and Emergency Facilities is to ensure the efficient and cost- 5. Agricultural effective delivery of adequate public facilities and services within the Dry Creek RUA that provides for the health,safety, and welfare of the present and future residents of the County. O. POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies:Goals and Policies A. POLICIES: regarding Open Space are consistent with those outlined in,Section 22-5-40(Article V Ni 1. Minimum Service Standards:Minimum service standards and facility standards will be Resources)of the Weld County Comprehensive Plan.The following policies are conslaen established In determining whether public services and facilities are adequate for residential the County's goals and policies as outlined in Section 22-5-50,but they have been modlf and mixed-use development. revised,or clarified to reflect the desired policies of the RUA: a. Each service provider will advise on acceptable standards of service and facilities at Developers will provide open space to enhance the quality of life and enjoin as each is a technical expert, the environment,while protecting private properly rights. As ste-specific development plans become available for each phase of b) Encourage private-sector,non-profit organizations,non-county agencies,ar development,direct input from each service provider will be Incorporated Into the other governmental jurisdictions to participate in the provision of open spec planning efforts. and around the RUA. 2 Minimize Fiscal Impacts:The Dry Creek RUA will provide mechanisms for funding public 01 Developers will identify and set aside significant,critical,or sensitive habits facilities,accommodating service expansion and community amenities based on the demand natural land features in tracts,outiota,or easements,where appropriate. • created by the development. dl create e management ensure the future managementmanaging public open space an( Mechanisms for funding infrastructure by the improvements should be promoted plans that identify the managing entity,funding source, to ensure equitable participation by the developer,,utility providers,service stewardship responsibilities. providers,the county,future owners,and surrounding properties.Such mechanisms may include over-sizing or payback agreements.Impact fees, e) Encourage native,drought-tolerant landscaping in open space and new interim/ultimate design and installation plans.Improvement or metropolitan landscaping in developed areas. districts.and/or Other methods. 2. Minimum Standards:The minimum percentages of land in each land use designation des b. Strive to set common urban development impact fees within the RUA,to to Open Space and limiting factors are listed in Table 26-3,The Department of Planning encourage parity Services reserves the ability to evaluate development design proposals with less comma open space than listed in Table 26-4.Staff will determine at the time of land use appllcati c. Review Impact fee policies for within the RUA,if developed for within or around It, the proposed common open space meets the intent of the requirements in this section. every three years and after each decennial census to ensure that he basis for impact fees remains equitable and fair and reflects the current cost of Table 26-4 Minimum Open Space Standards construction. Minimum Open Space for Percentage Covered Cost-sharing strategies could be implemented for the construction of each Land Use Designation infrastructure. Neighborhood Mixed Use 15% e. Suburban Residential 15% Consider both the physical and fiscal impact on the local districts.if It is found the service providers,as a result of the proposed development,require additional Estate Neighborhoods 25% facilities,or Incur costs requiring additional local revenues,the project will limiting Site Factor NA negotiate with the service provider to determine the contribution level necessary to cover the costs directly ettrlbulabiu to Me project. 3. Provision of Open Space: Developers will dedicate open space,Initiate land trades withi the RUA.or provide cash-in-lieu when open space opportunities are not available in deal Establish ways to have a common proportionate impact fee among the multiple open space locations.In lieu of the preservation of land for on site common open space, Metropo Metropolitan Planning Area. South Weld County region,perhaps within as of the subcash-in-lieu-i the of common open space option oon of the Board of utlined in SectionT-6-80.5 Commissioners,the 1.cant may Uffizi 8,with terms d in Chapter 27,Article II.of the Weld County Code.This option shall be outlined in the Ski 3. Embedded Community Facilities in Neighborhoods:Locating schools,a library,and sheriff Plan Application to the Department of Planning Services. and fire satellite stations within the community are hallmarks of the charter the Dry Creek RUA seeks 10 create.They are desired land uses that improve the sense of safety and overall 4. Preservation and Interconnectivlty of Open Space: desirability of the community. a) The Recreation District and Developers should coordinate and encourage tI 4. Regional Cooperation:Cooperation or consolidation of urban services among the county, preservation and creation of a continuous,interconnected,and permanent special districts,and private developers is encouraged,when appropriate,to avoid duplication of open space that capitalizes on natural and man-made features and and overlapping costs to establish a satisfactory level of quality,quantity and dependability of Incorporates sensitive and critical habitat such as streams corridors,flootlp hose services. irrigation canals.reservoirs,ponds,and wetlands. a. Development in the RUA should participate In joint planning with the county and b) Development within the RUA should dedicate and protect natural open spa service providers to coordinate a timely,orderly,and efficient arrangement of that incorporates sensitive and critical wildlife habitat in a variety of forms, public facilities and services. including large patches,condors,butters,and linkages,and will dlscourag unusable patches of open space. D. Development should work cooperatively to the mutual benefit of the new residents and the public service providers through the use of such mechanisms as IGAs, c) Patches of open space should be linked together via open space corridors adequate width to protect sensitive species and allow for genetic diversity 5. Utilize Existing Capacity:Development requiring urban services and facilities should be located species movement.Creation of Isolated or small patches of open space or where services are currently available or reasonably available.when additional capacity is habitats that are inaccessible or unusable for wildlife is discouraged. available with existing facilities,then the Dry Creek RUA will work in partnership with the service provider to appropriately and efficiently utilize what is already available. 5. Emphasize importance of Habiortat: Dee eapment of a parks and trans system should arc Ql neg impacts to 6. 0o-location and Shared Use of School Facilities with Civic or other Community Uses:When appropriate,co-location or shared use of schools with other civic uses such as a public library, 6. Management of Open Space:The Recreation District or other approved entity should fur • fine arts center,senior center,health clinic,community college branch,recreation facility,or develop an open space management plan that addresses the restoration.enhancement, public pan can create more walkable and Integrated neighborhoods and should be operations and maintenance standards of open space,and balances the level of public I encouraged, open space with the sensitivity of the wildlife/habitat resources and goals for protection those resources.The Recreation District or other approved entity should collect fees as ]. Co-location and shared Use of School Facilities as a mechanism to offset cost of public service necessary and provide adequate funding to support the open space management plan. provision:co-location of Civic and or Community Uses should be promoted within the Dry Creek RUA because it can reduce cost of service for all agencies involved. Such co-location T. Enhancement of Open Space:the restoration and enhancement of open space and wat can more efficiently utilize public funding and offset some public school consW Cllon costs resources is encouraged in order to provide a diversity of water-based active and pass( through cost-shsnnti by different oublPC agencies. recreational opportunities as wen as wildlife habitat. a. Create a Visual and Attractive Environment. Development within the RUA should provide a A. POLICIES: natural appearance and configuration of graded land forms in open space and stormwater and 1. Compatibility with Existing Comprehensive Plan Goals and Pollees: Protect drainage facilities to create aesthetic non-engineered appearance of community features and Preservation of Limiting Factor Areas are consistent with those outlined Article II Land Use Categories,Sections 22-2-10 and 22-2-20 of the Weld Cu Sec.2 4-90. Buffer Condltlone. Comprehensive Plan, A. The goal for designated Butter Condition areas within the Dry Creek RUA is to protect the public health, safety,and welfare of land developed in the Dry Creek RUA and protect the economic viability and long 2. Consider Agriculture Water Delivery:New development will recognize and term sustalnabllity of the surrounding agricultural and oil and gas industries.The Dry Creek RUA Is in a accommodate the traditional and future operational viability of existing water developing and changing area with significant existing agriculture and oil and gas Industries.Certain delivery Infrastructure.Water and the irrigation delivery systems need to be urban land uses,because of their character and intensity.may create an adverse Impact on less intensive regarded as a critical component of the agricultural heritage and continued and varied adjacent land uses and negatively impact the economic viability and long-term surtainablllty productivity of the land. of surrounding oil and gas industries.Alternatively,the noise and dust that can be associated with more rural uses,such as agriculture and oil and gas production and distribution,can adversely affect public health, 3. Compatibility with"Right to Farm":Respect the continuation of agricultural II safety,and welfare of surrounding urban de✓elopment.Accordingly,the following policies are established to uses and operations in the area surrounding the RUA.Farming and ranching protect and preserve the appearance,character,and value of property within the RUA and buffer adjacent operations in Weld County are important businesses that require land prepay more rural uses from the adverse urban development of the RUA. burning,planting,and harvesting that can cause nuisance dust,otectionabi odors,noise,and smoke. Maintain Weld County's"Right to Farm-policies,' B. POLICIES: protect farmers and ranchers from nuisance and liability lawsuits and enable 1. Screen or buffer between incompatible adjacent land uses: All land within Suburban them to continue producing food and fiber. Residential areas within the Dry Creek RUA that Is directly adjacent to an existing rural or agricultural use and is not separated by a road right-of-way,and where"Buffer Condition"is Sec.24-4-130. Archeological,Cultural and Historic Resources. noted in Appendix 26-S Dry Creek RUA Map,need to be evaluated based on the Intensity of It is a goal to preserve and protect archeological,cultural,and historic resources within the Dry Creek R land uses and the intensity of the landscape treatment proposed.One or more of the four basic variables in butter design should be used. Distance,plant material,plant density,and land A. POLICIES: forms should be employed to ensure that incompatible land uses are adequately buffered and 1. Compatibility with Existing Comprehensive Plan Goals and Polides: Protect screened and Preservation of Limiting Factor Areas need to be consistent with those outlined in Section 22-5-110.F(Article V Natural Resources)of the Weld Cou 2. Transition from higher density urban uses to rural uses through lower density development: Comprehensive Plan, Where Indicated,lower density Estate Neighborhoods have been cited In Appendix 26-S Dry Creek RUA Map,These Estate Neighborhoods have a lower density and are more rural in 2. Compatibility with OAHP Regulations:Developers will contact the Colorado character and allow for a more gradual transition to existing rural and agricultural uses. of Archeology and Historic Preservation(OAHP)regarding the preservation a protection of any potentially significant archeological,cultural.or historic arti 3. Butler or screen between development and oil and gas operations areas:A landscape buffer encountered during construction. should be employed for the outer 50 feet of the setback from an di and gas well or operations area,This buffer area may be used for underground utilities.sidewalks,trails,parking.and must Sec.24-4-140. Landscaped Medians and Roadsides. be landscaped with grasses.vertical landscaping or shallow-rooted landscape. It is a goal for within and around the Dry Creek RUA that major roadways,along with the greenway connection proposed along County Road 4,play an important role in the function and image of the Dry Creek RUA. Sec.26-4.100. Common Open Space. major arterials and County Road 4 should Incorporate landscape design features.The following design policies reiab Al developments within the Dry Creek RUA shall also preserve a portion of the site as common open space the visual quality of these roadways. above and beyond the areas that have been delineated in Appendix 26-S Dry Creek RUA Map. A. POLICIES: A. DEFINITION: Common Open Space Is defined as any usable parcel of land or water eesentiaii 1, Integration of Roadside Planting:Plantings along road rights-of-way shall be unimproved and set aside,dedicated,designated,or reserved for future public or private use or integrated with the rest of the site. enjoyment,or for the use and enjoyment of owners or occupants of land adjoining or neighboring such an area.Common Open Space shall be freely accessible to all residents 2. Landscape Setbacks along County Road 4:A minimum landscape setback and property owners of a development.Common Open Space shall not be occupied by County Road 4 should be established and significant landscape treatment s buildings or structures other than those in conjunction wall the use of open space,roads,or be proposed for any development along County Road 4 to ensure that Cour parting,nor shall It include the yards or lots of residential dwelling units required to meet Road 4 has a green character and functions as a green connection between minimum lot area or parking area requirements. Creek Corridor and the rest of the RUA. Sec.26-4-110. Parka And Recreation. 3. Compatibility with Existing Zoning: Required landscaping and screening call All Planned Unit Developments(PUDs)within the Dry Creek RUA shall also preserve a portion of the site as the landscape setback and other portions of the property shall be governed Parks and Recreation,above and beyond the areas that have been delineated in Appendix 26-S Dry Creek RUA Map. The landscape standards requirements contained in Chapters 23 and 24 of the 4 goal for Parks and Recreation within the Dry Creek RUA Is to provide high-quality,strategically placed parks and recreation County Code. facilities for present and future residents 4. Screening of Adjacent Uses through Landscaping Beaming and Clustering:I A. POLICIES: adjacent to Weld County Road 21 and Weld County Road 4 should be scree 1. Compatibility wan Existing Comprehensive Plan Goals and Policies: Goals and from Weld County Road 4 and Weld County Road 21 through best practice • policies regarding Parks and Recreation are consistent with those outlined in landscape treatment including,but not limited to,landscape berthing,berm. Article V Natural Resources,Sections 22-5-40 and 22-5-50 of the Weld County tree clustering,fences,and high-intensity planting. Comprehensive Plan. 5. Maintenance: Maintenance of landscaping in landscaped medians and air 2, Compatibility with Existing Zoning Standards:Common open space shall be roadsides shall be by a metropolitan district or omen approved entity, delineated in the Sketch Plan phase of the and use process and meet the Code.performance standards established in Chapters 24 and 27 of the Weld County Sec.24-4-150. Transportationry and Circulation. Code. Within the Dry Creek RUA,h is a goal to create a transportation network serving the Dry Creek RUA the unifies and rated with state,county,city,and community transportation provides systems.The transportation network sht 3. Diversity of Pants:Parks provide opportunities for active and pry Iva recreational bean Integrated system of streets,sidewalks,trails,and bikeways that p for optimal movement of people,bk experiences within the community.They reinforce a sense of community by and automobiles within the community to and from adjacent streets,developments,and uses. providing places for members of the community to gather.Interact and exercise. Parks also enhance a community's image and quality of tae.A comprehensive A. INTENT As transportation demands Increase in the wry Greek RUA,the need to preserve park system should Include the following: functional Integrity and and hierarchy of the existing roadways and provide new roadway cape will become increasingly Important.The purpose of this section is to provide for the plans N Neighborhood Parks Pocket parks are small parks Mat are design,and rs 22, 3.24.On Improvements to new and axe.ng roadway facilities consists provided by. developer of a subdivision and maintained by the with Chapters 22,23.24,and 27 of the Weld County Code.These standards seek t0 pro, development.Grey provide opportunities for passive outdoor a certain level of performance for the transportation rt network serving the Dry Creek RUA. recreation at a sub-neighborhood scale.They are ideally located Consequently,a a can be shown that an alternate design,material,or procedure will pray wwithin 0.25 mile of the residences they are Intended to serve and performance equal to,or better than,the required design,material or procedure,that site, may Include lawn areas,picnic shelters and fades,play equipment, may be approved by the Director of Public Works. artwork,or other amenities that are appropriate for the B. POLICIES: demographics and types of activities that the neighborhood may 1. Circulation System: desire. b) Local Parks-Neighborhood parks provide places for informal a) The proposed 26-5 Dry Creek RUA Map ttransportationIon system The transporta ion network reflects recreation and gathering places within walking distance of most a road hierarchy,from a major arterial that serves both the regi residences(0.5 mile).May include multi-use lawn areas,picnic and local traffic with higher speeds and capacities with control areas,playground equipment.restrooans,drinking fountains,small private access,to a collector that serves local traffic and provl' court games,community gardens,and recreational fields and access to future development.The proposed hierarchy of road facildies,as appropriate. Includes both reconstruction and/or widening of existing roads alignments for new reads.The transportation network also ide ci Community Parks-Community parks serve multiple neighborhoods locations of future traffic signals and roundabout intersections. typically within 1 to 1.5 miles)and are focused on the recreational roadway classifications and circulation will be determined bast needs of the whole community.They provide opportunities for self upon the results of the Traffic Impact Analysis and the"Master directed and programmed recreational activities,as well as Transportation Plan." community events and gatherings. The creek RUA cross s are identified in 4. Accessibility of Parks:Parks and recreation facilities provide an adequate range b) Dry Creek RUA Street Sections,These standards delineate p rig' of active and passive recreational opportunities to meet the needs of a wide way,lane configurations,median treatment,bike lanes.and array of citizens. Special emphasis should be placed on ensuring that residents pedestrian sidewalks.Roadway classifications may change as have access to neighborhood parks and recreation centers within walking development In the Dry Creek RUA area occurs.Roadway distance of their homes. classification may be reevaluated by the Director of Public Wr based on the results of a traffic impact analysis. a) Development within the RUA should centrally locate recreation centers and other facilities that serve large numbers of people on c) When proposed development within the Dry Creek RUA irigge sites with visual and vehicular access from major roadways,direct need for construction of on-site or off-site transportation, trail connections,and provisions for future transit. commitment to construct the needed Improvements and Iundl for engineering design,right-of-way acquisition,and all constn b) Development within the RUA should design neighborhoods that costs for those Improvements shall be Secured and guarantee integrate parks,trails.and recreational facilities with utility the developers or districts of the Dry Creek RUA,their succes infrastructure and transportation systems such as detention basins and assigns,prior to approval of any renal Plat. that serve as athletic fields when not flooded. • 2. Traffic Impact Analysis:All imps cant developments within the Dry Creek RUA area shall cj Development within possible. RUA shoed organize and conjoin parks, required to prepare a traffic impact anaiyvel at the time of the Sketch Plan applicatgn.A trails,open space with schools,churches,and other quasi-public analysis information and reports shall be prepared and certified to by a registered protest land uses,where possible,to create layer,more contiguous peaks engineer competent in traffic engineering.The intent of this analysis is to determine the and open space network. project's cumulative development Impacts,appropriate project mitigation,and improvam necessary to offset a specific project's impacts.The County will require the developer to Sec.24-4-120. Agriculture. a proportionate share of the casts of said Improvements through an Improvements agree The goal for agricultural uses within and nearby the Dry Creek RUA is to preserve agricultural productivity The developer will be responsible for all pertinent road Improvements,This may include and values, mprovements required outside the Dry Creek RUA due to development within its bounda traffic Impact analysis shall contain,at a minimum,the following Information: Board of County Commissioners. a) Introduction:Describe the proposed development and parameters of e) Signage and Striping:All signage and stripping within the Dry Creek RUA are the study area. shall comply with Manual on Traffic Control Devices(MUTCD). • b) Existing Conditions:The street capacity standard In the Dry Creek 4. Transit:As development occurs,the feasibility of a public transit system In the Dry Creek RUA Is Level of Service C and the intersection capacity Is Level of area should be examined. Service D. Sec.244-180. Trails: t. Conduct e.rrt and p.m.peak-hour turn movements and average It is extensive goal that,within and around ine Dry Creek RUA,that the Iren to all tlon antl Circulation system sh daly traffic couaafor Intersections and links wlihin the study areaIf providehb anoodstc network of neighborhood,and local,and regional trails open to all types of non-mMOnzed travel there are no available counts collected within the previous twelve link neighborhoods to community features a the region.A Pedestrian friendly,oft-street trails system is encourage (12)months. that provides a positive experience with areas of interest along the trail routes.Trails should provide reasonable accommodation and access for people of all ages and abilities. II. Conduct a peak-hour intersection level ofservice analysis for the intersections. A. INTENT Provide for an extensive network of neighborhood,local,and regional trails open types of non-motorized travel that link neighborhoods to community features and the reel, in. Determine whether the existing daily traffic volumes exceed the arterial daffy volume standards as identified In the RUA street B. POLICIES: standards for major arterial,arterial,secondary.collector and local streets presented in Appendix 26-T,Roadway Cross Sections.These 1, Regional Integration:Encourage facilitatedtotted coordination between jurisdiction standards delineate right of way,lane configurations,median between private and public entitles to integrate ee RUA Regional Trails,sho treatment,bike lanes,and pedestrian sidewalks. Colorado 26-S Dry Creek RUA Map,with other regional trails,such as ire Colorado Front Range/South Platte River,Saint Vrain,and the Big Dry Creek c) Cumulative Conditions: 2. Trail Interconneclvlty:Develop an interconnected network of neighborhood I I. Identify previously approved or anticipated developments that may local trails within the community and web nearby jurisdictions that will also affect the study area's circulation system. provide connections 10 regional trail systems. II. Generate,dl9ribute,and assign traffic to the existing roadway 3. Minimize Conflict with Plant and Animal Habitat:To the extent possible,trail! network. should be located,configured,and set back from natural creeks or water bo so that recreational use will not significantly Impact native plant and animal iii. Determine annual growth rates and project future traffic volumes for habitat. the time frame corresponding to project buildout. 4. Universally Designed:Create pedestrian friendly,off-street trails that provide iv. Identify funded circulation improvements.both public and private, positive experience with areas of interest along the route and provide reasor that will be constructed prior to the proposed development's accommodation and access for people of all ages and abilities. occupancy. Sec.24-4-170. Infrastructure. v. Conduct a peak-hour intersection level of service analysis and it is a goal within the Dry Creek RUA that the use of centralized water and sewer systems be promoted compare daily volume forecasts to street standards assuming for development in a consistent manner with the Weld County Comprehensive Plan.These systems should be capat cumulative developments,annual growth rates,and funded of complying with all regulatory standards for potable water and wastewater discharge.These systems should be se improvements. sustaining and able to fund the initial,operational,and long-term replacement Infrastructure required to maintain sen vi. Determine mitigation measures to offset cumulative conditions it the A. Promote the use of renewable water sources within the capability of the wafer service level of service exceeds the Dry Creek RUA area standards. provider Renewable sources should be encouraged,in order to reduce the consumption finite water supplies such as groundwater: d) Trip Generation:Determine daily and a.m.and p.m.peak-hour trip generation for the proposed development,using established rates identified In the Trip e. Promote Water Conservation. Promote water conservation within the capabilities of the Generation Manual published by the Institute of Transportation Engineers,or as and sewer providers,and apply water conservation in a manner that Is compliant with all agreed upon with County staff. regulatory standards, e) Trip Distribution:Based on assumptions contained In the Dry Creek RUA area C. Encourage dual-pipe systems.Encourage a dual-pipe system to reduce the consumption traffic analysis or market estimates,describe the anticipated trip distribution potable water and promote high effluent standards for wastewater treatment facilities. patterns for the proposed development. Treatment facilities should maintain a high effluent standard to maintain water quaint, throughout the area's watershed. Proposed development within the RUA should be S Trip Assignment:Based on the projected trip generation,assumed trip discouraged from using septic systems. distribution,and the prevailing roadway network,assign the projected traffic to the • intersections and streets within the study area. Existing+Committed+Protect(E+C+P)traffic Volumes and Level of Service'. D. Setbacks and Design of Oil and Gas Facilities,Development should be set back from oat gas wells for safety reasons. Development should seek ways to make these buffered area g) attractive and useful as possible. Mitigation of oil and gas wells through color.profile,ani visual screening is encouraged,and the use of low profile tanks as new wells ere establisi I. Add project a.m.and p.m.peak-hour and daffy traffic volumes to recommended. existing plus committed traffic volumes. Minimize Impact of Utility Transmission and Distribution Systems.Utility providers and il. Conduct intersection level of service analysis and determine whether easement holders need to ensure that electric,natural gas,petroleum,and other genereti daily traffic volumes exceed street standard thresholds. distribution,pipeline and storage facilities ere located in a manner that Is safe,envlronme sensitive,and minimizes aesthetic impacts.Lines will be required to be placed undergrou h) Signal Warrant Analysis: the maximum extent feasible. t. Using the American Association of State Highway and Transportation Officials F. Respect Surface and Mineral Owner Rights. Respect the rights and uses of surface owns (AASHTO)Manual on Uniform Traffic Control Devices,or other adopted standards, and oil and gas mineral owners and operators. Developers within the RUA should determine whether proposed Intersection volumes exceed signal warrants for communicate with oil and gas mineral owners and operators to develop surface use those locations on the transportation network where signals are proposed. agreements that accomplish cohesive development of the surface in the RUA that respec both the rights and uses of surface owners and the rights and uses of oil and gas mineral I) Access:Projects Involving access to the state highway system shall Indicate owners and operators. appropriate conformance to the latest revisions of the Slate Highway Access Code.The report shall discuss how the proposed development meets the access G. Mitigate Impact of On and Gas Operators on land development.Surface Use Agreements control guidelines. between developer and olVgas operators should be used to allow current and future development of oil and gas resources that minimizes the impacts on land and land use. I) Mitigation Measures:Mitigation measures will be implemented to provide the Methods employed by oil and gas operators and/or land developers to accomplish concr needed Improvements to offset project impacts as determined by the traffic development of the surface,along with oil and gas minerals,shall be in compliance with impact analysis. Colorado Oil and Gas Conservation Commission rules and regulations and with Colorado Senate Bill 07-23]provisions,and may Include,but is not limned to,centralizing explorat 3 Design Standards, and production facilities,clustering wells,constructing alternative structures and landsce 10 mask wells and equipment.directional drilling,installing low-profile or compact equips a) General Design Standards:All development within the Dry Creek RUA area shall locating drill pads in commercial or industrial areas,and using existing service roads and comply with Chapters 8,22,23,24,and 27 of the Weld County Code and the Colorado State Highway Access Code,2 CCR 601-1.Consistent with the H. Facilitate ongoing communication between oil and gas operators and developers. As urban-scale development standards in the Dry Creek RUA areas,all driving development progresses over time,ongoing communication with operators and develops surfaces and parking areas for commercial and Industrial development shall be should continue to address the challenges end issues and develop solutions,so that oil a paved according to geometric and road structure design standards. gas development and residential development may proceed concurrently over the years i conserving land and water quality. b) Geometric Design Standards:Geometric design for streets and roads shall be in accordance with Weld County Engineering and Construction Criteria and with I. Promote integrated and environmentally sensitive design,conservation and reclamation A Policy on the Geometric Design of Highways and Streets,published by the practices,such as: American Association of State Highway and Transportation Officials(AASHTO). Specifications,standards or design criteria,published by other governmental 1) Practices that maximize the use of renewable resources,reduce water ag encies.professional organizations,or generally accepted authoritative sources. consumption,and provide the greatest end value and aesthetics of the land ma y be used In geometric design.All specifications,standards,or design criteria shall be referenced and copied as part of the submittal information. 2) Conservation of water resources in the landscape through the use of native xerisczpe principles and non-potable water for landscape irrigation. c) Road Structure:Structural capacity shall be designed in accordance with the Guide for Design of Pavement Structures,published by AASHTO. Specifications, 3) Low Impact development that retains the water that falls on the site and 0LP standards,or design criteria published by other governmental agencies, beneficial use. professional organizations,or generally accepted authoritative sources may be used In design. All specifications,standards,or design criteria shall be referenced 4) New development that is set back from oil and gas wells for safety reasons and copied as part of the submittal Information.All roads shall adhere to the Weld make the oil and gas facilities and buffer areas as attractive and useful as County Engineering and Construction Criteria and with the standards set forth in possible. Chapter 24,Article VU,of Wed County Code. Sec.24-4-180. Drainage. 0) Structural Road Improvements:Adjacent roadways shall be designed to meet A. The purpose of the Stormwater and Floodplain Management portion of the Dry Creek RUA is to prone Required improvements may also include the acquis • the full typical section specified In the County Transportation Plan and Chapter the health.safety,and welfare of the public,protect adjudicated waters for the use of downstream oral 24 M the Weld County Code. For example,Improvements may include the rights holders,preserve the viable and productive use of agricultural lands,promote the equitable, construction of travel lanes,shoultlers,bike lanes,metllans,curb,gutter and acceptable and effective use of land,and meet the requirements of Colorado Drainage Law.Developn sidewacquisition of right of within the Dry Creek RUA shall adhere to the Weld County Storm Drainage Criteria,at ounently adopt way and construction easements that will be dedicated to the public. by the County.These criteria have been adopted in order to provide minimum standards to preserve I Improvements attributed to the development shall be consistent with the direct protect the public health,safety,and general welfare In the unincorporated lands of the County,pursui impact a particular development has on the County road system as determined authority granted by Part 4 of Article 15 of Title 30,and Article 35 of Title 30,C.R.S.These criteria are by a professional transportation study.The road improvements agreement and designed to provide storm drainage best management practices to accommodate the unique charactr roadway construction plans shall be considered for approval by the Weld County of the County. All submittals for development within the Dry Creek RUA shall include the Information I the Weld County Storm Drainage Criteria. RUA must obtain a general and/or specific Stormwater Discharge Permit as appropriate to the situation if any discharges of B. The policies setforth in this document for the Dry Creek RUA are intended to define the responsibilities of stormwater into receiving waters are anticipated or proposed. the developers within the RUA to best manage this area as a new urban corridor.These policies are designed for the commitment to preserve the natural beauty of the region,without hampering its d Site developers and/or construction contractors must obtain. development potential.By preserving prime Irrigated agricultural land for local farmer use and designating a develop,and manage a Stormwater Management Plan(SWMP). variety of land uses for commercial,industrial,and residential functions,the natural landscape of South Weld adhere to any reporting requirements,and make said plan available • County and the need for economic development will be blended to create a mixture that will serve the region mall employees and CDPHE. for years to come. Sec.24-4-200. Wildlife. 1. Promote runoff control:Protect runoff control measures that minimize Impacts due to changes Development within the Dry Creek RUA should preserve and protect wildlife,and enhance wildlife habitat. n land use,including preservation of the existing hydrology to the extent practical as related to quantity,rate,and timing. A, POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Protection a) Minimize the creation of impervious surfaces and preserve open space to the and Preservation of wildlife needs to be consistent with those outlined in Section extent practical. 22-5-10(Article V Natural Resources)of the Weld County Comprehensive Plan. b) Encourage Low Impact Development and other Conservation Design principles in 2. Compatibility with federal and state laws for threatened,endangered,and future land use changes. candidate species:identify,preserve,and protect cr lical habitat of federally listed threatened,endangered.candidate species(i.e.."Critical Habitat"),and c) Encourage best management practices(BMPs)and runoff Infiltration to the extent unique nesting,breeding.or spawning areas of state listed species of special practical. concern(i.e.,"Sensitive Habitat"),and abide by the following federal and state laws governing their protection: dl Encourage no Increase in runoff volume related to changes In land use by creative a) U.S.Endangered Species Act(ESA) use of native vegetation,trees,and the concepts in the p0Cie5 above. b) U.S.Migratory Bird Treaty Act(META) e) Consider hydrologic timing of discharge to avoid coincidental flood peaks. 01 U.S.Bald and Golden Eagle Protection Act(BGEPA) d) Colorado Non-game,Endangered or Threatened Species 2. Protect water storage and conveyance:Protect existing and future water storage.conveyance, Conservation Act and delivery infrastructure of water rights holders while promoting beneficial uses of excess 3. Compatibility wit state wildlife statutes:To the greatest extent passible, stormwater runoff through sustainable development,conservation design,and best development within the RUA should preserve habitat that provides essential Ile management practices. requisites of food.water,cover,and space,and adhere to slate statutes and a) Maintain"first In time—first use"water rights. regulations regarding general game and non-game wildlife that are not afforded greater legal protections by the county,state or federal governments. b) Encourage incorporation of water conservation Into future land use changes. 4, Honor Existing Usual Natural Amenities:Conserve mature trees that add lnnovative uses of excess stormwater once initial water rights character to the community and provide habitat for wildlife.Support the c) Encourage g conservation of mature trees and native species to the extent possible and obligations are met. encourage the incorporation of these features as amenities In future neighborhoods. Invasive species should not be preserved. 3. Surface Water Treatment: a) Treat Surface runoff through water quality measures or to discharge to streams Sec.2442 Development Vegetation.menwit 9 prior Deveee n the Dry Creek RUA should encourage healthy and diverse native plant communities am and rivers during and after construction activities. preserve and protect unique plant species. b) Control erosion and sedimentation due to wind and water to the extent practical A, POLICIES: and in accordance with the National Pollutant Discharge Elimination System 1. Compatibility with Existing Comprehensive Plan Goals and Pollcles: Protection (NPDES). end Preservation of Unique Plant Species need to be consistent with those outlined in,Section 22-5-10(Allele V.Natural Resources)of the Weld County c) Reduce point and non-point source discharges of pollutants through the use of Comprehensive Plan. non-structural and structural BMPs. a) Compatibility with Federal ESA Act:Identity,preserve,and protect 0. Promote the preservation and enhancement of aquatic resources,riparian corridors,wetlands critical habitat of federally listed threatened,endangered,candidate and wildlife habitat. plant species(i.e.."Critical Habitat")in accordance with the ESA. 5. Provide recreational,aesthetic and functional use of natural water resources. 2. Compatibility with state threatened and endangered plant species:Identity, preserve,and protect critical habitat of State-listed threatened and endangered 6. Minimize flood danger:Protect human life,health,safety.and property,including buildings, plant species(i.e.,"Sensitive Habitat"). • public facilities,utilities and mineral rights,from the hazards and associated costs of flood damages by promoting regulations that reduce the risk of flooding. 3. Compatibility with Federal Plant Protection Act/Colorado Noxious Weed Act an Colorado and Weld County's Noxious Weed Management Programs:Encourage a) Reduce and repair stream bank erosion through sound engineering design.fluvial the eradication,control,containment,and management of noxious and resirlcter geomorphologic principles and"living river'concepts. weeds in accordance with these Acts and programs. b) Assure that changes in land use do not result in unstable conditions that may lead 0. Promote the use of diverse and adapted plant species:Table cross sections are to stream bank instability or erosion, identified In Appendix 26-G Adaptable and Native Planting List,This list is a partial Ilst of plant material that are native or adapted to Colorado%Front c) Preserve the flood carrying capacity and volume of the existing floodplain. Range.This is not an all-Inclusive list and is Intended only to act as a general resource. New plant materials are being made available on a commercial basis d) Comply with the National Rood Insurance Program(44 Code of Federal and local nurserymen are a valuable resource when trying to determine the Regulations 59-75,as amended),which provides eligibility for federally subsidized appropriateness and adaptability of plant material to a particular location. flood Insurance. Amend Appendix 26-B-ATTACHED e) Establish a minimum Flood Protection Elevation of one foot above the 100 year Amend Appendix 28-C-ATTACHED Base Flood Elevation to reduce the risk of flooding of habitable structures. Amend Appendix 26-G-ATTACHED Amend Appendix 26-O-ATTACHED ). Encourage cooperation: Participate in,and encourage cooperation between,counties. Amend Appendix 26-S-ATTACHED municipalities,special districts,companies,and other governmental entities pertaining to Amend Appendix 26-T-ATTACHED regulations involving stormwater and floodplain management.coordinate construction activities with the ditch companies to avoid activities that may interfere with filling reservoirs during the BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby is,directed to spring. arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein. to coincide with chapters,articles,divisions.sections.and subsections as they currently east within said Code:and to B. Operate and maintain stormwater and floodplain infrastructure on a regular basis: resolve any inconsistencies regarding capfallzatlon,grammar,and numbering or placement of chapters,articles,division sections,and sub-section in said code. a) Provide long-term,legally binding operation and maintenance agreements for the continued operation of stormwater and floodplain infrastructure. BE IT FURTHER ORDAINED by the Board X any section,subsection,paragraph,sentence,clause,or phrase of this Ordinance is for any reason held or decided to be unconstitutional.such derision shall not affect the validil b) Require maintenance schedules as a part of all future land use changes as well as of the remaining portions hereof.The Board of County Commissioners hereby declares that it would have enacted this identification of parties responsible for operation and maintenance activities. 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 c) Provide suitable funding mechanisms to implement and maintain the above goals. unconstitutional or invalid. d) Prepare lair and equitable funding mechanisms that consider quantifiable impacts to the stormwater management system,such as Stormweler Utilities.Special Service Areas(SSAsI.and/or Special Districts. NOTICE Sec.24-4-190. Groundwater. PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2010-1 published above,was introduced and/o Proposed development within the Dry Creek RUA should preserve,protect,and improve groundwater motion duly made and seconded.approved upon first reading on July 12.2010,A public hearing and second reading is aquifers and local areas of high groundwater. scheduled to be held In the Chambers of the Board,First Floor Hearing Room,915 10th Street,Greeley,Colorado 8063' on August 4.2010.All persons in any manner interested in the reading of said Ordinance are requested to anend and m', q. POLICIES: be heard. Please contact the Clerk to the Board's office at phone(910)336-7215,Extension 0225,or fax(970)352-0242 1. Encourage Best Practice Storage.Use.and Disposal of Hazardous chemicals: prior to the day of the hearing if,as the result of a disability,you require reasonable accommodations in order to particle[ The Dry Creek RUA water provider S encouraged to educate residents about in this hearing.Any backup material,exhibits or information previously submitted to the Board of County Commissioner, behaviors and consequences.and proper storage,use,and disposal of concerning this matter may be examined In the office of the Clerk to the Board of County Commissioners,located in chemicals,petroleum products,cleansers,fertilizers,pesticides,and any the Weld County Centennial Center.Third Floor.91510th Street,Greeley,Colorado,between the hours of 6:00 am.and other Solid and liquid household product or hazardous waste that could pollute 5:00 p.m.,Monday thru Friday.or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail surface water or groundwater,drinking water wells,fish and wildlife habitat,or the messages sent to an individual Commissioner may not be Included in the case file.To ensure inclusion of your E-Mt general health and welfare of public it unintentionally released into the correspondence Into the case file,please send a copy to egeslekece.weid.co.us. environment, SECOND READING:August 4,2010,at 9:00 a.m. • 2. Compatibility wth Federal and State Water rules:Development will be permitted THIRD READING:August 23,2010,at 9:00 am. and performed in accordance with Section 401 of the CWA,and the rules and regulations as administered by EPA and CDPHE. BOARD OF COUNTY COMMISSIONERS a) Contractors and residents will be required to adhere to the PDES WELD COUNTY,COLORADO and Colorado SPCC regulations. DATED:July 16,2010 b) Ste developers and/or construction contractors working within the PUBLISHED:July 22,2010,in the Windsor Beacon Your Local Newspaper Since 1896 01)0 1 ' nndsor Beacon STATE OF COLORADO ) 2.O!U ti''U i. 23 A is 38 ) ss:AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) Echo Villa ,being duly sworn,deposes and says that said is the legal clerk of the Windsor Beacon;that the same is a weekly newspaper of general circulation and printed and published in the town of Windsor,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said weekly newspaper for 1 Week; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the first publication of said notice was contained in the issue of said newspaper on Thursday July 22,2010 that the last publication thereof was contained in the issue of said newspaper on Thursday July 22,2010 that said Windsor Beacon has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above • referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879,or any amendments thereof;and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the of the State of Colorado Cadfle,kJ Legal Clerk Subscribed and sworn to before me, within the County of Weld,State of Colorado this Wednesday July 21,2010 My C §iF;tt ixper /� //3 fl >fl ( 4u` Notary Public PUBLIC. Weld County Clerk to the Board pF*�OQP 915 10th St Greeley Co 80631 Acct #346067 Ordinance 2010-1 • WELD COUNTY CHAPTER 28 RUA CODE ORDINANCE 2010-1 Add the following: IN THE MATTER OF REPEALING MID REENACTING,WITH AMENDMENTS,CHAPTER 22 COMPREHENSIVE Article IV PLAN, CHAPTER 26 RUA,OF THE WELD COUNTY CODE Dry Creak RUA BE NED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF Sec,26-4-10. Development Standards. COL A. A framework plan for the Dry Creek Regional Urbanization Area(RUA)is established to pro a foundation and general guidance to enable the County and its citizens to make appropriate decisions i WHEREAS,the Board of County Commissioners of the County of Weld.State of Colorado,pursuant to Colorado garding future development within the specified geographical area.It represents a vision of what the Dry statute and the Weld County Home Rule Charter,is vested with the authority of administering the affairs of Weld County, Creek RUA could look like over the next 20 years and is supported by specific land use goals and police Colorado,and The following sections outline the framework plan and how it will be used to guidefuture g in the Dry Creek RUA. WHEREAS,the Board of County Commissioners.on December 28.2000,adopted Weld County Code Ordinance 2000-t, enacting a comprehensive Code for the County of Weld,including the codification of all previously adopted ordinances of B. The proposed Dry Creek RUA is located in one of the fastest growing areas of both Weld a general and permanent nature enacted on or before said date of adoption,and County and the Denver Metro Area,near the developing growth areas of the 1-25 and U.S. Highway 85 corridors. Surrounding municipal populations am increasing quickly,and amp WHEREAS,the Weld County Code is in need of revision and clarification with regard to procedures,terms,and mem and retail opportunities are moving to the area at an accelerated rate.The Dry Creek requirements therein,and is an effort to ensure that future development is compatible with the existing and future character of the region.Future development shown in Appendix 26-S Dry Creek RUA Map WHEREAS,Section 22-1-150.812 of the Weld County Code provides standards for review of the creation of a Regional conform with the goals and policies outlined in this section,as well as all policies and regu Urbanization Area(RUA),and liacns tions,and und fn all otherapplicablportions 22 Meld of tComherehensive Weld Countty Code zoning and subdivision n WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits Sec.26-4-20. Intent. and evidence presented in this matter and,having been fully informed,finds that this request shall be approved for the The intent of the Dry Creek Framework Plan and resultant Goals and Policies is to expedite the planning review process by cleady outlining the expectations for future development within the area.To this end,the principles following reasons: defined in the Framework Plan and Goals and Policies seek to ensure that new development is consistent with the 1. The submitted materials are in compliance with the application requirements of Section 22-1- County's overall vision,the surrounding context.and in accordance with general RUA Goals and Policies outlined in t 150.85 of the Weld County Cade. Weld County Comprehensive Plan.The framework plan and Goals and Policies within this application are intended to specific and clear enough to guide development,but not 10 preclude creative design solutions.The Dry Creek RUA 5 2. It is the opinion of the Board of County Commissioners that the applicant has shown tempi) to create an integrated community that balances development with riparian corridors,oil and gas production,and the ance with opinion Section the Board of C of the Weld County Code as follows: agricultural heritage.The framework plan seeks to ensure that future RUA development fits into the contextual chars( and planning efforts of the surrounding area while creating an attractive Irving and working community. a. Section 22-1-1508.12a-"The existing Comprehensive Plan is in need of revision gen.26-4-30. Maximum Work and Living Population. as proposed." Appendix 26-C outlines the maximum number of people who are projected to live and work in the RUA 0. and the maximum non-residential uses.The projected population of the Dry Creek RUA is between 6,500 and 19.70C Section 22-1-150B.12.b-"Social.economic or land use conditions of the Count y people and between 2,200 and 6,600 dwelling units.Non-residential uses in the RUA am projected to be between 66 have changes,if applicable,that would support amending the Comprehensive sq.ft.of Gross Floor Area(GFA)and 18),000 sq.ft.of GFA.These non-residential uses include,but am not limited to Plan." small neighborhood retail and civic uses.These uses are projected to employ between 130 and 373 people(excl siw school employment).Including school employment,between 218 and 605 people would work within the RUA,as cur c. Section 22-1-150.B.12.c-"The proposed amendment Ml be consistent with projected. existing and future goals,policies and needs of the County" Sec.26-4-40. Service and School Provisions. d Section 22-1-150.8.12.d-"In the case of any amendment to the Regional Urban Appendices 26-B and 26-0 outline the agencies that will provide services and education and the Dry C Ization Area:" RUA school facilities requirements.found 20%of the Dry Creek RUA is within Brighton 27J School District:80%of boundary is within Fort Lupton Weld County 8.The RUA population projections would justify approximately three(3) 1) Section 22-1-150.B.12.d.1-"The proposed amendment inclusion schools and one(1)high school.The general locations of these schools are depicted in Appendix 26-S Dry Creek RL into the Regional Urbanization Area Land Use Map or modification to Map and are generally located along Weld County Road 4,which 6 envisioned to be a green parkway linking Big Dry the existing land use classification as outlined on the Regional Creek with the Bremner Irrigation Ditch to the east. Urbanization Area Land Use Map has one-sixth(15)contiguity with the existing Regional Urbanization Area Land Use Map boundary." Sec.26.4-S0. Dry Creek RUA Generalized Planned Land Use Categories. A. The goal of the overall Dry Creek RUA Framework Plan structure land use categories is to establish a hi 2) Section 22-1-150.B.12.d2-The proposed amendment will address nious design that protects and enhances the value and character of surrounding land uses by atbactin( the impact on existing or planned semi clean and ten-polluting land uses to the community and minimizing obstruction of the view of others tb capabilities,including but not limited to,all utilities,infrastructure, the careful use of perimeter landscaping,screening,and buffering.The goal is also to discourage devel stormwater infrastructure and transportation systems. merit in hazard areas where a significant risk to life and property exist,such as in areas of Boodplain,the logic hazard,unstable soils,undermined areas,and steep slopes. • 3) Section 22-1-1 natural 2d 3-"The proposed amendment will address B. General Planned Land Uses. In the Dry Creek RUA,land use is grouped into four land use categoric. impacts on the natural environment" categories are conceptual and not intended to create vested property rights in the continuation of any h 4) Section 22-1-150.8.12.d.4-"The proposed land use is compatible titular use,district,zoning classification,or any permissible activity therein.The Land Use categories 5 f with the existing and surrounding land uses." follows: 1. Mixed Use Neighborhoods 5 Section 22-1-150.8.12.0.5-'The proposed number of new residents 2. Suburban Neighborhoods 3. Estate NSheFacto will fadequately served by the social amenities,such as schools 4, Limiting She Factors ists and parks of the commonly" Each land p category consistsdistinct lotluen.Thsecatand is matterdelinededa f Fram 6) Section 22-1-150.8.12 d.6-'Local,accessible employment o o guide and implement planned lgaud use development.zone iThese categories are dChapter ofd in the RUA From p oume dP Plan and are correlated to ha generalized 2tl districts, be defined o in r 23 i tl Cpecnry Coda Unities exist,and there is an integrated balance of housing and noted below.In all case,Chapters 23,24,and 27 should be consulted for clarification of specific requi employment" menu. )) Section 22-1-150.8.12.d.7-"The proposed amendment has demo C. Mixed Use Neighborhoods.The goal of Mixed Use Neighborhoods within the Dry Creek RUA is to tree strated that adequate services are currently available or reasonably higher density nodes proximate to major regional arterials that provide convenience goods and service obtainable." residents of the immediate area.Mixed Use Neighborhoods should be linked to transportation network minimize traffic and parking issues for the adjacent residents,while promoting compatibility between d 8) Section 22-1-150.9.12.dB-"Referral agency responses have been commercial and nearby residential areas. received and considered." 1. POLICIES: e. Section 22-1-150.8.12.a-"In the case of any proposed new Regional Urbaniz a) Higher Density Nodes:Mixed Use Neighborhoods are intended to provide a tin Area:" proximate,and higher densty activity areas offering convenience goods an( services to residents of surrounding neighborhoods.Environmental and was 1) Section 22-t-t50B1?e1-'The proposed amendment includes a related impacts are minimal. diversity of land uses and will address the impact on listing or planned service capabilities,including but not limited to all utilities, b) Properly Scaled:Nn-residential uses should be appropriately located and: infrastructure,stormwater infrastructure and transportation sy within easy access and integrated within the surrounding neighborhood con tents.' 0) Allowable Land Uses:Generally,commercial uses should be similar to the u 21 Section 22-1-150.B.12.e.2-"In the case of any proposed new described in Section 23-3-210,C-1(Neighborhood Commercial)Zone Distri Regional Urbanization Area,the proposed amendment will address including both the Uses allowed by Right and Uses by Special Review.Resi epnuses should be similar to those described in Section 23 3-130.R-3(Medan Impacts on the natural environment." Density Residential),and Section 23-3-140,R-4(High-Density Residential), 3) Section 22-1-1502.12.e.3-'stn the case of any proposed new including both the Uses allowed by Right and Uses by Special Review.Bott commercial and residential uses include but are not limned to,the following Regional Urbanization Area,the proposed land use is compatible with the existing and surrounding land uses." I. Stores and shops which fumish personal services and merchandise primadl proposed new intended for personal,family.or household purposes by the residents of the 4) Section 22-1-150.B.12.e4-"In the case of any in which the use is located. Regional Urbanization Area,the proposed number of new residents ii. Restaurants will be adequately served by the social amenities,such as schools iii. Schools and Public School extension classes and parks of the community." iv. Public Recreational Facilities,Community Buildings,Museums,and Librarie Police and Fire Station Facilities 5) Section 22-1-150 B.12.e.s-In the case of any proposed new R yj, offices gional Urbanization Area,local,accessible employment opponun vii. Utility Service Facility ties exist,and there is an integrated balance of housing and emplo Child Care Center many ix. Places of Worship Clubhouse and Recreational Facilities 6) Section 22-1-150.8.12.e.6-"In the case of any proposed new xi. Attached Dwelling Units Regional Urbanization Area,the proposed amendment has demo xli. Group Home facility strated that adequate services are currently available or reasonably ail). Foster Care Homes obtainable." • d) Serviced by Infrastructure:Mixed Use Neighborhoods will utilize public sew 7) Section 22-1-150B.12.0.7-"In the case of any proposed new water services. Regional Urbanization Area,referral agency responses have been received and considered" e) Compatibility with Existing Comprehensive Plan Goals and Policies: Devek of Neighborhood Mixed Use Centers should meet the goals and policies In NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld.State of Weld County Comprehensive Plan,Section 22-2-100(Commercial Develop Colorado,that certain existing Chapters of the Weld County Code be,and hereby are,repealed and re-enacted,with Goals and Policies),as well as the goals and policies in Section 22-2-120 tt amendments,and the various Chapters are revised to read as follows. specifically discuss Urban Residential Uses. 0 Compatibility of Building Heights:Buildings should be considered in terms of their cl Compatibility with surrounding proposed/existing land uses:Thorough relationship to the height and massing of adjacent buildings,as well as in relation examination of issues such as compatibility with surrounding and regional lar to the human scale. uses;availability and adequacy of Infrastructure:impacts on the natural environment,drainage,and transportation;and integration with the rural g) Green Transitions.Development within Neighborhood Mixed Use areas should use agriculture character of the area should occur in the review of all Residential • landscaping to provide a transition and buffer from higher density,more active Estate development, land uses,to lower densityresidential land uses and existing rural land uses. dl Adequate Services:Ensure that adequate services and facilities such as sitar h) Clustering of Higher Density Uses:Non-Residential Uses.larger buildings and fire protection,medical support,and efficient service delivery such as school attached multi-family housing should cluster near commercial centers and busing am currently available or reasonably obtainable to serve Residential E transition to the surrounding resiemial neighborhoods through the use of lower Developments. density products. e) Emphasis on Open Space:Lots should have access to common or private el it Pedestrian-Oriented Mixed UseAreas:Create pedestrian-friendly and human space,if applicable.Private open space is encouraged on individual lots to scaled commercial areas by providing open areas for gathering places,creating a support high-quality rural character. tree canopy between on-street parking and store fronts,and minimizing the visual impact of parking lots. f) Rural Neighborhood Character Rural Residential Estates should be designer development patterns,design features,amenities,and architecture that suer D Building Integration:Mitigate large-footprint commercial structures by minimizing high-quality rural character. the impact of parking areas and incorporating more human scaled streetscapes into designs. g) Pedestrian Interconnectivity:Pedestrian connections 10 surrounding properti should be included,where feasible,to ensure connectivity between adloininf k) Building Orientation:Reinforce the character and quality of the streets through the properties as they are developed. development of buildings that provide orientation and access towards the street. h) Visual Screening of Rural Land uses:Perimeter treatments,entry ways,and D. Suburban Neighborhoods.The goals of Suburban Neighborhood revdential districts within the Dry setbacks are encouraged to be individually tailored to each development Creek RUA is that they be cohesive,identifiable,and diverse,while still being integrated into the regional proposal,but should support a high-quality rural character. context of the surrounding area. i) Development Clustering and Transitioning: Developmem clustering technigi. 1. POLICIES: to preserve natural amenities,scenic view condors,and agricultural viable Ii a) Developments are encouraged to coordinate neighborhood design efforts with is encouraged Residential Estate developments should be designed as regards to circulation provisions,conservation of natural features,and relationship transitional areas between higher intensity urban uses and existing rural use: to established neighborhood areas. surrounding the Dry Creek RUA. b) A diversity of housing types is encouraged to include both owner-occupied and j) Small-Scale Farming:Support opportunities such as,but not limited to,hobl rental housing,which serves all economic segments of the population and match farming and home businesses to supplement family income and reduce livin local incomes and age groups. expenses for farm families and others who prefer a rural Ilestyle. c) Higher residential densities should be situated within close proximity todesignated F. Limiting Site Factors. Limiting Site Factors areas are areas comprised of liming site factors and coma neighborhood/activity centers. certain physical elements that obstruct,or are hazardous to,certain types of development.These physical elements include floodplains,cmical wildlife habitat areas,aquifer recharge areas,riparian areas,topographic constraints,regi' dl Each neighborhood should have an interconnected network of local streets that utility easements,regional oil and gas pipeline easements,and oil and gas processing and distribution facilities. The provide direct connections to local destinations. within the Limiting Site Factor areas are to discourage development within limiting factor areas,to preserve the natur features of the site,to avoid areas of environmental sensitivity,and t0 minimize negative impacts and alteration of na el Allowable land Uses:Generally Residential Uses occurring in the Neighborhood features.Preserve,protect and enhance areas frem development defined in Appendix 26-S Dry Creek RUA Map,int Mixed Use should meet the requirements set in Section 23 3130,R-1(Low but not limited to.surface water bodies,wetland habitat,riparian corridors,floodplains,transmission lines,signilican Density Residential)Zone District,and Section 23-3-140,R 2(Duplex Residential regional oil and gas lines.and significant oil and gas processing and distribution facilities. Zone District. 1. POLICIES: 9 Serviced by Infrastructure:Suburban Neighborhoods will utilize public sewer and a) Compatibility with Existing Comprehensive Plan Goals and Policies: Goals and Policies water services. regarding the Protection and Preservation of Limiting Factor Areas are consistent with the outlined in Article V Natural Resources,Section 22-5-10,and 22-5-20 of the Weld County g) Compatibility with Existing Comprehensive Plan Goals and Policies: Development Comprehensive Plan.The following policies are consistent with the County's Goals and of Neighborhood Suburban Residential Areas should meet the goals end policies Policies,as outlined in Section 22-5-30 but have been modified,revised,or clarified to ref in the Weld County Comprehensive Plan,Section 22 2 120(Residential the desired policies of the RUA' Development Goals and Policies). Discourage excessive or unnecessary removal of riparian vegetation and h) Housing Diversity:Residential areas should reflect affordability and lifestyle alterations of stream beds and banks,or other significant or critical habitats choices that include dwelling unit type,density,environmental setting,and the design and development of land uses that require grading and drainage • convenience levels.Diverse housing options serve people of all income levels and improvements,unless specifically permitted for restoration,enhancement,c may provide some citizens the ability to live where they work. creation of additional habitat. p Compatibility with surrounding proposed/existing land uses:Thorough ii. Conflicts with fish and wildlife habitats and travel and migration routes shou examination of issues such as compatibility with surrounding and regional land considered and avoided in land development. uses.availability and adequacy of infrastructure,impacts on the natural environment,drainage and transportation,and other issues should occur in the vi. Development adjacent to rivers and streams,waterfowl areas,significant or review of all residential developments. habitats areas should incorporate reduced densities,adequate setbacks,ar buffers. D Adequate Services:Improvements associated with residential development nv his incumbent upon all teat owners(private or public),metro tlismcts, should be based on the direct impact those development proposals have on the infrastructure and services related to that development. developers,and site construction contractors to be aware that it is illegal to place fill material in any jurisdictional water or wetland.Impacts to jurisdictic k) Ensure that adequate services and facilities are currently available or reasonably waters or wetlands will be mitigated in the RUA by the responsible party obtainable to serve the residential development or district. according to requirements,regulations,and guidelines set out by the U.S.A Cops of Engineers(USACE)/U.S.Environmental Protection Agency(EPA). ll Ensure adequate mechanisms are in place to manage and maintain all public v Unnecessary destruction riparian areas¢strongly discouraged.Impacts and private improvements in residential development.These improvements nce a will be mitigated of i r the RUA by the responsible i mpa tsk may include water delivery.sewage delivery,sewage disposal.drainage facilities, roadways,trails,common and private open space,landscaped areas,and be accomplished through restoration,enhancement,or creation efforts. fencing.Mechanisms may include.but are not limited tO,homeowner's w_ Developers will coordinate with local,state,and federal agencies to identify associations,metropolitan or other improvement districts,agreements with utility and implement measures for fie protection,restoration,enhancement,or ci or service providers,or protective covenants addressing privately-owned property. of fish and wildlife habitat. m) Neighborhood Emphasis:Development within the Dry Creek RUA is encouraged p) Compatibility of Uses in each Zone:Areas comprised of Limiting Site Factors contain car to ebeg cited i focused in distinct al open space that are walkable,pedestrian friendly,and physical elements that obstruct,or are hazardous to,certain types of development.Then. integrated into the regional open space and circulation network. Physical elements include,but are not limited to,the following uses: n) Walkability of Residential Neighborhoods:Suburban residential neighborhoods i. Floodplains(within the Federal Emergency Management Agency(FEMA)10 should be pedestrian friendly and walkable.Detached sidewalks and pedestrian goodplain) and bicycle paths are encouraged. ii. Critical Witdlffe and Riparian Habitat Areas iiio) Neighborhood Interconnectiviry:Neighborhoods located adjacent to future Wetland and Aquifer Recharge Mess 9 Surface Water Bodies acedevelopment areas. should provide csand other opportunities end future roadway and open Topographical Constraints space extensions.Cul-de-sacs bly hesnatralor built l deadds of thasite.Where ed Transmission Line Easements unless sa used,,tped by the onn c sit should be pro of the etw.Where cul de WI Regional Oil and Gas Easements ups are pedestrian connections should be provided between the street and Oil and Gas Distribution and Protestingypes es adjacent open space areas,trails,and other common areas 10 promos Although these sites contain factors that limit certain types of development,these areas n neighborhood connectivity. nevertheless,usable for agricultural production.recreational activities and pasts,or other p) High-Oualiy and Attractive Neighborhood Character:Non-residential uses such functions that cannot damage or be damaged by the constraining site factors.These are; as civic buildings within suburban residential neighborhoods,cods,should be an also enhance the character of this RUA by providing corridors f for trails and wildlife a 99 the protection of natural resources,riparian habitats,and natural features essential to the appropriately scaled and of similar character to the surrounding residential identity of this RUA. neighborhood to promote an attractive and high-quality neighborhood character. Repetition of identical homes and garages along neighborhood streets detracts c) Importance of Limiting Factors as Open Space:Development in be RUA should preserve from the visual character of the neighborhood and is strongly discouraged. enhance the Big Dry Creek and.to lain and riparian corridor,improve habitat conditions at E. Estate Neighborhoods.The goal of Estate Neighborhoods within the Dry Creek RUA is that they are intended create nly osnds and and the extent feasible, d,ad and anen habit significant erici r to provide an appropnatetransitwn from more intensive development to existing mravericuttural areas.These low- jurisdictional se. farm ponds associated aquatic,wetland,and riparian habitats to erica pm g wildlife use. density lfeaterhso it should maintaind rs,vies,anaptlrural atmosphere while preserving the vegetation,significant geological features,wildlife habttaVcomdors,views,and privacy. d) Preservation ofHabitat:ou Development within the RUA should preserve,create s and ienhar hi grassland buffers around Sensitive or Critical Habitats within areas defined as Limiting F. 1. POLICIES: in Appendix 26-S Dry Creek RUA Map. • a) Allowable Land Uses:Generally,Residential Uses occurring in the Estate re quirements should meet the requirements set in Section 233410,E(Estate) Discourage itat development and avoid etbacks to s ch significant or Zone District. habitat areas.Encourage buffers and setbacks around suchfeatures.Fred IN Compatibility with Existing Comprehensive Plan Goals and Policies: Development any shucWreloeveln and hanriparian e. p M ere Prue Encourage of the restoration rsed and ad enhancement of resources to esprovide of pih estates should meet- the goals and(Residential eeio the Weld lsand diversity calitat. based active end passive recreational opportunities as w Comprehensive Plan.Section 22-2-120(Residential Development Goals and wildlife habitat. Policies). iii. Create,preserve,and enhance grassland buffers around sensitive or critics habitats within areas defined as limiting factors In Appendix 26-S Dry Creek RUA 6. Phased land dedications:Provide phased land dedications for public services and improve Map. as conditions of development are warranted. e) Importance as Water Resource:Within limiting factor areas,development within the RUA is Sec.24-4-70. Maximum Lot Coverage. encouraged to utilize Low Impact Development(LID)methods of reducing impermeable All land use applications in the Dry Creek RUA shall adhere to the following regulations governing the surfaces,create reduce the aten detemion and permanent water quality ponds,bioswalel and maximum percentage of lot coverage.Maximum lot coverage is defined as the maximum percent of the total area of a • wetlands to the quantity and improve the quality 01 water released from development in a zone district that shall be covered by any structure.The percentage of coverage on a lot shall not include the area sites,and to create functional wildlife habitat.Locate and design slormwater facilities to take the lot or development designated as open space.The percentages outlined in Table 26-3 shall be deemed the maxim advantage of,and enhance,existing water resources and habitat. lot coverage for each zone district within the Dry Creek RUA. tl Interconnection of Limiting Factor Areas:Create an interconnected system of open space that Table 26-3:Maximum Lot Coverage in Me Dry Creek RUA incorporates water bodies,wetland habitat,riparian condors,buffers,floodplains.and other significant or critical habitats. g) Compatibility with State and Federal Laws and Regulations:Abide by Section 404 and Neighborhood Mixed Use 0 401 of the Clean Water Act(CWA)and adhere to the State and Federal roles,regulations,and Suburban Residential Nei•hbonhoods guidance governing the preservation of water quality and protection and mitigation of waters of the United States,and wetlands as administered by the U.S.Army Corps of Engineers Estate Neighborhoods CM (USAGE),the Environmental Protection Agency(EPA),and the State of Colorado Department of nranarlIMMEM Public Health and Environment(CDPHE). hi Discourage New Development within Limiting Factor Areas:Discourage development in Sec.24-4-80. Open Space. hazard areas where a significant risk to life and property exist,as in areas of floodplain.geologic A. The goal for open space within the Dry Creek RUA is to establish a functional open space system that hazard,unstable soils,undermined areas,and steep slopes.Minimize development and balances development with the needs of wildlife and existing egricutural and rural uses and incorporate encroachment in the floodplain and preclude any net fill in the floodplain. the protection,maintenance and management of natural,scenic,historic,cultural,archeological,drainal floodplain,and agricultural resources. if Buffering of Existing Oil and Gas Production and Distribution:Oil and gas drilling,processing. and distribution in the Dry Creek RUA area significant economic component.It is important B. The Dry Creek RUA has defined an overall Open Space framework defined primarily by the limiting facts that proper mitigation measures.such as screening and buffering,are employed to address on the site.These am as follows:Dry Creek Ripadan Corridor and Floodplain,the Brantner Irrigation Diti potential conflicts between existing industrial areas and future urban development. Critical and Sensitive habitats,and Utility Easements.These environmental constraints can be improves provide key linkages to create an integrated open space and trail network.This would provide a greenw j) Confirmation of Floodplains:While general locations of floodplains have been shown in throughout the Dry Creek RUA and ensure that the Dry Creek RUA open space and trail network could I Appendix 26-S Dry Creek RUA Map,prior to submitting a Change of Zone application,the into a potential future regional recreation and open space system.In addition to the limiting factors on tl Applicant must define floodplain source of the data,accuracy,modeling methodology, site,there are other important Open Space conditions,and them are goals and polices for each of them assumptions.etcetera.Numerous factors can change floodplain limits.The applicant shall following sub-categories: apply to FEMA to modify the defined floodplain boundary to take into account the proposed floodplain changes. I. Buffer Conditions Landscapes[Appendix 26-S Dry Creek RUA Map) 2. Common Open Space Sec.24-4-60. Community and Emergency Facilities. 3. Parks and Recreation 4. Landscape Medians and Roadsides The goal of locations designated for Community and Emergency Facilities is to ensure the efficient and cast- 5. Agricultural effective delivery of adequate public facilities and services within the Dry Creek RUA that provides for the health,safety. and welfare of the present and future residents of the County. C. POLICIES: Compatibility with Existing Comprehensive Plan Goals and Policies:Goals and Policies p. POLICIES: regarding Open Space are consistent with those outlined in,Section 22-5-40(Article V Na 1. Minimum Service standards:Minimum service standards and facility standards will be Resources)of the Weld County Comprehensive Plan.The following policies are consistent established in determining whether public services and facilities are adequate for residential the County's goals and policies as outlined in Section 22-5-50,but they have been modifiit and mixed-use development, revised,or clarified to reflect the desired policies of the RUA: a. Each service provider will advise on acceptable standards of service and facilities a) Developers will provide open space to enhance the quality of life and enjoys as each is a technical expert. the environment,while protecting private property rights. 0. As site-specific development plans become available for each phase of b) Encourage priate-sector,non-profit organizations,non-county agencies,an development,direct input from each service provider will be incorporated into the other governmental jurisdictions to participate in the provision of open Was, planning efforts. and around the RUA. 2. Minimize Fiscal Impacts:The Dry Creek RUA will provide mechanisms for funding public c) Developers will identify and set aside significant,critical,or sensitive habitat facilities,accommodating service expansion and community amenities based on the demand natural land features in tracts,outlots,or easements,where appropriate. created by the development. . dl Developers should ensure the future management of public open space and a. Mechanisms for funding lure owners, improvements should be promoted create management plans that identify the managing entity, space to ensure equitable participation by the developer,utilM providers,service stewardship responsibilities. providers,the county,future owners,and surrounding properties.Such mechanisms may include over-sizing or payback agreements,impact fees, el Encourage native,droughtareas.nt landscaping in open space and new interim/ultimate and/or design and installation plans,improvement or metropolitan landscaping in developed areas. districts,and/O!other methods. 2. Minimum Standards:The minimum percentages of land in each land use designation devi D. Strive to set common urban development Impact fees within the RUA,to to Open Space and limiting factors are feted in Table 263.The Department of Planning encourage parity. Services reserves the ability to evaluate development design proposals with less commor open space than listed in Table 26-4.Staff will determine at the time of land use oatis c. Review impact fee policies for within the RUA,if developed for within or around it. the proposed common open space meets the intent of the requirements in this section. every three years and after each decennial census to ensure that the basis for Impact fees remains equitable and fair and reflects the current cost of Table 26-4 Minimum Open Space Standards construction. Minimum Open Space for Percentage Covered tl. Cost-sharing strategies could be implemented for the construction of each Land Use Designation infrastructure. Neighbotood Mixed Use 15% ResResi dential itlental 15% e. Consider both the physical and fiscal impact on the local districts.If it is found the service providers,as a result of the proposed development.require additional Estate Neighborhoods 25% facilities,or incur costs requiring additional local revenues,the project will Limiting Site Factor NA negotiate with the service provider to determine the contribution level necessary to cover the costs directly attributable to the project. 3. Provision of Open Space: Developers will dedicate open space,initiate land trades withir the RUA,or provide cash-in-lieu when open space oPPodunere ere not available in des. Establish ways to have a common proportionate impact fee among the multiple open space locations.In lieu of the preservation of land for on site common Open space, jurisdictions within the lamer South Weld County region,perhaps within all of the subject to the discretion of the Board of County Commissioners,the Applicant may utilize Metropolitan Planning Area. cash-in-lieu of common open space option outlined in Section 27-6-80.B.6.with terms di in Chapter 27.Article II,of the Weld County Code.This option shall be outlined in the Ske 3. Embedded Community Facilities in Neighborhoods:Locating schools,a library,and sheriff Plan Application to the Department of Planning Services. and fire satellite stations within the community are hallmarks of the charier the Dry Creek RUA seeks to create.They are desired land uses that improve the sense of safety and overall 4. Preservation and Interconnectivity of Open Space: desirability of the community. a) The Recreation District and Developers should coordinate and encourage th 4. Regional Cooperation:Cooperation or consolidation of urban services among the county, preservation and creation of a continuous,interconnected and permanent special districts,and private developers is encouraged,when appropriate,to avoid duplication of open space that capitalizes on natural and man-made features and and overlapping costs to establish a satisfactory level of quality,quantity and dependability of incorporates sensitive and critical habitat such as streams corridors,floodpl hose services irrigation canals,reservoirs,ponds,and wetlands. a. Development in the RUA should participate in joint planning with the county and b) Development within the RUA should dedicate and protect natural open spa: service providers to coordinate a timely,orderly,and efficient arrangement of that incorporates sensitive and critical wildlife habitat in a variety of forms, public facilities and services including large patches,condors,buffers,and linkages.and will discourage unusable patches of open space. b. Development should work cooperatively t0 the mutual benefit of the new residents and the public service providers through the use of such mechanisms as IGAs. B Patches of open space should be linked together via open space condors i adequate width to protect sensitive species and allow for genetic diversity t 5. Utilize Existing Capacity:Development requiring urban services and facilities should be located species movement.Creation of isolated or small patches of open space or where services are currently available or reasonably available.When additional capacity is habitats that are inaccessible or unusable for wildlife is discouraged. available with existing facilities,then the Dry Creek RUA will work in partnership with the service provider to appropriately and efficiently utilize what is already available 5. Emphasize Importance of Habitat: Development of a parks and trails system should avoi negative impacts to sensitive or critical habitat. 6. Co-location and Shared Use of School Facilities with Civic or other Community Uses:When appropriate,co-location or shared use of schools with other civic uses such as a public library, 6. Management of Open Space:The Recreation District or other approved entity should fun fine arts center,senior center,health clinic,community college branch,recreation facility,or develop an open space management plan that addresses the restoration,enhancement, III public park can create more walkable and integrated neighborhoods and should be o0erations and maintenance standards of open space,and balances the level of public u encouraged. open space with the sensitivity of the wildlife/habitat resources and goals for protection c those resources.The Recreation District or other approved entity should collect fees as ]. Co-location and Shared Use of School Facilities as a mechanism to offset cost of public service necessary and provide adequate funding to support the open space management plan. provision:Co-location of Civic and or Community Uses should be promoted within the Dry Creek RUA because it can reduce cost of service for all agencies involved. Such co-location 7. Enhancement of Open Space:The restoration and enhancement of open space and wan can more efficiently utilize public funding and offset some public school construction costs resources is encouraged,in order to provide a diversity of water-based active and passiv through cost-sharing by different public agencies. recreational opportunities as well as wildlife habitat. 8. Create a Visual and Attractive Environment.Development within the RUA should provide a A. POLICIES: natural appearance and configuration of graded land forms in open space and stormwater and 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Protecti. drainage facilities to create aesthetic non-engineered appearance of community features and Preservation of Umiting Factor Areas are consistent with those outlined i Article II Land Use Categories,Sections 22-2-10 and 22-2-20 of the Weld Co Sec.26-4-90. Butler Conditions. Comprehensive Plan. A. The goal for designated Buffer Condition areas within the Dry Creek RUA is to protect the public health. sat ey,and welfare of land developed in the Dry Creek RUA a d protect the economic viability and longerrn 2. consider Agriculture Water Delivery:New developmentwill recognize and susta nab'Idy of the surrounding agricultural and oil and gas olindustries.The Dry Creek RUA is in a accommodate the traditional a and future operational viability of existing water developing and changing area with significant existing agriculture and oil and gas industries.Certain delivery infrastructure.Water and the irrigation delivery systems need to be urban land uses,because of their character and intensity,may create an adverse impact on less intensive regarded as a critical component of the agricultural heritage and continued and varied adjacent land uses and negatively impact the economic viability and long-term sustainability productivity of the land. of surrounding oil and gas industries.Alternatively,the noise and dust that can be associated with more rural uses,such as agriculture and oil and gas production and distribution,can adversely affect public health, 3. Compatibility with"Right to Farm":Respect the continuation of agricultural It safety,and welfare of surrounding urban development.Accordingly,the following policies are established to uses and operations in the area surrounding the RUA.Fanning and ranching protect and preserve the appearance.character,and value of property within the RUA and buffer adjacent operations in Weld County are important businesses that require land proper more rural uses from the adverse urban development of the RUA. burning,planting,and harvesting that can cause nuisance dust.objectionabl odors,noise,and smoke. Maintain Weld County's"Right to Far"policies,e B. POLICIES: protect farmers and ranchers from nuisance and liability lawsuits and enable 1. Screen or buffer between incompatible adjacent land uses:All land within Suburban them to continue producing food and fiber. Residential areas within the Dry Creek RUA that is directly adjacent to an existing rural or agricultural use and is not separated by a road right-of-way,and where"Buffer Condition"is Sec.24-4-130. Archeological,Cultural and Historic Resources. noted in Appendix 26-S Dry Creek RUA Map,need to be evaluated based on the intensity of It is a goal to preserve and protect archeological,cultural,and historic resources within the Dry Creek R land uses and the intensity of the landscape treatment proposed.One or more of thefour basic variables in buffer design should be used. Dstance,plant material,plant density,and land A. POLICIES: forms should be employed to ensure that Incompatible land uses are adequately buffered and 1. Compatibility with Existing Comprehensive Plan Goals and Policies:Protect screened and Preservation of Limiting Factor Areas need to be consistent with those outlined in Section 22-5-110.F(Article V Natural Resources)of the Weld Cou 2. Transition from higher density urban uses to rural uses through lower density development: Comprehensive Plan. Where indicated,lower density Estate Neighborhoods have been cited in Appendix 26-S Cry Creek RUA Map.These Estate Neighborhoods have a lower density and are more rural in 2. Compatibility with OAHP Regulations:Developers will contact the Colorado character and allow for a more gradual transition to existing rural and agricultural uses. of Archeology and Historic Preservation(OAHP)regarding the preservation a protection of any potentially significant archeological,cultural,or historic arti 3. Buffer or screen between development and oil and gas operations areas:A landscape buffer encountered during construction. should be employed for the outer 50 feet of the setback from an oil and gas well or operations area.This buffer area may be used for underground utilities,sidewalks,trails,parking,and must Sec.24-4-140. Landscaped Medians and Roadsides. be landscaped with grass.,vertical landscaping or shallow-rooted landscape. It is a goal for within and around the Dry Creek RUA that major roadways,along with the greenway connection proposed along County Road 4.play an important role in the function and image of the Dry Creek RUA. Sec.26-4-100. Common Open Space. major arterials and County Road 4 should incorporate landscape design features.The following design policies relate All developments within the Dry Creek RUA shall also preserve a portion of the site as common open space the visual quality of these roadways. above and beyond the areas that have been delineated in Appendix 26-S Dry Creek RUA Map. A. POUCIES: A. DEFINITION:Common Open Space is defined as any usable parcel of land or water essentially 1. Integration of Roadside Planting:Plantings along road rights-of-way shall be unimproved and set aside,dedicated,designated,or reserved for future public or private use or integrated with the rest of the site. enjoyment,or for the use and enjoyment of owners or occupants of land adjoining or neighboring such an area.Common Open Space shall be freely accessible to all residents 2. Landscape Setbacks along County Road 4:A minimum landscape setback r and property owners of a development.Common Open Space shall not be occupied by County Road 4 should be established and significant landscape treatment s buildings or structures other than those in conjunction with the use of open space,roads,or be proposed for any development along County Road 4 to ensure that Cour parking,nor shall it include the yards or lots of residential dwelling units required to meet Road 4 has a green character and functions es a green connection between minimum lot area or parking area requirements. Creek Corridor and the rest of the RUA. Sec.26-4-110. Parks And Recreation. 3. Compatibility with Existing Zoning: Required landscaping and screening all All Planned Unit Developments(PUDs)within the Dry Creek RUA shall also preserve a portion of the site as the landscape setback and other portions of the properly shall be governed Parks and Recreation,above and beyond the areas that have been delineated in Appendix 26-S Dry Creek RUA Map. The landscape standards requirements contained in Chapters 23 and 24 of the' goal for Parks and Recreation within the Dry Creek RUA is to provide high-quality,strategically placed parks and recreation County Code. facilities for present and future residents 4. Screening of Adjacent Uses through Landscaping Bening and Clustering:I A. POLICIES: adjacent to Weld County Road 21 and Weld County Road 4 should be scree 1. Compatibility with Existing Comprehensive Plan Goals and Policies: Goals and from Weld County Road 4 and Weld County Road 21 through best practice policies regarding Parks and Recreation are consistent with those outlined in landscape treatment including,but not limited to,landscape berming.berm • Article V Natural Resources,Secteons 22-5-40 and 22-5-50 of the Weld County tree clustering,fences,and high-intensity planting. Comprehensive Plan. 5. Maintenance: Maintenance of landscaping in landscaped medians and alor 2. Compatibility with Existing Zoning Standards:Common open space shell be roadsides shall be by a metropolitan district or other approved entity. delineated in the Sketch Plan phase of the land use process and meet the performance standards established in Chapters 24 and 27 of the Weld County Sec.24-4-150. Transportation and Circulation. Code Within the Dry Creek RUA,it is a goal to create a transportation network serving the Dry Creek RUA the unifies and coincides with state,county,city,and community transportation systems.The transportation network shi 3. Diversity of Parks'.Parks provide opportunities for active and passive recreational be an integrated system of streets,sidewalks,trails,and bikeways that provides for optimal movement of people,bi, experiences within the community.They reinforce a sense of community by and automobiles within the community to and from adjacent streets,developments,and uses. providing places for members of the community to gather,interact,and exercise. INTENT:As trans ortation demands increase in the Dry Creek RUA,the need to preserve Parks also enhance a community's image and quality of life.A comprehensive P park system should include the following: functional integrity and hierarchy of the existing roadways and provide new roadway cape will become increasingly important.The purpose of this section is to provide for the plane- a) Neighborhood Parks-Pocket perks are small parks that are design,and construction of improvements to new and existing roadway facilites corsiste provided by the developer of a Subdivision and maintained by the with Chapters 22,23,24,and 27 of the Weld County Code.These standards seek to pro' development.They provide opportunities for passive outdoor a certain level of performance for the transportation network serving the Dry Creek RUA. recreation at a sub-neighborhood scale.They are ideally located Consequently,if it can be shown that an alternate design,material,or procedure will prov within 025 mile of the residences they are intended to serve and Performance equal to,or better than.the required design,material or procedure,that aim may include lawn areas,picnic shelters and tables,play equipment, may be approved by the Director of Public Works. artwork,or other amenities that are appropriate for the B POLICIES'. demographics and types of activities that the neighborhood may t. Circulation System: desire. a) The proposed RUA circulation system k exhibited in Append,, b) Local Parks-Neighbom parks provitle places for informal 26-5 Dry Creek RUA Map.The transportation network reflects recreation and gathering places within walking distance of most a road hierarchy,from a major arterial that serves both the reg residences(05 mile). May include multi-use lawn areas,picnic and local traffic with hgher speeds and capacities with contra areas,playground equipment,resirooms,drinking fountains,small private access,to a collector that serves local traffic and provi court games,community gardens,and recreational fields and access to future development.The proposed hierarchy of roar facilities,as appropriate. includes both reconstruction and/or widening of existing road: c) Community Parks-Community parks serve multiple neighborhoods alignments o for ur trafis.gnasrand ntianoutwoekectiins typically within 1 to 15 miles)and are focused on the recreational roadways future traffic signals and roundabout trammed ban needs of the'Mole community.They provide opportunities for self roadway classificationsooftheand circulation pct will be an tmmM bas directed and programmed recreational activities,as well as upon the results of Traffic Impact Analysis and the"Masse community events and gatherings. Transportation Pan" bl The Dry Creek RUA cross sections are identified in Appendix: 4. Accessibility of Parks:Parks and recreation facilities provide an adequate range Dry Creek RUA Street Sections.These standards delineate dg of active and passive recreational opportuntes to meet the needs of a wide way.lane configurations,median treatment,bike lanes,and array of citizens.Special emphasis should be placed on ensuring that residents pedestrian sidewalks.Roadway classifications may change a have access to neighborhood parks and recreation centers within walking development in the Dry Creek RUA area Occurs.Roadway distance of their homes. classifications may be reevaluated by the Director of Public W based on the results of a traffic impact analysis. a) Development within the RUA should centrally locate recreation centers and other facilities that serve large numbers of people on c) When proposed development within the Dry Creek RUA thug( sites with visual and vehicular access from major roadways,direct need for construction of on-site or off-site transportation, trail connections,and provisions for future transit. commitment to construct the needed improvements and fund for engineering design,right-of-way acquisition,and all cons[ h) Development wahin the RUA should design neighborhoods that costsfor those improvements shall be secured and guarantee integrate parks,trails,and recreational facilities with utility the developers or dstricts of the Dry Creek RUA,their succes infrastructure and transportation systems such as detention basins and assigns,prior to approval of any Final Plat. that serve as athletic fields when not flooded. 2. affic Impact Analysis:All significant developments within the Dry Creek RUA area shal • c.) Development within the RUA should organize and conjoin parks.trails,open space with equired to prepare a traffic impact analysis at the time of the Sketch Plan application.P schools,churches,and other nalysis information and reports shall be prepared and certified t0 by a registered proles land uses,where possible.to create larger,more contiguous parks rgir,eer competent in traffic engineering.The intent of this analysis is to determine the and open space network. roject's cumulative development impacts,appropriate project mitigation,and improver ecessary to offset a specific projects impacts.The County will require the developer St Sec.24-4-120. Agriculture. proportionate share of the costs of said improvements through an improvements agree The goal for agricultural uses within and nearby the Dry Creek RUA is to preserve agricultural productivity he developer will be responsible for all pertinent road improvements.This may include and values mprovements required outside the Dry Creek RUA due to development within its bound: traffic impact analysis shall contain,at a minimum,the following information: Board of County Commissioners. a) Introduction:Describe the proposed development and parameters of e) Signage and Striping:All signage and stripping within the Dry Creek RUA are the study area. shall comply with Manual on Traffic Control Devices(MUTCD). • b) Existing Conditions:The street capacity standard in the Dry Creek 4. Transit: As development occurs the feasibility of a public transit system in the Dry Creek F RUA is Level of Service C and the intersection capacity is Level of area should be examined. Service D. Sec.24-4-t80. Trails: Conduct ant and p.m.peak-hour turn movements and average It is a goal that,within and around the Dry Creek RUA,that the transportation and circulation system six daily traffic counts for intersections and links within the study area if provide for an extensive netwoM of neighborhood,local,and regional trails open to alt types of non-motorized travel there are no available counts collected within the previous twelve link n i coos to community features and the region.A pedestrian friendly,off-street trails system is encourages 112)months. that provides e positive experience with areas of interest along the trail routes.Trails should provide reasonable accommodation and access for people of all ages and abilities. n. Conduct a peak-hour intersection level of service analysis for the intersections. A. INTENT:Provide for an extensive network of neighborhood,local,and regional trails open types of non-motorized navel that link neighborhoods to community features and the regic iii. Determine whether the existing daily traffic volumes exceed the arterial daily volume olume standards as identifiedarteria,sec 'in the RUA street B. POLICIES: standardsre for major arteriAppendix ix26-1, rcoss torSec and local streets presented in Appendu 2fi-T,Roadway Cross Sections.These 1. Regional Integration:Encourage facilitated coordination between jurisdictions standards delineate right of way,lane configurations.median between private and public entities to integrate the RUA Regional Trails,then treatment,bike lanes,and pedestrian sidewalks. Appendix 26-S Dry Creek RUA Map,with other regional trails,such as the Colorado Front Range/South Plane River,Saint Vrain,and the Rig Dry Creek M Cumulative Condivons' 2. Trail Interconnectivity:Develop an interconnected network of neighborhood a e. Identify previously approved or anticipated developments that may local trails within the community and with nearby jurisdictions that will also affect the study area's circulation system. provide connections to regional trail systems. ii. Generate,distribute,and assign traffic to the existing roadway 3. Minimize Conflict with Plant and Animal Habitat:To the extent possible,trails network. should be located,configured,and set back from natural creeks or water boc so that recreational use will not significantly impact native plant and animal e. Determine annual growth rates and project future traffic volumes for habitat. the time frame corresponding to project buildout. 4. UMversally Designed:Create pedestrian friendly,off-street trails that provide, iv. Identify funded circulation improvements,both public and private, positive experience with areas of interest along the route and provide reasons that will be constructed prior to the proposed devel opment's accommodation and access for people of all ages and abilities. occupancy. Sec.24-4-170. Infrastructure. v Conduct daeavo intersection sstolevel ttandarsanalysis and It ekn goal wistinthe Dry r h RUA thatthe usepo centralized water zedsewer temssh promoted compare daily de elr volume forecastslstreet standards ed for omplopm t in a consistent manner with the Weld era Comprehensive wtewha These se seme should be set cumulative o nevelopments,annual growth rates,and funded of complyingnwith allregulatoryfundpotable water discharge. systemsshouldand the initial.operational,and long-term replacement infrastructure required to maintain servi vi. Determine mitigation measures to offset cumulative conditions if the A. Promote the use of renewable water sources within the capability of the water service level of service exceeds the Dry Creek RUA area standards. provider.Renewable sources should be encouraged,in order to reduce the consumption c finite water supplies such as groundwater: d) Trip Generation:Determine daily and am.and p.m.peak-hour trip generation for the proposed development,using established rates identified in the Trip B. Promote Water Conservation.Promote water conservation within the capabilities of the cur Generation Manual published by the Institute of Transportation Engineers,or as and sewer providers,and apply water conservation in a manner that is compliant with all agreed upon with County staff. regulatory standards. e) Trip Distribution:Based on assumptions contained in the Dry Creek RUA area C. Encourage dual-pipe systems.Encourage a dual-pipe system to reduce the consumption t traffic analysis or market estimates,describe the anticipated trip distribution potable water and promote high effluent standards for wastewater treatment facilities. patterns for the proposed development. Treatment facilities should maintain a high effluent standard to maintain water quality throughout the area's watershed. Proposed development within the RUA should be f) Trip Assignment:Based on the projected MP generation,assumed trip discouraged from using septic systems. disMbution,and the prevailing roadway network.assign the projected traffic to the intersections and streets within the study area. D. Setbacks and Design of Oil and Gas Facilities.Development should be set back from oil ar • gas wells for safety reasons. Development should seek ways to make these buffered area ell Existing«Committed«Project(E«GP)Tafic Volumes and Level of Service'. attractive and usefulaspossible. Mitigation of oil and gas wells through color profile,and visual screening is encouraged,and the use of low profile tanks as new wells are eatablisfu Add project a.m.and p.m peak-hour and daily traffic volumes to recommended. existing plus committed traffic volumes. E. Minimize Impact of Utility Transmission and Distribution Systems.Utility providers and ii. Conduct intersection level of service analysis and determine whether easement holders need to ensure that electric,natural gas.petroleum,and other generatioi daily traffic volumes exceed street standard thresholds. distribunin,pipeline and storage facilities are located in a manner that is safe,environment sensitive,and minimizes hetic impacts.Lines will be required to be placed undetgroum le Signal Warrant Analysis: maximum the extent feasible. e. Using the American Association of State Highway and Transportation Officials F, Respect Surface and Mineral Owner Rights. Respect the rights and uses of surface owner (AASHTO)Manual on Uniform Traffic Control Devices,or other adopted standards, and oil and gas mineral owners and operators.Developers within the RUA should determine whether proposed intersection volumes exceed signal warrants for communicate with oil and gas mineral owners and operators to develop surface use those locations on the transportation network where signals am proposed. agreements that accomplish cohesive development of the surface in the RUA that respect both the rights and uses of surface owners and the rights and uses of oil and gas mineral Access:Projects involving access to the state highway system shall indicate owners and operators. appropriate conformance to the latest revisions of the State Highway Access Code. The report shall discuss how the proposed development meets the access G. Mitigate Impact of Oil and Gas Operators on land development.Surface Use Agreements control guidelines. between developer and oiVgas operators should be used to allow current and future development of oil and gas resources that minimizes the impacts on land and land use. D Mitigation Measures:Mitigation measures will be implemented to provide the methods employed by oil and gas operators and/or land developers to accomplish concur needed improvements to offset project impacts as determined by the traffic development of the surface,along wth oil and gas minerals,shall be in compliance with impact analysis. Colorado Oil and Gas Conservation Commission rules and regulations and with Colorado Senate Biel 07-237 provisions,and may include,btu is not limited to,centralizing explor tii 3. Design Standards' and production facilities,clustering wells,constructing alternative structures and landscapi to mask wells and equipment,directional drilling.installing low-profile or compact ocuipme a) General Design Standards:All development within the Dry Creek RUA area shall locating drill pads in commercial or industrial areas,and using existing service roads and si comply with Chapters e,22,23,24,and 27 of the Weld County Code and the Colorado State Highway Access Code,2 CCR 601T.Consistent with the H. Facilitate ongoing communication between oil and gas operators and developers.As urban-scale developmem standards in the Dry Creek RUA areas.all driving development progresses over time,ongoing communication with operators and developers surfaces and parking areas for commercial and industrial development shall be should continue to address the challenges and issues and develop solutions,so that oil an paved according to geometric and road structure design standards. gas development and residential development may proceed concurrently over the years ye- conserving land and water quality. b) Geometric Design Standards:Geometric design for streets and roads shall be in accordance with Weld County Engineering and Construction Criteria and with I. Promote integrated and environmentally sensitive design,conservation and reclamation A Policy on the Geometric Design of Highways and Streets,published by the practices.such as: American Association of State Highway and Transportation Officials(AASHTO). Specifications,standards or design criteria,published by other governmental 1) Practices that maximize the use of renewable resources,reduce water agencies.professional organizations,or generally accepted authoritative sources, consumption,and provide the greatest end value and aesthetics of the land. may be used in geometric design.All specifications,standards.or design criteria shall be referenced and copied as part of the submittal bdormation. 2) Conservation of water resources in the landscape through the use of native xeriscape principles and non-potable water for landscape irrigation. c) Road Structure:Structural capacity shall be designed in accordance with the Guide for Design of Pavement Structures,published by AASHTO.Specifications, 3) Low impact development that retains the water that falls on the site and puts standards,or design criteria published by other governmental agencies, beneficial use. professional organizations.or generally accepted authoritative sources may be used in design. All specifications,standards,or design criteria shall be referenced 4) New development that is set back from oil and gas wells for safety reasons,a and copied as part of the submittal information.All roads shall adhere to the Weld make the oil and gas facilities and buffer areas as attractive and useful as County Engineering and Construction Criteria and with the standards set forth in possible. Chapter 24.Article VII.of Weld County Code. Sec.24-4-180. Drainage. di Structural Road Improvements Adjacent roadways shall be designed to meet A. The purpose of the Stormwater and Floodplain Management portion of the Dry Creek RUA is to protect the full typical section specified in the County Transportation Plan and Chapter the heath,safety,and welfare of the public,protect adjudicated waters for the use of downstream water • 24 of the Weld County Code. For example,improvements may include the rights holders.preserve the viable and productive use of agricultural lands,promote the equitable, construction of travel lanes,shoulders bike lanes,medians,curb,goner,and acceptable and effective use of land,and meet the requirements of Colorado Drainage Law.Developmer sidewalks.Required improvements may also include the acquisition of right of within the Dry Creek RUA shall adhere to the Weld County Storm Drainage Criteria,as currently adopted way and construction easements that will be dedicated to the public. by the County. These criteria have been adopted in order to provide minimum standards to preserve ate Improvements attributed to the development shall be consistent with the direct protect the public health,safety,and general welfare in the unincorporated lands of the County,pursuant impact a particular development has on the County road system as determined authority granted by Part 4 of Article 15 of Title 30,and Article 35 of Title 30,C.R.S.These criteria are by a professional transportation study.The road improvements agreement and designed to provide storm drainage best management practices to accommodate the unique characteris roadway construction plans shall be considered for approval by the Weld County of the County. All submittals for development within the Dry Creek RUA shall include the information list, the Wald County Storm Drainage Criteria. RUA must obtain a general and/or specific Stem-water Dischart Permit as appropriate to the situation if any discharges of B. The policies set forth in this document for the Dry Creek RUA are intended to define the responsibilities of stpmwater into receiving waters are anticipated Or proposed. the developers within the RUA to best manage this area as a new urban corridor.These policies are designed for the cOmmitMent to preserve the natural beauty of the region.without hampering its c) Site developers andror construction contractors must obtain, development potential.By preserving prime irrigated agricultural land for local farmer use and designating a develop,and manage a Stommvater Management Plan(SWMP) variety of lend uses for commercial,industrial,and residential functions,the natural landscape of South Weld adhere to any reporting requirements,and make said plan avail: ounty and the need for economic development will be blended to create a mixture that will serve the region to all employees and CDPHE. for years to come. Sec.24-4-200. Wildlife. 1. Promote ninth control:Protect runoff control measures that minimize impacts due to changes Development within the Dry Creek RUA should preserve and protect wildlife,and enhance wildlife habits n land use,including preservation of the existing hydrology to the extent practical as related to quantity,rate,and timing. A. POLICIES: 1. Compatibility with Existing Comprehensive Plan Goals and Policies:Protecti' a) Minimize the creation of impervious surfaces and preserve open space to the and Preservation of Wildlife needs to be consistent with those outlined in Sec extent practical. 22-5-10(Ankle V Natural Resources)of the Weld County Comprehensive Pla h) Encourage Low Impact Development and other Conservation Design principles in 2. Compatibility with federal and state laws for threatened,endangered.and future land use changes. candidate species:Identify.preserve,and protect critical habitat of federally listed threatened,endangered,candidate species(i.e.,-Critical Habitat'),end c) Encourage best managementpractices(BMPs)and runoff infiltration to the extent unique nesting breeding,or spawning areas of state listed species of special practical. concem(i.e.,"Sensitive Habitat"),and abide by the following federal and stat laws governing then protection: d) Encourage no increase in runoff volume related to changes in land use by creative a) U.S.Endangered Species Act(ESA) use of native vegetation,trees,and the concepts in the policies above. b) U.S.Migratory Bib Treaty Alt(MBTA) e) Consider hydrologic timing of discharge to avoid coincidental flood peaks. cl U.S.Bald and Golden Eagle Protection Act(RGEPA) of Colorado Non-game,Endangered,or Threatened Species 2. Protect water storage and conveyance:Protect existing and future water storage,conveyance, Conservation Act and delivery infrastructure of water rights holders while promoting beneficial uses of excess 3. Compatibility with state wildlife statutes:To the greatest extent possible, stormwater runoff through sustainable development,conservation design,and best development within the RUA should preserve habitat that provides essential I management practices. requisites n fga n cover,and apace,and to state statutes as and a) Maintain"first in time—first use"water rights. regulations regarding general game and non-game wildlife that are not afford, greater legal protections by the county,state or federal governments. b) Encourage incorporation of water conservation into future land use changes. 4. Honor Existing Visual Natural Amenities:Conserve mature trees that add character t0 the community and provide habitat for wildlife.Support the c) Encourage innovative uses of excess stormwater runoff once initial water rights obligations are met. conservation of mature trees and native species to the extern possible and encourage the incorporation of these features as amenities in future neighborhoods. Invasive species should not be preserved. a. Surface Water Treatment: on. a) Treat surface runoff through water quality measures prior to discharge to streams Sec'240-R Developmentptlwit and rivers during and after construction activities. euniq within the Dry Creak RUA should encourage healthy end diverse native plant communities preserve and protect unique plant species. b) Control erosion and sedimentation due to wind and water to the extent practical A, POLICIES: and in accordance with the National Pollutant Discharge Elimination System 1. Compatibility with Existing Comprehensive Plan Goals and Polices. Protect" (NPDES). and Preservation of Unique Plant Species need to be consistent with those 0) Reduce point and non-point source discharges of pollutants through the use of Comprehensive Con ve palai 22-5-10(Article V.Natural Resources)of the Weld County non-structural and structural BMPs. a) Compatibility with Federal ESA Act:Identify,preserve,and plan 0. Promote the preservation and enhancement of aquatic resources,riparian corridors,wetlands critical habitat of federally listed threatened,endangered,cane) and wildlife habitat plant species(i.e.,"Critical Habitat fin accordance with the ES) 5. Provide recreational,aesthetic and functional use of natural water resources. 2. Compatibility with state threatened and endangered plant species:Identify, 6. Protect human life.M1eeltM1,safety, preserve,and protect critical habitat of State listed threatened and endanger, Minimize flood danger and property,including buildings, plant species(!e.."Sensitive Habitat'). • public facilities,utilities and mineral rights,from the hazards and associated costs of flood damages by promoting regulations that reduce the risk of flooding. 3. Compatibilitywith Federal Plant Protection Act/Colorado Noxious Weed Act Colorado and Weld County's Noxious Weed Management Programs:Encours a) Reduce and repair stream bank erosion through sound engineering design,fluvial the eradication.control.containment,and management of noxious antl restril geomorphologic principles and"living river concepts. weeds in accordance with these Acts and programs. b) Assure that changes in land use do not result in unstable conditions that may lead 4. Promote the use of diverse and adapted plant species:Table cross sections to stream bank instability or erosion. identified in Appendix 26-G Adaptable and Native Planting List.This list is a partial list of plant material that are native or adapted to Colorado's Front at Preserve the flood carrying capacity and volume of the existing floodplain. Range. This is not an all-inclusive list and is intended only to act as a genera resource. New plant materials are being made available on a commercial bas di Comply with the National Flood Insurance Program 144 Code of Federal and local nurserymen are a valuable resource when trying to determine the Regulations 5945,as amended),which provides eligibility for federally subsidized appropriateness and adaptability of plant material to a particular location. flood insurance. Amend Appendix 26-8-ATTACHED e) Establish a minimum Flood Protection Elevation of one foot above the 100 year Amend Appendix 26-C-ATTACHED Base Flood Elevation to reduce the risk of flooding of habitable structures. Amend Appendix 26-G-ATTACHED Amend Appendix 28-0-ATTACHED 7. Encourage cooperation:Participate in,and encourage cooperation between,counties, Amend Appendix 26-S-ATTACHED municipalities,special districts,companies,and other governmental entities pertaining to Amend Appendix 26-T-ATTACHED regulations involving stormwater and floodplain management.Coordinate construction activities with the ditch companies to avoid activities that may inte ere with filling reservoirs during the BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby is,directed to storing. arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters,articles,divisions,sections,and subsections as they currently exist within said Code:and t 6. Operate and maintain stomiwater and floodplain infrastructure on a regular basis: resolve any Inconsistencies regarding capitalization,grammar,and numbering or placement of chapters.articles,dive sections,and sub-sections in sad Code. a) Provide long-term,legally binding operation and maintenance agreements for the continued operation of stormwater and floodplain infrastructure. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,clause,or ldal,such decision shall not affect the va b) Require maintenance schedules as a part of all future land use changes as well as phrase the of Ordinance eof y reason hd of Countyoret Commissioners hereby declaresthat it would have enacted tut identification of parties responsible p° for operation and maintenance activities. Ordinance in each and s section.s,subsection,paragraph,sentence,.clause and, phrase hrs thereof irrespective ofbe fact that any or more sections,subsections,paregraphs,sentences,clauses,or phrases might be declared m be c) Provide suitable funding mecnansmsmimplement and maintain the above goals. unconstitutional or invalid. of Prepare fair and equitable funding mechanisms that consider quantifiable impacts to the stormwater management system,such as Stormwater Utilities,Special Service Areas(SSAs),and/or Special Districts. NOTICE See.24-4-190. Groundwater. PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2010-1 published above,was introduced anc Proposed development within the Dry Creek RUA should preserve,protect,and improve groundwater motion duly made and seconded,approved upon first reading on July 12.2010,A public hearing and second reading aquifers and local areas of high groundwater. scheduled to be held in the Chambers of the Board,First Flow Hearing Room,915 10th Street,Greeley,Colorado BO on August 4,2010.All persons in any manner interested in the reading of said Ordinance are requested to attend and A. POLICIES: be heard. Please contact Me Clerk to the Board's office at phone(9]0)336-7215,Extension 4225,or fax(970)352-01 1. Encourage Bast Practice Storage,Use,and Disposal of Hazardous Chemicals: odor to the day of the hearing ff,as the result of a disability,you require reasonable accommodations in order to panic The Dry Creek RUA water provider is encouraged to educate residents about in this hearing. Any backup material,exhibits or information previously submitted to the Board of County Commissior behaviors and consequences,and proper storage,use,and disposal of conceming this matter may be examined in the office of the Clerk to the Board of County Commissioners,located in chemicals,petroleum products,cleansers,fertilizers,pesticides,and any the Weld County Centennial Center,Third Floor,915 10th Street,Greeley,Colorado.between Me hours of 8:00 a.m.ai other solid and liquid household product or hazardous waste that could pollute 5:00 p.m.,Monday thin Friday,or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mai surface water or groundwater,drinking water wells.fish and wildlife habitat,or the messages sent to an individual Commissioner may not be included in the case file.To ensure inclusion of your E- general health and welfare of the public if unintentionally released into the correspondence Info the case file,please send a copy to egesick@co.weld.co.us. environment. SECOND READING:August 4,2010.at 900 am. • 2. Compatibility with Federal and State Water rules:Development will be permitted THIRD READING:August 23,2010,at 9:00 a.m. and performed in accordance with Section 401 of the CWA,and the rules and regulations as administered by EPA and CDPHE. BOARD OF COUNTY COMMISSIONERS a) Contractors and residents will be required to adhere to the PDES WELD COUNrv,COLORADO and Colorado SPCC regulations. DATED:July 16,2010 b) Site developers and/or construction contractors working within the PUBLISHED:July 22,2010.In the Windsor Beacon • NOTICE The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on July 12, 2010, in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to certain sections of the Weld County Code, as currently amended. Second and third reading of said Ordinance will be considered on August 4, and August 23, 2010. All persons in any manner interested are requested to attend said hearing and may be heard. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 356-4000, Extension 4225, prior to the day of the hearing. Copies of the proposed amendment may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. DOCKET NO. 2010-30 APPLICANT: Todd Creek Village Metropolitan District 10450 East 159th Court Brighton, Colorado 80602 REQUEST: Code Ordinance #2010-1, In the Matter of Repealing and Reenacting, with amendments, Chapter 22 Comprehensive Plan and Chapter 26 Regional Urbanization Area (RUA), of the Weld County Code - Dry Creek RUA • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 22, 2010 PUBLISHED: June 24, 2010, in the Windsor Beacon • 2010-1462 Account#: 346067 Your Local Newspaper Since 1896 • Windsor BeacmA NOME STATE OF COLORADO ) ss:AFFIDAVIT OF PUBLICATION The Board of Canny conduct eerie an u n -icx,ab Of COUNTY OF WELD Weld County, Colorado.wi couct a pubic ) hearing at 9:00 am.,on July 12,2010,in the Chambers of the Board of Canty Commis- sioners,Weld Canty Centennial Center, 915.. 10th Street,Fiat Floor,Greeley,Colorado,for the purpose of considering amendments to Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the certain sections of the Weld Corny Cede,as currently amended. Second and third rearing Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and of ust aa, anaid d ndQA t 2a moo. Al considered paea,s°r'i.,a` „1, published in the town of Windsor, in said county and state; that the notice or advertisement, of manner hearing are requested to attend which the annexed is a true copy,has been published in said weekly newspaper for sad and may be heard. If a court re- porter is desired,please advise the Cleric to the Board,in writing,at least rive daysprior of the 1 Week; hearing. The coat of engaging a count reporter shall be borne by the requesting party. h ac- cordance with the Americas with Disabilities that the notice was published in the regular and entire issue of every number of said newspaper Act,if special accommodations are regiod in order for you to participate h this having, during the period and time of publication of said notice, and in the newspaper proper and not in a please contact the Clerk at (970) 4 ce Clerk to t 4225, phe Board's Office supplement thereof; that the first publication of said notice was contained in the issue of said to the day of the hearth; Copes of the pro- newspaper on posed amendment may be(cartined in the office of the Clerk to the Board of County Comtnasioners, located in the Weld Canty Thursday,June 24,2010 Centernisl Center,915 10th Street,Third Roar, 8:0O m.to C 00p..m Monday ' Friday, that the last publication thereof was contained in the issue of said newspaper on DOCKET NO. 2010-30 Todd Creek Wage MetopoitanDistrct Thursday,June 24,2010 1(14.50 East 159th Coat code o sColoredo pa oa 520 01, n he that said Windsor Beacon has been published continuously and uninterruptedly during the period °f RePeaig and file %tt,g. with of at least six months next prior to the first publication of said notice or advertisement above amendments, Chapter 22 Cu v a awa.e Plan and chapter 26 Regional txha,®ua, referred to;that said newspaper has been admitted to the United States mails as second-class matter Area 1'Of the WeldCreek WA Caps,Code- En' under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said BOARD oE COUNTY coinnlssoreRs newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements wan cotNrv,COLORADO within the meaning of the laws of the State of Colorado. DATED: Jute 22,2010 RJOUSHED: Ana 24, 2010, in the WindsorBeacon / /} G Legal Clerk Subscribed and sworn to before me,within the County of Weld,State of Colorado this Wednesday,June 23,2010 2 My 1S l,.. ties: oZ/�'. //.J : NQT,AR h C <� o Uao --- Notary Public .PUBL; • ,Oe P� Legal No.0034160278 ' COLOR Delivered to: Invoice Text NOTICE The Board of County Commission • 2010-30 WELD COUNTY CLERK TO THE BOARD, 915 10TH ST Affidavit Prepared GREELEY,CO 80631-1117 Wednesday,June 23,20W 1:23 pm • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. The complete case file may be examined by calling the Department of Planning Services at(970) 353-6100 to make arrangements with the case planner. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. If a court reporter is desired for this hearing, please advise the Department of Planning Services, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, prior to the day of the hearing. All cases scheduled before the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at the number above, for hearing continuance information. PLANNING COMMISSION DATE: January 19, 2010 TIME: 1:30 p.m. APPLICANT: Todd Creek Village Metropolitan District PLANNER: Brad Mueller& Michelle Martin REQUEST: Weld County Comprehensive Plan Amendment to create a new Regional Urbanization Area ("RUA")consisting of approximately 2,095 acres. LEGAL DESCRIPTION: Portions of Sections 21, 26, 27, 28, 34 and 35, Ti N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately equidistance from Brighton, Fort Lupton, and Dacono, with adjacency to the Adams County line. The majority of the proposed area lies between CR 4&6 and CR 17 & 21. (See Legal Description for precise location.) • SIZE: 2095 acres, more or less. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: December 18, 2009 PUBLISHED: December 24, 2009, in the Windsor Beacon I#IIgi ell Account#: 346070 Your Local ierasptq c'Since 28116 • Windsor Beacon STATE OF COLORADO ) ss:AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code,a public hearing will bit ICJ before the Weld County Echo Villa , being duly deposes and says that said is the legal clerk of the Planning Commission in the Hearing Room,Weld County Planning De- partment, sworn, P 91810th Street,Greeley,Colorado. n; that the same is a weekly newspaper of general circulation and printed and The complete case file may be examined by calling the Department of Planning Services at(970) 353-6100 to make arrangements with the 9 town of Windsor, in said county and state; that the notice or advertisement, of case planner. To ensure inclusion of your E-Mail correspondence into the rasa file prior to the Planning Commission hearing,please cat the :ed is a true copy,has been published in said weekly newspaper for Department of Planning Services to obtain the appropriate contact in- formation. k, If a court reporter is desired for this hearing,please advise the Depart- ment of Planning Services,in writing,at least five days prior to the hear- ing. stinge cost party. In engaging ec�thepAmeicans with Dlabilmes Aaen- vas published in the regular and entire issue of every number of said newspaper special accommodations are required in order for you to panloipate in d and time of publication of said notice, and in the newspaper proper and not in a this hearing, please contact the Department of Planning Services at (970)353 6100 Ext. 3519,prior to the-day of the hearing. All cases 'eof; that the first publication of said notice was contained in the issue of said scheduled before the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Plan- ning Services at the number above,for hearing continuance informa- tion. day,December 24,2009 PLANNING COMMISSION DATE:January 19,2010 TIME: 1:30 p.m. APPLICANT:Todd Creek Vllage Metropoitan District lication thereof was contained in the issue of said newspaper on PLANNER:Brad Mueller 8 Michele Martin REQUEST:Web County Comprehensive Plan Amendment to create a new Regional Urbanization Area("RUA") consisting of approximately day,December 24,2009 2,095 acres. iiiL DESCRIPTION:Portions of Sections 21,26,27,28,34 and 35, 67W of the 6th P.M.,weld county.Colorado. or Beacon has been published continuously and uninterruptedly during the period nON: Approximately equbistance from Brighton. Fort Lupton, months next prior to the first publication of said notice or advertisement above and Dacorw,with adjacency to the Adams County line. The majority of the proposed area lies between CR 4 8 6 and CR 17 8 21. (See Legal said newspaper has been admitted to the United States mails as second-class matter Description for precise location.) SIZE:2095 acres,more or less. - sions of the Act of March 3, 1879, or any amendments thereof; and that said WELD CO COMMISSION daily newspaper qualified for publishing legal notices and advertisements PLAN COUNTY,COLORADO o duly g DATED:December 18.2009 ing of the laws of the State of Colorado. PUBLISHED:December 24,2009,in the Windsor Beacon 0034148847 1 .- �+ s -- ate•'._ .xr-. -- .i Legal Clerk Subscribed and sworn to before me,within the County of Weld, State of Colorado this Tuesday,December 22,2009 My Commission expires: ,..2 is/z o/.3 c., L . 2 _ cr yr r-ems a L____.-211 64-6 Im cy. 9, • • - / Notary Public fJ.\t"0"" Bim t sr. p ✓ . \NCI :�O Legal No.0034148847 - • O . Delivered to: hn ext - -NOTICE Pursuant to the zoning laws • 2009-Dry Creek WELD COUNTY PLANNING, 918 10TH ST Affidavit Prepared GREELEY,CO 80631-1118 Tuesday,December 22,2009 9:47 am Michelle Martin From: Kristine Ranslem "Pent: Wednesday, January 06, 2010 2:39 PM To: Brighton Standard, Ft. Lupton Press, Farmer-Miner; Central Weld Voice ; sarahansen@coloradoan.com; Erie Review; Fence Post ; Fort Morgan Times ; citydesk@greeleytribune.com; Johnstown Breeze; fhershberger@journal-advocate.com; Longmont Times Call ; Jennifer Ooton; myke505@rtebb.net; Loveland Daily Reporter- Herald ; North Weld Herald ; ktattie@ncbr.com; Pine Bluffs Post; Senior Marketplace News ; UNC Mirror; U.S.Cablevision of Coastal Texas ; Windsor Beacon ; Pirate Radio 104.7; news@kunc.org; todd@k99.com; KSIR Radio; KGRE Radio ; nathan.lynn@1310kfka.com; brian.allmer@gmail.com Cc: Michelle Martin Subject: Press Release Attachments: Press Release.docx Please find the attachment for press release. If you have any questions, please let me know. Thank you! vyLstw\,e r2SiwsLevm. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • ( \ wok COLORADO Press Release FOR IMMEDIATE RELEASE The Weld County Planning Commission will hear a request on Tuesday, January 19, 2010, to amend the Weld County Comprehensive Plan, which would revise the County's Plan, rules, and regulations to create a new Regional Urbanization Area (RUA) on approximately 2,095 acres north of County Road 2 between County Roads 17 and 23 and primarily south of County Road 6. Todd Creek Village Metropolitan District, is proposing that the Weld County Comprehensive Plan be amended from the agricultural uses currently supported to allow for a mixture of residential and limited commercial uses. The Comprehensive Plan serves as the County's foundation for all land use and development regulations in the County. The public hearing will take place on Tuesday, January 19 at 1:30 p.m. at the Weld County Department of Planning Services Office located at 918 10th Street, Greeley Colorado. Additional information is available by calling Michelle Martin with the Weld County Department of Planning Services at(970) 353-6100, • extension 3540. • SERVICE,TEAMWORK,INTEGRITY.QUALITY Hello