HomeMy WebLinkAbout20101776.tiff 8-4-ao/o
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.B.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 21-1-150.6.12 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 22-1-150.8.12.c- "The proposed amendment will be consistent with
existing and future goals, policies and needs of the County."
d. Section 22-1-150.B.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
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Urbanization Area Land Use Map has one-sixth (V6) 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 sewed 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 22-1-150.6.12.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
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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.
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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 26-0 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
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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
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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.
f) 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.
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.
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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.
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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.
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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,entry ways, 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.
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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:
Floodplains (within the Federal Emergency Management Agency
(FEMA) 100-year floodplain)
ii. Critical Wildlife and Riparian Habitat Areas
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
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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
(USACE), 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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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preservation and protection of any potentially significant archeological,
cultural, or historic artifact encountered during construction.
Sec. 244-140. 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
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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.
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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.
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.
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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.
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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.
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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
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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
PAGE 26 2010-1776
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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).
PAGE 27 2010-1776
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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.
PAGE 28 2010-1776
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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:
PAGE 29 2010-1776
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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.
PAGE 30 2010-1776
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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.
The above and foregoing Ordinance Number 2010-1 was, on motion duly made and
seconded, adopted by the following vote on the 23rd day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Douglas Rademacher, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
William F. Garcia
County Attorney
David E. Long
PAGE 31 2010-1776
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Publication: June 24, 2010
First Reading: July 12, 2010
Publication: July 22, 2010, in the Windsor Beacon
Second Reading: August 4, 2010
Publication: August 12, 2010, in the Windsor Beacon
Final Reading: August 23, 2010
Publication: September 2, 2010, in the Windsor Beacon
Effective: September 7, 2010
PAGE 32 2010-1776
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Appendix 26-B
Add the following:
Service Providers for the Dry Creek RUA
Set-Nice Prouder
Domestic Water TCVMD Metro District
Sanitation TCVMD Metro District
Gas Xcel Energy
Electric United Power
Fiber Optic/Comm Qwest/Comcast
School Weld 8 Ft.Lupton
Brighton 27J
Law Enforcement Weld County Sheriff
Fire Brighton Fire Protection District/
Mountain View Fire Protection/
Ambulance Brighton Fire Protection District
Highway&Roads CDOT. Weld County Dept of Public
Recreation TCVMD Recreation District
PAGE 33 2010-1776
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Appendix 26-C
Add the following:
Table #7: Projected Residential Population and Uses in Dry Creek RUA
Projected Population Net Min Max Min Max Min Max
Acres Density Density DU DU PopulatiorPopulatio
Rural Estates 93 1.0 4.0 100 400 300 1200
Suburban Residential 907 2.0 5.5 1,800 5,000 5300 14900
Neighborhood Mixed Use Residential 60 5.0 20.0 300 1,200 900 3600
*Net Acres include development and kcal roads 2,200 6,600 6,500 19,700
•Household Size a 2.97
Table #8: Retail, Office, and Commercial Program of the Dry Creek RUA
Min # Max# Min Max
Retail/Office/Commercial/Program Acres FAR of jobs of jobs Sq Ft Sq Ft
Community and Local Services 5.0 0.2 44 126 22,000 63,000
(Sales Center/Day Care/Real Estate Offices,
Fitness, Civic Uses, etc)
Leisure/Dining/Professional Office 10.0 0.2 87 249 44,000 124,000
(Restaruant, Cott, Ace Hardware, Fast Food
Bank,Medical/Dental Office,Local Retail,etc)
Daytime Shopping 0.2 0 0 0 0
(Sporting Goods, Bike Shop, Bookstore, Salon
Pharmacy-Walgreens, Small Grocery, Gas,etc.)
TOTAL 15.0 131 374 66,000 187,000
*Jobs calculated as 1 per 500 sq.ft.of commercial sq.ft.
PAGE 34 2010-1776
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Appendix 26-G
Add the following:
DRY CREEK RUA: ADAPTABLE AND NATIVE PLANTING LIST FOR RESIDENTIAL
LANDSCAPING AND NATURAL OPEN SPACE RESTORATION
TREES AND SHRUBS
Scientific Name Common Name Mature Height Mature Width
Riparian Trees:
Populus deltoides ssp. monilifera plains cottonwood 60-80 feet 40-50 feet
Salix amygdaloides peachleaf willow , 60-80 feet 60-80 feet
Riparian Shrubs:
Amorpha fruticosa lead plant 2-4 feet 2-4 feet
Rosa woodsii woods rose 2-4 feet 2-4 feet
Salix exigua coyote willow 5-10 feet 5-10 feet
Upland Shrubs:
Atriplex canescens four-winged saltbush 2-4 feet 2-4 feet
Ribes cereum white squaw currant 2-4 feet 2-4 feet
Symphoricarpos occidentalis Western snowberry 2-4 feet 2-4 feet
WILDFLOWERS
Scientific Name Common Name Mature Height Mature Width
Achillea lanulosa western yarrow 1-2 feet 1-2 feet
Liatris punctata dotted gayfeather 1-2 feet 1-2 feet
Linum lewisii blue flax 1-2 feet 1-2 feet
Mertensia ciliata streamside bluebells 1-2 feet 1-2 feet
Oenothera pallida white evening primrose 1-2 feet 1-2 feet
Penstemon strictus Rocky Mtn. Penstemon 1-2 feet 1-2 feet
Ratibida columnifera prairie coneflower 1-3 feet 1-3 feet
Rudbeckia hirta black-eyed susan 1-3 feet 1-3 feet
GRASSES
Scientific Name Common Name Mature Height Mature Width
Achnatherum hymenoides indian ricegrass 1-2 feet 1-2 feet
Andropogon halii var. Hack sand bluestem 1-2 feet 1-3 feet
Bouteloua curtipendula side-oats grama 1-1.5 feet 1-3 feet
PAGE 35 2010-1776
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Bouteloua gracilis blue grama 1-1.5 feet 1-3 feet
Calamovilfa longifolia prairie sandreed 1.5 -5 feet 1-3 feet
Elymus elymoides bottlebrush squirreltail 1-2 feet 1-3 feet
Elymus lanceolatus dasystachyum thickspike wheatgrass 1-4 feet 1-3 feet
Festuca arizonica pinegrass 1-2 feet 1-3 feet
Koeleria marcantha prairie junegrass 1-2 feet 1-3 feet
Pascopyrum smithii western wheatgrass 1-3 feet 1-3 feet
Poa secunda (sandbergii) Sandberg bluegrass 1-3 feet 1-3 feet
Sorqhastrum nutans yellow indian grass 1-3 feet 1-3 feet
Sporobolus cryptandrus sand dropseed 1-2 feet 1-3 feet
Stipa comata needle and thread 1-2 feet 1-3 feet
Stipa viridula green needlegrass 1-2 feet 1-3 feet
GRASSLIKE SPECIES
Scientific Name Common Name Mature Height Mature Width
Carex nebrascensis Nebraska sedge 1-2 feet 1-3 feet
Carex praegracilis Black creeping sedge 1-2 feet 1-3 feet
Distichlis spicata inland saltgrass 1-2 feet 1-3 feet
Eleocharis palustris creeping spikerush 1-2 feet 1-3 feet
Glyceria striata mannagrass 1-3 feet 1-3 feet
Juncus balticus Baltic rush 1-2 feet 1-3 feet
Juncus tenuis slender rush 1-2 feet 1-3 feet
Juncus toreyii Torrey's rush 1-2 feet 1-3 feet
Scirpus pallidus cloaked bulrush 1-3 feet 1-3 feet
Scirpus pungens three-square 1-3 feet 1-3 feet
Scirpus tabernaemontani softstem bulrush 1-3 feet 1-3 feet
Spartina pectinata prairie cordgrass 1.5 -5 feet 1-3 feet
PAGE 36 2010-1776
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Appendix 26-O
Add the following:
Dry Creek R UA School Program
School Program Requirements
K-8 HS
Estimated#of Schools 3 1
Land Area (AC) 60 50
Student Capacity per school 765 1020
A'erage Size (AC) 20 50
Min#of Jobs 61 19
Aug #of Jobs 114 36
Max #of Jobs 177 58
Min#of schools 1.55 0.39
Aug #of schools 2.87 0.73
Max #of schools 4.48 1.19
Note:Source Brighton 27j School District
Ft. Lupton Weld 8 School District
PAGE 37 2010-1776
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