HomeMy WebLinkAbout20081358.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-1 was introduced on
first reading on March 3, 2008, and a public hearing and second reading was held on March 24,
2008. A public hearing and final reading was completed on April 14, 2008, 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. 2008-1
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: April 28, 2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 18, 2008
PUBLISHED: April 23, 2008, in the Fort Lupton Press
04.D 07e,08- 1
2008-1358
PROOF OF PUBLICATION NOTICE OF FINAL READING OF
FORT LUPTON ORDINANCE
Pursuant to the Weld County
STATE OF COLORADO
Home Rule Charter, Ordinance
Number 2008-1 was introduced on
COUNTY OF WELD SS. first reading on March 3, 2008,
and a public hearing and second
reading was held on March 24,
2008. A public hearing and final
reading was completed on April
14, 2008, with no change being
made to the text of said
I, Karen Lambert, do solemnly swear that I Ordinance, and on motion duly
am the Publisher of the Fort Lupton Press; made aEd veconded,wad
da Effective low of said
Ordinance is listed below.
that the same is a weekly newspaper printed Any backup material, exhibits or
information previously submitted
and published in the County of Weld, State to the Board of County
of Colorado, and has a general circulation matter ma may iaebes e in this
h
t be examined the
office of the Clerk to the Board of
therein; that said newspaper has been County Commissioners,located in
the Weld County Centennial
published continuously and uninterruptedly Center, 915 10th Street, Third
Flin said county of Weld for a period of more theoh,Greeley,8:00 a m, andbe 00
the hours le ,C a.m. 5:00
p.m., Monday thm Friday, or may
than fifty-two consecutive weeks prior to the be accessed through the Weld
County Web Page
first publication of the annexed legal notice (www.co.weld.co.us). E-Mail
messages sent to an individual
or advertisement; that said newspaper has Commissioner may not be
e. To
been admitted to the United States mails as included in l the of yourlE-Nall
es Inclusion of
correspondence Into the case
second-class matter under the provisions of file, please send a copy to
the act of March 3, 1879, or any egesick@co.weld.co.us.
ORDINANCE NO.2008-1
amendments thereof, and that said ORDINANCE TITLE: IN THE
MATTER OF REPEALING AND
newspaper is a weekly newspaper duly REENACTING, WITH
AMENDMENTS, CHAPTER 21
qualified for publishing legal notices and AREAS AND ACTIVITIES OF
STATE INTEREST,advertisements within the meaning of the WELD COUNTY OF THE
CODE
EFFECTIVE DATE:April 28,2008
laws of the State of Colorado. That the
BOARD OF COUNTY
annexed legal notice or advertisement was COMMISSIONERS
WELD COUNTY,COLORADO
published in the regular and entire issue of
DATED:April 18,2008
every number of said weekly newspaper for PUBLISHED:April 23,2008,in
the Fort Lupton Press
the period of 1 consecutive insertion(s); and
that the first publication of said notice was in
the issue of newspaper, dated 23rd day of
April, 2008, and the last on the 23rd day of
April, 2008.
Publisher. Subscribed and sworn b
18th day of April, 2008. NOTARY
"0"<>o- O
9 PUBLIC QP
?Jb% _ �ippcok- yd
EX
Notary Public.
CASE NO.401951 key 51O61
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-1 was introduced on
first reading on March 3, 2008, and a public hearing and second reading was held on March 24,
2008, 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 April 14, 2008. 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. 2008-1
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD
COUNTY CODE
DATE OF NEXT READING: April 14, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 28, 2008
PUBLISHED: April 2, 2008, in the Fort Lupton Press
PROOF OF PUBLICATION NOTICEOF
SECOND READING OF
FORT LUPTON ORDINANCE
Pursuant to the Weld County
STATE OF COLORADO
Home Rule Charter, Ordinance
Number 2008-1 was introduced on
COUNTY OF WELD SS. first reading on March 3, 2008,
and a public hearing and second
reading was held on March 24,
2008,with no change being made
to the text of said Ordinance. A
public hearing and third reading is
schedI, Karen Lambert, do solemnly swear that I bled fto be held F in the
ring of the 915r 10th
First Floor
Hearing Room, 915 10th Street,
am the Publisher of the Fort Lupton Press; Greeley,Colorado 80631,on April
14,
that the same is a weekly newspaper printed manner interested Al in o persons the any
next
reading of said Ordinance are
and published in the County of Weld, State requested to attend and may be
heard.
of Colorado, and has a general circulation Please contact the Clerk to the
Board's Office at phone(970)336-
therein; that said newspaper has been 7215,Extension 4225,or fax(970)
352?0242, prior to the day of the
published continuously and uninterruptedly hearing if, as a result of a
disability, you require reasonable
in said county of Weld for a period of more accommodations in order to
than fifty-two consecutive weeks prior to the participate Any
backup in this hearing.
aterial, exhibits or
information previously submitted
first publication of the annexed legal notice to the Board of County
Commissioners
or advertisement; that said newspaper has be concerning
ed this
matter may in
m the
office of the Clerk to the Board of
been admitted to the United States mails as County Commissioners,located in
thal
second-class matter under the provisions of Center,
Weld County 0t eCe, Third
Fencer, 915 10th Street, Third
the act of March 3, 1879, or any the Fleoh Greeley,Colorado,a.m. and 5:00
, Monday on 8 a.m. may
p.m., thru Friday,or may
amendments thereof, and that said be accessed through the Weld
County Web Page
newspaper is a weekly newspaper duly (www.co.weld.co.us). E-Mail
messages sent to an individual
qualified for publishing legal notices and Commissioner may not be
included in the case file. To
advertisements within the meaning of the ensure inclusion of your E-Mail
correspondence into the case
laws of the State of Colorado. That the file, please send a copy to
egesick@co.weld.co.us.
annexed legal notice or advertisement was
published in the regular and entire issue of ORDINANCE N0.2008-1
ORDINANCE TITLE: IN THE
every number of said weekly newspaper for MATTER OF REPEALING AND
REENACTING, WITH
the period of 1 consecutive insertion(s); and AMENDMENTS, CHAPTER 21
AREAS AND ACTIVITIES OF
that the first publication of said notice was in STATE INTEREST, OF THE
WELD COUNTY CODE
the issue of newspaper, dated 2nd day of
DATE OF April, 2008, and the last on the 2nd day of 14,20 8,at 9:00 READING: April
9:00 a.m.
EXT
April, 2008. BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
DATED:March 28,2008
PUBLISHED:April 2,2008,in the
Fort Lupton Press
w f
Publisher. Subscribed and sworn ba
LOP
31st day of March, 2008.
Notary Public.
CASE NO.401951 key 50622
WELD COUNTY
CODE ORDINANCE 2008-1
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST, 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.
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 21
AREAS AND ACTIVITIES OF STATE INTEREST
Add the following:
ARTICLE IV
Site Selection and Construction of Arterial Highways,Interchanges and Collector Highways
(Including Private Toll Roads and Toll Highways),Mass Transit and Rapid Transit Terminals,
Stations and Fixed Guideways,and Areas around Arterial Highways,Interchanges,Collector
Highways(Including Private Toll Roads and Toll Highways), Mass Transit and Rapid Transit
Terminals, Stations and Fixed Guideways
Division 1
General and Introductory Provisions
Sec. 21-4-10. Purpose and Intent.
The regulations contained in this Article IV ("Highways 1041 Regulations") are limited to
facilities which fall under the requirements and provisions of Sections 7-45-101 and 38-2-101,
C.R.S., et seq., and, in that regard, their purpose and intent are:
A. To encourage planned and orderly land use development.
B. To set forth the approval criteria and application submittal requirements for:
1. Site selection of arterial highways, interchanges, and collector highways
(including private toll roads and toll highways), and areas around arterial
highways, interchanges, and collector highways(including private toll roads
and toll highways), and
2. Site selection of mass transit and rapid transit terminals, stations, and fixed
guideways, and areas around mass transit and rapid transit terminals,
stations, and fixed guideways
C. To establish regulations governing inter-jurisdictional projects for highways and/or
mass transit facilities which are consistent from one jurisdiction to another
jurisdiction.
D. To provide for the needs of agriculture, industry, business, residential communities,
and recreation in future growth.
E. To regulate the site selection and construction of arterial highways, interchanges,
and collector highways (including private toll roads or toll highways), mass transit
and rapid transit terminals, stations, and fixed guideways, and areas surrounding
the same, in order to balance the protection, mitigation of damage to, and
enhancement of, environmental resources, and the private property rights of
property owners in Weld County with the transportation needs, and other
development values and existing environmental quality in Weld County.
F. To promote the efficient and economic use of public resources.
G. To regulate the site selection and construction of arterial highways, interchanges
and collector highways(including private toll roads and toll highways), mass transit
and rapid transit terminals, stations, and fixed guideways, and areas surrounding
the same, in order to balance the transportation needs of the citizens and
businesses of Weld County with the developmental values of the proposal.
H. To avoid or reduce direct conflicts with adopted master plans.
To create a regulatory system which protects and preserves the property rights of
property owners in Weld County.
Sec. 21-4-20. Definitions.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific
to the designation of site selection and construction of arterial highways, interchanges, collector
highways (including private toll roads and toll highways), mass transit, rapid transit, terminals
stations, fixed guideways, and areas surrounding the above, shall be construed to have the
meanings set forth as follows:
A. Arterial Highway: Any limited-access highway which is part of the federal-aid
interstate system or any limited-access highway constructed under the supervision
of the Colorado Department of Transportation. "Arterial highway" may include a
private toll road and/or toll highway.
B. Collector Highway: A major thoroughfare serving as a corridor or link between
municipalities, unincorporated population centers or recreation areas, or industrial
centers, and constructed under guidelines and standards established by, or under
the supervision of,the Colorado Department of Transportation. "Collector highway"
does not include a city street or local service road, or a county road designed for
local service and constructed under the supervision of local government. "Collector
highway" may include a private toll road and/or toll highway.
C. Fixed Guideway: A system of public transportation which utilizes and occupies a
separate right-of-way or rail for the exclusive use of public transportation service.
D. Fixed Guideway Corridor: A corridor designated by the governing body, (e.g.,
county, state, Regional Transportation District, municipality, etc.), for the
construction and operation of a fixed guideway mass transportation system.
E. Highway: Any right-of-way used for transportation purposes, including, but not
limited to, bridges on the roadway and culverts, sluices, drains,ditches,waterways,
embankments, retaining walls, trees, shrubs, and fences along, or upon, the same
and within the right-of-way. "Highway" may include a private toll road and/or toll
highway.
F. Interchange: The intersection of two or more highways, roads, or streets, at least
one of which is an arterial highway or toll road where there is direct access to, and
from, the arterial highway or toll road.
G. Mass Transit: A coordinated system of transit modes providing transportation for
use by the general public.
H. Mitigation:
1. Avoiding an impact by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action or its
implementation.
3. Reducing or eliminating the impact over time by preservation and
maintenance operations.
4. Compensating for the impact by replacing or providing suitable biological
and/or physical conditions; and by replacing or providing suitable arterial
highways, interchanges, collector highways(including private toll roads and
toll highways), mass transit and rapid transit terminals, stations, and fixed
guideways, where applicable.
5. Compliance with reasonable conditions and developing standards.
6. The best available technology shall be used to mitigate demonstrable
negative impacts on citizens and businesses located in areas surrounding
arterial highways, interchanges, collector highways (including private toll
roads and toll highways), mass transit and rapid transit terminals, stations,
and fixed guideways.
I. Private toll road or toll highway: Any right-of-way used for transportation purposes.
Private toll road or toll highway includes, but is not limited to, bridges on the
roadway and culverts, sluices, drains ditches, waterways, embankments, retaining
walls,trees, shrubs, and fences along or upon the same and within the right-of-way.
J. Proposed Project: For purposes of this Article IV, Proposed Project refers to the
determination of a site for, and the development and construction of, arterial
highways, interchanges, and collector highways(including private toll roads and toll
highways), and of mass transit and rapid transit terminals, stations and fixed
guideways.
K. Rapid Transit: The element of a mass transit system involving a mechanical on an
exclusive lane or guideway constructed solely for that purpose.
L. Service Road: A street or road meeting County specifications, used to provide
ingress and egress to a development located adjacent to a highway.
M. Station or Terminal: A facility constructed to provide and facilitate passenger
access to, and from, a rapid or mass transit system, including areas necessary for
vehicle operations, parking areas for commuters, and roadways connecting to the
general road system of the County. A"station" shall include, but not be limited to,
any proposed regularly scheduled stop, or planned optional or seasonal boarding
point, on a rapid transit system.
N. Transportation: Transport of persons or property by motor vehicle, bus, truck,
railroad, light rail, mass transit, airplane, bicycle, or any other form of transport.
"Transportation" includes pedestrian transportation.
Sec. 21-4-30. Applicability.
These Highways 1041 Regulations shall apply to site selection of arterial highways,
interchanges, and collector highways (including private toll roads and toll highways), and areas
around arterial highways, interchanges,and collector highways(including private toll roads and toll
highways), and to site selection of mass transit and rapid transit terminals, stations, and fixed
guideways and areas around mass transit and rapid transit terminals,stations and fixed guideways;
excluding proposed projects sited and constructed by Weld County, and proposed projects sited
and constructed by the Colorado Department of Transportation ("CDOT"), which do not fall within
the requirements and provisions of Sections 7-45-101, and 38-2-101, C.R.S. ,et seq.
Sec. 21-4-40. Relationship of Highways 1041 Regulations to Other County, State, and
Federal Requirements.
A. Nothing in these Highways 1041 Regulations shall be construed as exempting an
applicant for a permit from any other requirements of this County, or other state or
federal laws and regulations.
B. To the extent that the requirements of these Highways 1041 Regulations differ from
any other applicable requirements, the more restrictive requirements shall apply.
C. Nothing in these Highways 1041 Regulations shall be construed as enhancing or
diminishing the power and authority of municipalities, counties, or the State of
Colorado. Any order, rule, or directive issued by any governmental agency,
pursuant to these Highways 1041 Regulations, shall not be inconsistent with, or in
contravention of, any decision, order, or finding of the State of Colorado with
respect to public convenience and necessity. The State of Colorado shall take into
consideration and, where feasible, foster compliance with adopted master plans of
local governments, regions, and the state.
D. Nothing in these Highways 1041 Regulations shall be construed as enhancing or
diminishing the rights and procedures with respect to the power of a municipality,
county, transportation district, or the state to acquire property and rights-of-way by
eminent domain to serve public need in the most economical and expedient
manner.
E. Nothing in these 1041 Transportation Regulations shall be construed as enhancing
or diminishing State laws governing the creation or operation of private toll roads or
toll highways, or the companies which operate them, or of the creation and
operation of public toll roads or toll highways.
Division 2
Designation of Site Selection and Construction of Arterial Highways, Interchanges and Collector
Highways (Including Private Toll Roads and Toll Highways), and Mass Transit and Rapid Transit
Terminals, Stations, and Fixed Guideways.
Sec. 21-4-200. Designation of Site Selection and Construction.
The Board of County Commissioners, having considered the need for current and future
development of a variety of roadways and mass transit and rapid transit modes of transportation,
and the provisions and requirements of these Highways 1041 Regulations, hereby orders that the
designation of site selection and construction of the projects set forth in this Article IV, as a matter
of state interest, made by the Board on the 17th day of December, 2007, is hereby ratified and
confirmed, and that this activity shall be regulated pursuant to the provisions of the Chapter 21.
Sec. 21-4-210. Boundaries of Area Covered by Designation.
The site selection and construction of any arterial highway, interchange, collector highway
(including private toll road or toll highway), or mass transit or rapid transit terminal, station, or fixed
guideway, as defined herein, being wholly or partially within the boundaries of Weld County, shall
be subject to this designation and these Highways 1041 Regulations.
Sec. 21-4-220. Designation as Matter of State Interest.
The site selection and construction of any arterial highway, interchange, collector highway
(including private toll road or toll highway), or mass transit or rapid transit terminal, station, or fixed
guideway, as defined herein, are hereby designated as a matter of state interest.
Division 3
Permit Program for Site Selection and Construction of Arterial Highways, Interchanges, and
Collector Highways (Including Private Toll Roads and Toll Highways), Mass Transit and Rapid
Terminals, Stations, and Fixed Guideways
Sec. 21-4-300. Prohibition on Site Selection and Construction of an Arterial Highway,
Interchange, and Collector Highway (Including Private Toll Road or Toll Highway), Mass
Transit and Rapid Transit Terminals, Stations and Fixed Guideways, and the Areas
Surrounding the Foregoing.
A. No person may locate and construct an arterial highway, interchange, or collector
highway(including private toll road or toll highway), mass transit and/or rapid transit
terminal,station,and/or fixed guideway,as defined herein and specifically as limited
pursuant to Sections 21-4-100 and 21-4-120 of this Article, within the
unincorporated portions of this County, without first obtaining a permit pursuant to
the terms of this Article IV.
B. No local authority, including Weld County, may issue a building permit for the
purposes of selecting a site for and constructing an arterial highway, interchange,
collector highway (including private toll road or toll highway), mass transit and/or
rapid transit terminal, station, or fixed guideway, as defined herein, and specifically
as limited pursuant to Sections 21-4-100 and 21-4-120 of this Article, wholly or
partially within the unincorporated portions of this County,without the applicant first
having obtained a permit pursuant to the terms of this Article IV.
Sec. 21-4-310. Procedural Requirements.
A. The procedures concerning permit applications, notice and conduct of permit
hearings, review of Board of County Commissioners' decisions, and issuance and
content of permits for selecting a site and constructing any arterial highway,
interchange, collector highway, mass transit and rapid transit terminals, stations,
and/or fixed guideway(including the area around such sites)shall comply with the
provisions set forth in Chapter 21, Article II, of this Code, Permit Regulations,
together with the additional regulations set forth in Article IV.
B. Prior to the pre-application conference,the applicant may meet with the Department
of Planning Services to discuss and outline the project. The purpose of the meeting
is to discuss general information pertinent to the proposed project, identify any
major problems, and define issues in order to direct the data gathering and
assessment that are to accompany the future application. No record shall be
maintained of this meeting and neither party shall be bound by plans, statements,
or positions discussed at the meeting.
1. If, as a result of the meeting, the Department of Planning Services
determines that the nature or extent of the proposed project involves the
potential for significant environmental or economic damage, or warrants
examination of specific less environmentally damaging alternatives, the
Department of Planning Services may request that the applicant evaluate
and present information on such alternatives as part of the application. This
shall not preclude a similar request following the pre-application conference.
2. Required information on alternatives may include, but shall not necessarily
be limited to, information on the environmental impacts and
cost-effectiveness of the alternatives in relationship to the proposed project
presented.
C. To minimize expenditures of time and money by all concerned, an application for
a permit to locate an arterial highway, interchange, or collector highway (including
private toll road or toll highway), or mass transit or rapid transit terminal, station, or
fixed guideway must begin with a pre-application conference with the Department
of Planning Services.
D. The requirements of these Highways 1041 Regulations shall not be deemed to
waive the requirements of Sections 7-45-101 and 38-2-101, C.R.S., et seq., if
applicable, which require that:
1. No application for the construction of an arterial highway, interchange, or
collector highway(including private toll road or toll highway), or mass transit
or rapid transit terminal, station, or fixed guideway, shall be granted without
the applicant first having established that the project has been incorporated
into the State Transportation system, as set forth in Section 7-45-101,
C.R.S., et seq.; obtained the consent of the Board of County
Commissioners,through Section 38-2-101(3),C.R.S.;or paid any applicable
tax, fee, or charge established by the Board of County Commissioners,
pursuant to Section 38-2-101(4), C.R.S.
2. No applicant may exercise the right of eminent domain to acquire any
right-of-way for the development and construction of any project. The
exercise of the right of eminent domain may only be exercised by the
Colorado Department of Transportation, as set forth in Sections 7-45-104
and 38-2-101, C.R.S.
E. Available documents,studies,or reviews by the applicant or regulatory agencies will
be utilized whenever possible by Weld County in its review, in order to minimize
duplication and promote the timely review of the permit application.
Sec. 21-4-320. Pre-application Conference.
A. Prior to formal filing of the application, the applicant shall confer with the staff
person assigned to the case by the Department of Planning Services to obtain
information and guidance. The purpose of such a conference is to allow the
applicant and the staff to review the proposed project informally.
B. Topics of discussion shall include, but not be limited to:
1. Characteristics of the proposed project, including its location or potential
location(s), significant natural and man-made features with particular
attention to natural hazard, resource, or other special areas, the size and
accessibility of the site, surrounding development and land uses, and its
potential impact on the surrounding areas,including potential environmental
effects and planned mitigation strategies.
2. Community policy considerations,including the review process and likely the
conformity of the proposed development with the policies and requirements
of these Highways 1041 Regulations.
3. Applicable regulations, review procedures, and submission requirements.
4. Other regulatory reviews or procedures to which the applicant is subject,the
applicant's time frame for the project,whether the applicant requests waiver
of the preliminary application, and other concerns of the applicant.
C. Any comments or commitments made by any member of the County administration,
as to the merits of the substance of the application during this pre-application
conference, are only preliminary in nature and may not be relied upon by the
applicant. All prospective applicants shall be informed that formal comments cannot
be made by staff until after the application is submitted and adjacent or nearby
property owners and referral agencies have had an opportunity to respond, if
applicable.
D. County staff will make available to the applicant any public information concerning
the application which is in the County's possession.
E. The Department of Planning Services shall consider the County's application
requirements for the proposed project, and shall notify the applicant, either at the
pre-application conference, or within ten (10) days thereafter, in writing, of such
requirements, including, but not limited to, the extent of interest holders to receive
notification of the proposed project under Section 21-2-250 of this Code, and other
applicable sections, the extent of the project area to be considered, the submittal
requirements that may be waived by Weld County, and any particular submittal
requirements in addition to those specified in these Highways 1041 Regulations.
Division 4
Permit Approval Criteria.
Sec. 21-4-400. General Permit Approval Criteria.
A. A permit application for development of a matter of state interest through this
Article IV may not be approved unless the applicant satisfactorily demonstrates that
the proposed project, including all mitigation measures proposed by the applicant,
complies with all of the applicable criteria set forth herein. If the proposed project
does not comply with all of the applicable criteria, the permit shall be denied, unless
the Board determines that reasonable conditions may be imposed on the permit,
which will enable the permit to comply with the criteria. The Board of County
Commissioners shall take the construction, operation, and cumulative impacts of
the proposed project into consideration.
B. If the Board of County Commissioners determines at the hearing that sufficient
information has not been provided in order to determine if the applicable criteria
have been met, the Board may continue the hearing until the specified additional
information has been received.
Sec. 21-4-410. Specific Permit Approval Criteria.
A. Property Rights, Permits, and Other Approvals. The applicant must have all
property rights(or irrevocable commitments to transfer affected property if approval
is granted to the Applicant), permits, and approvals necessary for the proposed
project, including easements and rights-of-way. The Board may, in its discretion,
defer making a final decision on the application until necessary property rights,
permits, and approvals for the proposed project are obtained.
B. Consistency with Water Quality Plan. The proposed project must be consistent with
the regional water quality plans for the area within which the proposed project will
be located.
C. Consistency with Comprehensive Plans. The proposed project must be consistent
with Chapter 22 of this Code and Intergovernmental Agreements for the area within
which the proposed project will be located.
D. Applicant Capability. The applicant must have the necessary expertise and financial
capability to develop and operate the proposed project, consistent with all
requirements and conditions.
E. Feasibility of Proposed Project. The proposed project must be technically and
financially feasible, considering the cost of the proposed project, amount of debt
associated with the proposed project, and sources of funding to retire the debt and
anticipated revenue.
F. Risk from Natural Hazards. The proposed project must not be subject to significant
risk from natural hazards.
G. Effect on Government Services. The proposed project must not have a significant
adverse effect on the capability of local government to provide services or exceed
the capacity of service delivery systems. For purposes of this section, the following
factors shall be considered:
1. Existing and potential capability of local governments to accommodate
development related to the proposed project.
2. Current and proposed capacity of roads, schools, infrastructure, housing,
law enforcement, emergency response, and other services, and the impact
of the proposed activity upon such capacity.
3. Changes caused by the proposed project in the cost of providing education,
transportation networks,water and wastewater treatment, irrigation delivery
systems, emergency services, or other governmental services or facilities.
4. Need for temporary roads to access the construction of the proposed
project.
H. Financial Burden. The proposed project will not create a significant financial burden
on existing or future residents of the County. Considerations of the financial burden
may include the following considerations:
1. Documented changes in assessed valuation.
2. Tax revenues and fees to local governments which will be generated by the
proposed project.
3. Changes in total property tax burden associated with special districts, tolls,
or special assessments associated with the proposed project.
Economic Sector. The proposed project will not significantly degrade any
substantial sector of the economy. For the purposes of this section, the following
factors may be considered:
1. Changes to projected revenues generated from each economic sector.
2. Changes in the value or productivity of any lands.
3. Changes in opportunities for economic diversification.
J. Recreational Opportunities. The proposed project will not significantly degrade the
quality or quantity of recreational opportunities and experience.
K. Agriculture. The proposed project must not interfere with productive agricultural
operations, and must not be located on lands identified as suitable for
economically-viable agricultural production. The determination of effects of the
proposed project on agricultural activities may consider interference with livestock
or loss of productive soils.
L. Environmental Impacts. The proposed project must not significantly degrade the
natural environment, including environmental resources, natural resources, and
open space areas identified by the County for preservation or conservation. For the
purposes of this section, the following resource categories shall be considered:
1. Air Quality. The proposed project shall not significantly degrade visual
quality. In determining impacts to visual quality, these factors may be
considered:
a. Changes to seasonal ambient air quality.
b. Changes in visibility and microclimates.
c. Applicable air quality standards.
2. Visual Quality. The proposed project shall not significantly degrade visual
quality. In determining impacts to visual quality, these factors may be
considered:
a. Visual changes to ground cover and vegetation, streams, natural
contours, and outcroppings, and other significant natural features.
b. Interference with viewsheds and scenic vistas.
c. Changes in appearances of grasslands, wooded areas, or riparian
corridors.
d. Changes from rural to urban land forms and structures.
e. Compatibility of structure design and materials with surrounding land
uses.
3. Surface Water Quality: The proposed project shall not significantly degrade
water quality. In determining impacts to surface water quality, the County
review shall be limited to non-point source pollution associated with the
proposed project that is not covered by a permit issued under the State
CPDES program, or the stormwater permit requirements. In determining
impacts to surface water quality, these factors may be considered:
a. Changes to existing water quality, including patterns of water
circulation, temperature, conditions of the substrate, extent and
persistence of suspended particulates and clarity, odor, color or
taste of water.
b. Applicable narrative and numeric water quality standards.
c. Increases in impervious surface areas.
d. Increases in erosion potential.
e. Increases in sediment loading to water bodies.
f. Changes in historic runoff patterns and velocity.
g. Use of de-icers, solvents, and salts.
h. Use of the proposed project to transport hazardous materials.
4. Groundwater Quality. The proposed project shall not significantly degrade
groundwater quality. In determining impacts to groundwater quality, these
factors may be considered:
a. Changes in aquifer recharge rates, groundwater levels, and aquifer
capacity, including seepage losses through aquifer boundaries and
at aquifer-stream interfaces.
b. Changes in capacity, function, or water quality, of stock-watering
and domestic wells.
5. Wetlands and riparian areas. The proposed project shall not significantly
degrade the quality of wetlands and riparian areas. In determining impacts
to wetlands and riparian areas, these factors may be considered.
a. Changes in the structure and function of wetlands.
b. Changes to the filtering and pollutant uptake capacities of wetlands
and riparian areas.
c. Changes to aerial extent of wetlands.
d. Changes in species' characteristics and diversity.
e. Transition from wetlands to upland species.
f. Changes in function and aerial extent of floodplains.
g. Interference with flood control capacity.
6. Terrestrial and aquatic animal life. The proposed project shall not
significantly degrade the quality of terrestrial and aquatic life. In determining
impacts to terrestrial and aquatic animal life, these factors may be
considered:
a. Changes in species composition or density.
b. Changes in number of threatened or endangered species.
c. For terrestrial species, changes to, or interference with, habitat and
critical habitat, including calving grounds, mating grounds, nesting
grounds, summer or winter range, migration routes, or other habitat
features necessary for the protection and propagation of any
terrestrial animals.
d. For aquatic species, changes to habitat and critical habitat,
including: stream bed and banks, spawning grounds' riffle and side
pool areas, flushing flows, nutrient accumulation and cycling, water
temperature, depth, and circulation, stratification, and any other
conditions necessary for the protection and propagation of aquatic
species.
e. Changes to the aquatic and terrestrial food webs.
7. Terrestrial and aquatic plant life. The proposed project shall not significantly
degrade the quality of terrestrial and aquatic plant life. In determining
impacts to terrestrial and aquatic plant life,these factors may be considered:
a. Changes to the habitat of threatened or endangered plant species.
b. Changes to the structure and function of vegetation, including
species composition, diversity, biomass, and productivity.
c. Changes in advancement or succession of desirable and less
desirable species, including noxious weeds.
8. Soil and geologic conditions. The proposed project shall not significantly
degrade soils and geologic conditions. In determining impacts on soils and
geologic conditions, these factors may be considered:
a. Changes to the topography, natural drainage patterns, soil
morphology and productivity, soil erosion potential,and flood hazard
areas.
b. Changes to unstable and potentially unstable slopes.
c. Exacerbation of seismic concerns and subsidence.
M. Cultural Resources: The proposed project shall not interfere with the preservation
of cultural resources,including historical structures and sites,agricultural resources,
the rural lifestyle, and the opportunity for solitude in the natural environment.
N. Land Use: The proposed project shall not cause significant degradation of land use
patterns in the area around the proposed project. In making this determination,
these factors may be considered:
1. Land use policies reflected in land use plans.
2. The likelihood that the proposed project will/will not cause, or contribute to,
urban sprawl or"leapfrog" development.
3. Significant changes in the amount of impervious surfaces.
4. Contiguity of development associated with the proposed project to existing
growth centers.
Q. Hazardous Materials Risk. The proposed project shall not result in an unreasonable
risk of releases of hazardous materials. In making this determination, these factors
may be considered:
1. Plans for compliance with federal and state handling,storage, disposal, and
transportation requirements.
2. Use of waste minimization techniques.
3. Adequacy of spill prevention and response plans.
4. Nature and extent of materials associated with the construction and
operation of the proposed project.
P. Nuisance. The proposed project shall not create blight or other nuisance factors
such as excessive noise, glare, dust, or odor.
Q. Cost and Benefits. The benefits accruing to the County and its citizens from the
proposed project outweigh the losses of any resources within the County, or the
losses of opportunities to develop such resources.
R. Best Alternative. The proposed project is the least damaging alternative based
upon consideration of need, existing technology, cost, impact, and these
regulations.
S. Responsibility for Fees. The applicant shall be responsible to pay for any consultant
which the County may need to retain to analyze, evaluate, or provide information to
the County, regarding all,or a portion of, an application where County staff does not
have expertise. No application shall be approved until all fees have been paid.
Sec. 21-4-420. Additional Standards of Approval for Site Selection of Arterial Highways,
Interchanges, and Collector Highways (Including Private Toll Roads and Toll Highways).
In addition to the general permit approval Criteria and the Standards for Approval of all
permit applications, proposed projects for site selection of arterial highways, interchanges and
collector highways (including private toll roads and toll highways), the applicant shall satisfy these
additional standards:
A. Need. Highways and interchanges shall be located only in those community areas
for which a clear and reasonable need for such highway facilities has been
demonstrated. Highways and interchanges shall be located so that:
1. Community traffic needs are met.
2. Desirable community patterns are not disrupted. "Non-disruption" may be
proven through the construction of overpasses or underpasses at all county
roads and rights-of-way currently being maintained privately, or by the
County, or those rights-of-way not being currently maintained, but deemed
necessary by the County for future transportation needs.
B. Multi-model Features. Other reasonable modes of transportation shall be
incorporated into the highway proposal, including bicycle, mass transit, and
pedestrian modes.
C. Delivery of Services and Goods. The location of the proposed highways and
interchanges shall not impede the delivery of essential community services and
goods.
D. Impact on Neighborhoods. The location of the proposed highways and
interchanges shall not divide neighborhoods or isolate neighborhoods from public
facilities including schools, hospitals, mass transit, pedestrian and bikeways,
recreational areas, and open spaces.
E. Roadway Congestion. The location of the proposed highways and interchanges
shall not create safety hazards by causing or contributing to overuse, improper use,
or congestion on other roadways.
F. Integration into Regional Network. The proposed highways shall be integrated into
the regional transportation network.
G. Capacity of Existing Highways. The capacity of existing highways is inadequate for
present and projected traffic.
H. Complement Mass Transit. The proposed highways or interchanges will
complement mass transit facilities.
I. Impact on Farm or Ranch Lands. The proposed highways or interchanges will not
have a significant adverse effect of farm or ranch lands.
J. Impact to Soils. The proposed highways or interchanges will not result in loss of
fertile agricultural soil.
K. Relocation of Households. The proposed highways or interchanges shall avoid
relocation of households. Where relocation of households cannot be avoided
because of technical constraints, adequate housing inventory shall exist to
accommodate displaced households.
L. Impact on Farms and Businesses. The proposed highways and interchanges shall
avoid relocation of farms or businesses. Where relocation of farms or businesses
cannot be avoided because of technical constraints, adequate sites exist within the
same market area to relocate farms or businesses. Existing irrigation structures
shall either not be affected by the proposed highways and interchanges(no loss of
water delivery or service), or shall be relocated at no cost to the ditch owners and
operators.
M. Federal Standards. The proposed highways and interchanges shall satisfy state
and federal standards, including, without limitation, the Transportation Equity Act
(TEA-21).
N. Visual Characteristics. The proposed highways shall incorporate materials and
design which complement the features of the surrounding human and natural
environment.
Q. Phasing. The construction of the highways and interchanges shall be phased to
minimize interference with traffic movement.
P. Park and Ride. Park and Ride facilities must be located in areas designated by the
County.
Q. Maintenance. Finance sources are adequate to ensure proper maintenance of the
highways or interchanges.
R. Grants of Access. Grants of access to and from the highway shall comply with the
State highway access laws and regulations, Intergovernmental Agreements, and
Access Control Plans adopted by state or local entities which impose standards for
granting access to the highway.
S. Financial Feasibility. The applicant must demonstrate that the plan is financially
feasible for the long-term and short-term.
T. Impact on Natural Resources. Existing natural resources such as natural gas, oil,
and water will only be affected or relocated at no cost, no loss of revenue, and/or
no loss of usage to the mineral rights owners, operators, or end users.
Sec. 21-4-430. Additional Standards of Approval for Areas Around Arterial Highways,
Interchanges, and Collector Highways (Including Private Toll Roads and Toll Highways).
In addition to the general permit approval criteria, and the standards for approval of all
permit applications,areas around arterial highways,interchanges and collector highways(including
private toll roads and toll highways) shall satisfy these additional standards:
A. Traffic Flow. Areas around arterial highways, interchanges,and collector highways
(including private toll roads and toll highways) shall be designed and operated so
as to encourage the smooth flow of motorized and non-motorized traffic.
B. Impact to Access Roads and Interchange. The proposed project shall not adversely
affect the level of acceptable performance of the access road and the interchange.
C. Access to Highway. The proposed project shall not directly, or indirectly, impede
access to and from the arterial highway.
D. Orderly Development. The proposed project shall contribute to the orderly
development of the interchange influence area and the region.
E. Traffic Volume. The volume of traffic to be generated by the proposed project shall
be compatible with the traffic-handling characteristics of the interchange, access
road, and existing, affected traffic roads.
F. Burden and Benefits. A project which proposes burdens or deprivations on the
communities of a region shall not be justified on the basis of local benefit alone.
G. Integration with Development in Other Jurisdictions. The proposed project shall be
integrated with actual and reasonably foreseeable development in areas around the
arterial highway located in other jurisdictions.
Sec.21-4-440. Additional Standards of Approval for Site Selection of Mass Transit or Rapid
Transit Terminals, Stations, and Fixed Guideways.
In addition to the general permit approval criteria and the standards for approval of all
permit applications, site selection of mass transit or rapid transit terminals, stations, and fixed
guideways shall satisfy these additional standards:
A. Conserve Value of Buildings. Terminals, stations, and fixed guideways shall be
located to conserve the value of buildings.
B. Avoid Demolition. Proposed locations of mass transit or rapid transit terminals,
stations, and fixed guideways, which will not require the demolition of residences
or businesses, shall be given preferred consideration over competing alternative
locations.
C. Benefit and Burden. A proposed location of a mass transit or rapid transit terminal,
station, or fixed guideway which imposes a burden or deprivation on a local
government cannot be justified on the basis of local benefit alone, nor shall a permit
for such a location be denied solely because the location places a burden or
deprivation on one local government.
D. Coordination with Other Transportation. Mass transit or rapid transit terminals,
stations, and fixed guideways shall be located in a coordinated manner with other
existing or planned transportation systems.
E. Exclusive Bus Lane. A positive impact on bus operations must be established
before an exclusive bus lane may be located within a major travel corridor. The
location of an exclusive bus lane must be justified by a sufficient ridership level, an
effective enforcement plan, and no significant increase in traffic congestion.
F. Station, Shelters, and Terminals. Station, shelters, and terminals shall be
appropriately located to meet transit needs.
G. Access and Egress. Mass transit or rapid transit terminals, stations, and fixed
guideways shall have adequate and safe access/egress for all transit modes and
maintenance and transit vehicle operations.
H. Fixed Guideway Facilities. The location of fixed guideway facilities shall provide for
the joint usage of rights-of-way for such uses as bikeways, walkways, and parks.
Maximize Ridership. Mass transit or rapid transit terminals, stations, and fixed
guideways shall be located so as to attract maximum ridership.
J. Snow Removal on Fixed Guideways. Fixed guideway design and location shall not
permit snow plumes from snow removal equipment on the guideway to reach the
travel surface of a plowed public road except at intersections, nor shall fixed
guideways be placed or designed so that snow plumes from snow removal
equipment on public roads will reach the guideway.
K. Parking. The parking areas associated with a terminal or station shall be capable
of holding a number of automobiles which equals the number of passengers
expected to park at the terminal or station during peak periods.
L. Access Roads to Stations and Terminals. Access roads to a station or terminal
shall be designed and located to accommodate, during a fifteen(15)minute period,
the maximum number of automobiles anticipated to arrive before the scheduled
departure of the mass transit conveyance without causing cars to back up onto the
public road serving the facility.
M. Traffic Control Devices. The Manual on Traffic Control Devices shall apply to safety
devices at intersections of a fixed guideway and other transportation corridors.
Sec. 21-4-450. Additional Standards for Areas Around Mass Transit and Rapid Transit
Terminals, Stations and Fixed Guideways.
In addition to the general permit approval criteria and the standards for approval of all
permit applications, areas around mass transit and rapid transit terminals, stations, and fixed
guideways shall satisfy these additional standards:
A. Active Pedestrian Districts. Proposed development around light rail stations, bus
stations, and terminals shall be master-planned and developed for multiple-unit
housing and mixed use projects which support the public investment in light rail and
mass transit service to preserve, enhance, or contribute to creating active
pedestrian districts within walking distance of these facilities.
B. Mixed Use. Proposed development shall include a mix of uses near light rail
stations,bus stations,and terminals,accommodating residents,employees,visitors,
and customers in a built environment which is pedestrian friendly and connected to
transit.
C. Access to Terminals and Stations. Proposed development shall provide safe and
convenient access and egress to terminals and stations.
Division 5
Application Submittal Requirements.
Sec. 21-4-500. Materials Required For All Applications.
An applicant requesting a permit to engage in an activity of state interest, or to develop in
an area of state interest, must submit the following application materials:
A. Information Describing the Applicant.
1. The name, address, e-mail address, fax number, organization form, and
business of the applicant and, if different, the owner of the proposed project.
2. The names, addresses, and qualifications, including those areas of
expertise and experience with projects directly related or similar to that
proposed in the application package, of the individuals who are, or will be,
responsible for constructing and operating the proposed project.
3. Authorization of the application by the project owner, if different than the
applicant.
4. Documentation of the applicant's financial and technical capability to
develop and operate the proposed project, including a description of the
applicant's experience developing and operating similar projects.
B. Information Describing the Proposed Project.
1. Detailed plans and specifications of the proposed project.
2. Descriptions of at least three or more alternatives to the proposed project
which were considered by the applicant.
3. Schedules for designing, permitting, constructing, and operating the
proposed project, including the estimated life of the proposed project.
C. Need. Demonstration of the need for the proposed project, including
existing/proposed facilities which perform the same or related function, and
population projections or growth trends that form the basis of demand projections
justifying the proposed project.
D. Property Rights, Permits, and Other Approvals.
1. A list and copies of all other federal, state, and local permits and approvals
which have been, or will be, required for the proposed project, together with
any proposal for coordinating these approvals with the County permitting
process.
2. Copies of all official federal and state consultation correspondence prepared
for the proposed project; a description of all mitigation required by federal,
state, and local authorities, and copies of any draft or final environmental
assessments or impact statement required for the proposed project.
E. Applicable Provisions of the Regional Water Quality Management Plan. Provisions
of the applicable Regional Water Quality Management Plan that apply to the
proposed project and assessment of whether the proposed project will comply with
those provisions.
F. Financial Feasibility of the Proposed Project.
1. The estimated construction costs and period of construction for each
development component.
2. Revenues and operating expenses for the proposed project.
3. The amount of any proposed debt, and the method and estimated cost of
debt service.
4. Details of any contract or agreement for revenues or services in connection
with the proposed project.
5. Description of the persons or entity(ies) which will pay for or use the
proposed project, and/or services produced by the development and those
who will benefit from any and all revenues generated by it.
6. Cost of all proposed mitigation measures for the proposed project.
7. Detailed description as to how the proposed project will be financed, to
indicate the applicant has the ability to finance the Proposed Project.
G. Land Use.
1. Description of existing land uses within, and adjacent to, the proposed
project impact area.
2. Description of provisions from local land use plans which are applicable to
the proposed project, and an assessment of whether the proposed project
will comply with those provisions.
3. Description of impacts and net effect which the proposed project will have
on land use patterns.
H. Local Government Services.
1. Description of the existing capacity of, and demand for, local government
services, including roads, schools, water and wastewater treatment, water
supply, emergency services, transportation, infrastructure, housing, law
enforcement, and other services necessary to accommodate development.
2. Description of the impacts and net effect of the proposed project on the
demand for local government services and the capability of local
governments to provide services.
Financial Burden on County Residents.
1. Description of the existing tax burden and fee structure for government
services.
2. Description of the impacts and net effect of the proposed project on existing
tax burden and fee structure for government services applicable to County
residents and property owners.
3. Any evidence indicating no changes in assessed valuation will result from
the proposed project.
J. Local Economy.
1. Description of the local economy, including, but not limited to, revenues
generated by the different economic sectors, and the value or productivity
of different lands.
2. Description of impacts and the net effect of the proposed project on the local
economy and opportunities for economic diversification, including the
number and types of jobs created.
K. Recreational Opportunities.
1. Description of present and potential recreational uses, including the number
of recreational visitor days for different recreational uses, and the revenue
generated by types of recreational uses.
2. A map depicting the location of recreational uses, such as fishery stream
segments, access points to recreational resources, and hiking and biking
trails.
3. Description of the impacts and net effect of the proposed project on present
and potential recreational opportunities and revenues to the local economy
derived from those uses.
L. Environmental Impact Analysis. Description of the existing natural environment and
an analysis of the impacts of the proposed project to the natural environment.
Descriptions in this section shall be limited to the impact area, and shall include an
analysis of existing conditions, supported with data, and a projection of the impacts
of the proposed project, in comparison to existing conditions. The analysis shall
include a description of how the applicant will comply with the applicable approval
criteria.
1. Air quality.
a. Description of the airsheds to be affected by the proposed project,
including the seasonal pattern of air circulation and microclimates.
b. Map and description of the ambient air quality and state air quality
standards of the airsheds to be affected by the proposed project,
including particulate matter and aerosols, hydrocarbons, oxidants
and other chemicals, temperature effects, and atmospheric
interactions.
c. Descriptions of the impacts and net effect which the proposed
project will have on air quality during both construction and operation
under both average and worst case conditions.
2. Visual Quality.
a. A map and description of ground cover and vegetation, forest
canopies, waterfalls, and streams, or other natural features.
b. Description of viewsheds, scenic vistas, unique landscapes, or land
formations.
c. A map and description of buildings, structure design, and materials
to be used for the proposed project. Elevations of proposed
buildings and other structures shall be included.
d. Descriptions of the impacts and net effect which the proposed
project will have on visual quality.
3. Surface Water Quality.
a. A map and description of all surface waters, including applicable
State water quality standards, to be affected by the proposed
project.
b. Descriptions of the immediate and long-term impact and net effects
which the proposed project will have on the quantity and quality of
surface water under both average and worst-case conditions.
c. Descriptions of the immediate and long-term impacts and net effects
which the proposed project will have on the meandering
characteristics and limits of the streambed under both average and
worst-case conditions.
4. Groundwater Quality and Quantity.
a. A map and description of all groundwater, including any and all
aquifers,which are affected by the proposed project. At a minimum,
the description shall include:
1) Seasonal water levels in each subdivision of the aquifer
affected by the proposed project.
2) Artesian pressure in aquifers.
3) Groundwater flow directions and levels.
4) Existing aquifer recharge rates and areas, and the
methodology used to calculate recharge to the aquifer from
any recharge sources.
5) Existing groundwater quality and classification.
6) Location of all water wells and their uses.
b. Description of the impacts and net effect of the proposed project on
groundwater.
5. Wetlands and Riparian Areas.
a. A map and description of all floodplains, wetlands, and riparian
areas to be affected by the proposed project, including a description
of each type of wetlands, species composition, and biomass.
b. Description of the source of water interacting with the surface
systems to create each wetland (i.e., side-slope runoff, over-bank
flooding, groundwater seepage, etcetera).
c. Description of the impacts and net effect that the proposed project
will have on the floodplains, wetlands, and riparian areas.
6. Terrestrial and Aquatic Animals and Habitat.
a. A map and description of terrestrial and aquatic animals, including
the status and relative importance of game and non-game wildlife,
livestock and other animals, a description of stream flows and lake
levels needed to protect the aquatic environment, and description of
threatened or endangered animal species and their habitat.
b. A map and description of the critical wildlife habitat and livestock
range to be affected by the proposed project, including migration
routes, calving areas, summer and winter range, and spawning
beds.
c. Description of the impacts and net effect which the proposed project
will have on terrestrial and aquatic animals, habitat, and food chain.
7. Terrestrial and Aquatic Plant Life.
a. A map and description of the terrestrial and aquatic plant life
including the type and density, and threatened or endangered plant
species and habitat.
b. Descriptions of the impacts and net effect which the proposed
project will have on terrestrial and aquatic plant life.
8. Soils, Geologic Conditions and Natural Hazards.
a. A map and description of the soil, geologic conditions, and natural
hazards including, but not limited to, soil types, drainage areas,
slopes, avalanche areas, debris fans, mud flows, rock slide areas,
faults and fissures, seismic history, and wildfire hazard areas.
b. Descriptions of the risks to the proposed project from natural
hazards.
c. Descriptions of the impact and net effect of the proposed project on
the soil and geologic conditions in the area, and their effects on
streambed meander limits and aquifer recharge areas.
M. Nuisance. Descriptions and maps showing the range of noise, glare, dust, fumes,
vibration, and odor levels caused by the proposed project, and indication of their
significance.
N. Areas of Paleontological, Historic, or Archaeological Importance.
1. A map and description of all sites of paleontological, historic, or
archaeological interest.
2. Description of the impacts and net effect of the proposed project on sites of
paleontological, historic, or archaeological interest.
O. Hazardous Materials Description.
1. Description of all hazardous, toxic, and explosive substances to be used,
stored,transported, disturbed, or produced in connection with the proposed
project, including the type and amount of such substances, their location,
and the practices and procedures to be implemented to avoid accidental
release and exposure, and any foreseeable impacts to the environment of
such substances.
2. Location of storage areas designated for equipment, fuel, lubricants, and
chemical and waste storage, with an explanation of spill containment
measures.
P. Transportation Impacts.
1. Description of the impacts the proposal will have upon transportation
patterns in the area intended to be served or affected by the proposed
project through the submittal of a traffic impact analysis of the proposed
transportation facilities. The traffic impact analysis shall include, but not be
limited to, the following:
a. Identification of the facilities required to support the existing and
future land uses being served by the proposed transportation facility.
b. The traffic model data, verifying consistency with the regional
transportation plan, the Colorado Department of Transportation
(CDOT) Statewide Transportation Improvement Program (STIP),
and the regional Transportation Improvement Program (TIP).
c. The existing and proposed traffic volume impacts to the adjacent
road system, including local roads.
d. The existing and future Level of Service (LOS) and capacity of the
transportation facilities before and after the proposed project is
completed.
e. All transportation access information,as required by the CDOT State
Highway Access Code, 1998 revisions, or the most current edition
thereof.
Q. Balance Between Benefits and Losses.
1. Description of the foreseeable benefits of natural, agricultural, recreational,
range or industrial resources within the County, and the opportunities to
develop those resources in the future.
2. Description of the foreseeable losses of natural, agricultural, recreational,
range or industrial resources within the County, and the loss of opportunities
to develop those resources in the future.
R. Monitoring and Mitigation Plan.
1. Description of all mitigation for the proposed project.
a. Describe how and when mitigation will be implemented and
financed.
b. Describe impacts which are unavoidable and cannot be mitigated.
2. Description of the methodology used to measure the impacts of the
proposed project and the effectiveness of proposed mitigation measures.
3. Description, location, and intervals of proposed monitoring, to ensure that
mitigation will be effective.
S. Benefit/Cost Analysis. Submittal of a benefit/cost analysis of the proposed project,
and identification of the distribution of the burden of the cost for the proposed
improvements, including cost to adjacent state or local jurisdictions.
T. Fees. Application costs and referral fees.
Sec. 21-4-510. Specific Application Submittal Requirements for Site Selection of Arterial
Highways, Interchanges and Collector Highways (Including Private Toll Roads and Toll
Highways).
In addition to the materials required for all applications, an applicant requesting a permit for
site selection of arterial highways, interchanges,and collector highways(including private toll roads
and toll highways), shall submit the following materials:
A. A list of alternative corridor locations for the arterial highway, interchange or
collector highway (including private toll road and toll highway).
B. For each alternative corridor location being considered by the applicant, including
the preferred alternative, the information specified below shall be provided:
1. A general description of the alternative, with the advantages and
disadvantages of the alternative.
2. A location map showing the corridor and general area.
3. A corridor location study, including:
a. Type and scale of the improvement.
b. Cost estimate.
c. Approximate timetable for construction and right-of-way acquisition.
4. Demographic information in the impact area, including:
a. Estimated current population number and density.
b. Total employment,occupation types,and major employer locations.
c. Family incomes.
d. Population projections in increments as determined by the applicant,
and approved by the permit authority, not to exceed a 20-year
increment.
e. Boundaries of neighborhoods in the impact area.
5. A description of the current and projected need for the proposed project.
6. A quantification of the amount of traffic by major traffic generators in the
impact area.
7. A description of the planned level of service, in relationship to the projected
user demand, in ten (10) year intervals.
8. A map(s) and description of existing land use in the impact area in
relationship to the existing circulation system and the proposed project.
9. A description of the impacts of the proposed project regarding accessibility
to and from existing public facilities, commercial and industrial facilities, and
residential areas.
10. A description of the safety hazards which may result from the location of the
proposed project.
11. A map(s) of the impact area showing planned, proposed, or expected land
use with, and without, the proposed project.
12. A discussion of how the proposed project and its impact will be in
conformance with the Comprehensive Plan, including each policy or goal
furthered by the proposed project, and a description of where the proposed
project conflicts with a policy or goal.
13. A discussion of how the proposed project and its impact will be in
conformance with any applicable regional and state plans, including,without
limitation, each policy or goal furthered by the proposed project, and a
description of where the proposed project conflicts with a policy or goal.
14. A discussion of the development potential which will result in the impact area
with, and without,the completion of the proposed project. The development
potential shall be measured in terms of: land values, land availability, land
use controls, vacancy rates and indices of accessibility to school/education,
utility service, other public and quasi-public services, local and regional
amenities, and employment opportunities.
15. A description of the projected number of users of the proposed project.
16. A description of the plans for complementing and integrating with other
modes of transportation.
C. A description of all federal highway standards which apply to the proposed project.
D. Phasing of the proposed project.
E. A description of plans for relocation and compensation of homes and businesses.
Sec. 21-4-520. Specific Application Submittal Requirements for Areas Around Arterial
Highways, Interchanges, and Collector Highways (Including Private Toll Roads and Toll
Highways).
In addition to the materials required for all applications, an applicant requesting a permit to
develop in an area around an arterial highway, interchange, or collector highway(including private
toll road and toll highway), shall submit the following materials:
A. Four copies of plans certified by a professional engineer or land surveyor,
registered in the State of Colorado, locating the proposed development with respect
to the following:
1. The boundaries of the designated interchange area and the zones within.
2. The location and nature of existing or approved developments within the
interchange influence area.
3. The location of all existing or proposed accesses, driveways, and curb-cuts
within the interchange influence area.
4. The location and nature of the proposed project.
B. A report detailing the maximum traffic volume which the interchange and the access
road are designed to handle, the existing traffic volume of the interchange and the
access road, and the estimated increase in traffic volume attributable to the
proposed project.
C. A description of the increased need for governmental services, which is directly
attributable to the proposed project.
D. A description of existing population and development patterns within the
interchange influence area, and the influence of the proposed project on the
development patterns and population trends.
Sec.21-4-530. Specific Submittal Requirements for Site Selection of Mass Transit or Rapid
Transit Terminals, Stations, or Fixed Guideways.
In addition to the materials required for all applications, an applicant requesting a permit for
the site selection of mass transit or rapid transit terminals, stations, and fixed guideways shall
submit the following materials:
A. A general narrative description, stating whether the proposed facility is a station,
terminal, fixed guideway, or other rapid or mass transit facility. The narrative
description shall describe the location of the proposed facility, including
intersections, towns, existing and planned facilities, and landmark features. The
narrative description shall also describe the impacts of the facility, and associated
activities, on the character of the area and its peculiar suitability for particular uses
with a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the unincorporated area of the County.
B. A list of alternative corridor locations considered for the facilities.
C. For each alternative corridor location being considered by the applicant, including
the preferred alternative, the information specified below shall be provided:
1. A general description of the alternative, with the advantages and
disadvantages of the alternative.
2. A location map showing the corridor and general area.
3. A corridor location study showing:
a. Type and scale of the improvement.
b. Cost estimate.
c. Approximate timetable for construction and right-of-way acquisition.
4. Demographic information in the impact area:
a. Estimated current population number and density.
b. Total employment, occupation types, and major employer locations.
c. Family incomes.
d. Population projections in increments as determined by the applicant,
and approved by the permit authority, not to exceed a 20-year
increment.
e. Boundaries of neighborhoods in the impact area.
f. Economic sectors in the service area which will use the facility for
shipping materials.
5. A description of the current and projected need for the alternative.
6. A description of the impacts of the proposed project on accessibility to and
from existing public facilities, commercial and industrial facilities, and
residential areas.
7. A description of the safety hazards which may result from the location of the
proposed project.
8. A map(s) of the impact area showing planned, proposed, or expected land
use with, and without, the proposed project.
9. A discussion of the development potential which will result in the impact area
with, and without, the completion of the proposed project. The development
potential shall be measured in terms of: land values, land availability, land
use controls, vacancy rates and indices of accessibility to school/education,
utility service, other public and quasi-public services, local and regional
amenities, and employment opportunities.
10. A description of the projected number of users of the proposed project.
11. A description of the plans for complementing and integrating with other
modes of transportation.
D. A description of plans for relocation of, and compensation for, homes and
businesses.
E. A map and description of the existing and planned circulation system in the
proposed service area, indicating the modes, level of service, and any functional
problems.
F. If the proposed facility is a fixed guideway, the application shall also include:
1. A description of the type of motive power which will be used to propel transit
vehicles along the guideway, and the maximum anticipated speed of the
transit vehicles along different segments of the system.
2. Maps showing the proposed right-of-way.
3. The minimum and maximum passenger capacity of the transit vehicles
which will travel on the guideway, and the anticipated frequency or
scheduling of guideway use.
4. The maximum proposed grade of the guideway and the maximum curvature.
Proposed curves in excess of ten degrees shall be indicated on the map.
5. Identification of all buildings or other structures which must be removed in
order for the proposed guideway to be built.
6. A plan for preventing collisions at points where the proposed guideway
crosses other transportation corridors.
7. A study which describes and analyzes the effects of noise and vibration on
surrounding property owners, with particular emphasis on residential land
uses.
G. If the proposed facility is a station or terminal associated with a mass transit or rapid
transit system, the application shall also include:
1. A passenger impact analysis, including the number of vehicle trips
associated with the station, or terminal at, or just before, any scheduled
departure, the number of passengers which will likely ride only one way on
any given day,l and the number of passengers which may be expected to
bring baggage, recreational equipment, tools, or other material.
2. The anticipated schedule of departures and arrivals at the station or terminal
and the expected capacity of each transit unit.
3. The maximum length of any train that which serve the station or terminal,
excluding propulsion units.
4. Basic floor plans and architectural sketches of each proposed building or
structure, together with a site map showing the relative location of each
building or structure.
5. A map of all roadways, parking areas with parking requirements, and other
facilities, showing details such as width, layout, traffic flow, pavement
markings, and traffic control devices.
6. Identification of all buildings or other structures which must be removed in
order for the proposed station or terminal to be built.
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
sub sections 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 2008-1 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on
March 3, 2008. 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
March 24, 2008. 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: March 24, 2008, at 9:00 a.m.
THIRD READING: April 14, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 7, 2008
PUBLISHED: March 12, 2008, in the Fort Lupton Press
,
PROOF OF PUBLICATION WELD COUNTY areas around mass transit and
CODE ORDINANCE 2008-1 rapid transit terminals, stations,
FORT LUPTON and fixed guideways
REPEALING THE MATTER AND
STATE OF COLORADO governing establish regulations
REENACTING,DME WITH ctf inter?jurisdictional
massAMENDMENTS, CHAPTER 21 projects for highways and/or mass
COUNTY OF WELD SS. AREAS AND ACTIVITIES OF transit facilities which are
STATE INTEREST, OF THE consistent from one jurisdiction to
WELD COUNTY CODE another jurisdiction.
BE IT ORDAINED BY THE D. To provide for the needs of
BOARD OF COUNTY agriculture, industry, business,
COMMISSIONERS OF THE residential communities, and
I, Karen Lambert, do solemnly swear that I COUNTY OF WELD, STATE OF recreation in future growth.
COLORADO:
am the Publisher of the Fort Lupton Press; E. To regulate the site selection
WHEREAS, the Board of County and construction of arterial
that the same is a weekly newspaper printed Commissioners of the County of highways, interchanges, and
Weld,State of Colorado,pursuant collector highways (including
and published in the County of Weld, State to Colorado statute and the Weld private toll roads or toll highways),
County Home Rule Charter, is mass transit and rapid transit
of Colorado, and has a general circulation vested with the authority of terminals, stations, and fixed
administering the affairs of Weld guideways,and areas surrounding
therein; that said newspaper has been County,Colorado,and the same,in order to balance the
protection, mitigation of damage
published continuously and uninterruptedly WHEREAS, the Board of County to, and enhancement of,
Commissioners,on December 28, environmental resources, and the
in said county of Weld for a period of more 2000,adopted Weld County Code private property rights of property
Ordinance 2000-1, enacting a owners in Weld County with the
than fifty-two consecutive weeks prior to the comprehensive Code for the transportation needs, and other
County of Weld, including the development values and existing
first publication of the annexed legal notice codification of all previously environmental quality in Weld
adopted ordinances of a general County.
or advertisement; that said newspaper has and permanent nature enacted on
or before said date of adoption, F. To promote the efficient and
been admitted to the United States mails as and economic use of public resources.
second-class matter under the provisions of WHEREAS, the Weld County G. To regulate the site selection
Code is in need of revision and and construction of arterial
the act of March 3, 1879, or any clarification with regard to highways, interchanges and
procedures, terms, and collector highways (including
amendments thereof, and that said requirements therein. private toll roads and toll
highways), mass transit and rapid
newspaper is a weekly newspaper duly NOW, THEREFORE, BE IT transit terminals, stations, and
ORDAINED by the Board of fixed guideways, and areas
qualified for publishing legal notices and County Commissioners of the surrounding the same, in order to
County of Weld, State of balance the transportation needs
advertisements within the meaning of the Colorado, that certain existing of the citizens and businesses of
Chapters of the Weld County Weld County with the
laws of the State of Colorado. That the Code be, and hereby are, developmental values of the
repealed and re-enacted, with proposal.
annexed legal notice or advertisement was amendments, and the various
Chapters are revised to read as H. To avoid or reduce direct
published in the regular and entire issue of follows. conflicts with adopted master
plans.
every number of said weekly newspaper for CHAPTER21
AREAS AND ACTIVITIES OF I. To create a regulatory system
the period of 1 consecutive insertion(s); and STATE INTEREST which protects and preserves the
property rights of properly owners
that the first publication of said notice was in Add the following; in Weld County.
the issue of newspaper, dated 12th day of ARTICLE IV Site Selection and
Construction of Arterial Sec.21?4?20.Definitions.
March, 2008, and the last on the 12th day of Highways, Interchanges and In addition to the terms defined in
Collector Highways (Including Section 21?1-90 of this Code,the
March, 2008. Private Toll Roads and Toll following terms specific to the
Highways), Mass Transit and designation of site selection and
Rapid Transit Terminals, construction of arterial highways,
Stations and Fixed Guideways, interchanges, collector highways
and Areas around Arterial (including private toll roads and toll
Highways, Interchanges, highways), mass transit, rapid
Collector Highways (Including transit, terminals stations, fixed
Private Toll Roads and Toll guideways,and areas surrounding
Highways), Mass Transit and the above, shall be construed to
Rapid Transit Terminals, have the meanings set forth as
Stations and Fixed Guideways follows:
Division 1 A. Arterial Highway: Any
General and Introductory limited?access highway which is
Provisions part of the federal?aid interstate
system or any limited?access
Sec. 2174710. Purpose and highway constructed under the
Intent. supervision of the Colorado
The regulations contained in this Department of Transportation.
Article IV ("Highways 1041 "Arterial highway" may include a
)C `Ai`x Regulations") are limited to private toll road and/or toll
facilities which fall under the highway.
requirements and provisions 1of
.
Sections e seq., and 3 in that Bthoroughfare Collhctor Hv as A major
C.R.S., et seq., and, in that lik serving as corridor
regard, their purpose and intent or cor ratedbetween municipalities,nrs
are: unincorporated population centers
Publisher. Subscribed and sworn b O0 top4 or recreation areas, or industrial
A. To encourage planned and centers, and constructed under
13th day of March, 2008. p?ARY orderly land use development. guidelines and standards
N established by, or under the
'01-0-1°—
B.To set forth the approval criteria supervision of, the Colorado
�J'�/ V Q and application submittal Department of Transportation.
�ll N 1y� o requirements for: "Collector highway" does not
/ J.`rV�C Qq, include a city street or local
t�// S '9 Q, f 1. Site selection of arterial service road, or a county road
(l1L o�{� -( Q {{. highways, interchanges, and designed for local service and
`\ L-.- QF QQL y� collector highways (including constructed under the supervision
SAE private toll roads and toll of local government. "Collector
EX highways), and areas around highway"may include a private toll
Notary Public. arterial highways, interchanges, road and/or toll highway.
and collector highways (including
private toll roads and toll C. Fixed Guideway: A system of
highways),and and CAl+£n#IC 19Sh�gtte6O +45
•
from, a rapid or mass transit Designatic
D. Fixed Guideway Corridor: A system,including areas necessary Constructs/
corridor designated by the for vehicle operations, parking Interchang
governing body, (e.g., county, areas for commuters, and Highways
state, Regional Transportation roadways connecting to the Roads an
District, municipality, etc.), for the general road system of the Mass Tra
construction and operation of a County. A "station" shall include, Terminals,
fixed guideway mass but not be limited to,any proposed Guideway:
transportation system. regularly scheduled stop, or
planned optional or seasonal Sec. 217,
E. Highway: Any right/of-Tway boarding point, on a rapid transit Site Selec
used for transportation purposes, system. The B
including, but not limited to, Commissic
bridges on the roadway and considerec
culverts, sluices, drains, ditches, N. Transportation: Transport of and fitur
waterways, embankments, persons or property by motor variety of
retaining walls,trees, shrubs, and vehicle, bus, truck, railroad, light transit anc
fences along, or upon, the same rail,mass transit,airplane,bicycle, transportal
and within the right?of?way. or any other form of transport. and req
"Highway" may include a private 'Transportation" includes Highways
toll road and/or toll highway. pedestrian transportation. hereby ord
of site set
F.Interchange:The intersection of Sec.2174730.Applicability. of the pa
two or more highways, roads, or These Highways 1041 Article IV,
streets,at least one of which is an Regulations shall apply to site interest,m
arterial highway or toll road where selection of arterial highways, 17th day
there is direct access to,and from, interchanges, and collector hereby rat
the arterial highway or toll road. highways (including private toll that this a,
roads and toll highways), and pursuant t
G. Mass Transit: A coordinated areas around arterial highways, Chapter 2'
system of transit modes providing interchanges, and collector
transportation for use by the highways (including private toll Sec. 217.
general public. roads and toll highways), and to Area Cow
site selection of mass transit and The site st
H.Mitigation: rapid transit terminals, stations, of any
and fixed guideways and areas interchang
1. Avoiding an impact by not around mass transit and rapid (including
taking a certain action or parts of transit terminals,stations and fixed highway),
an action. guideways; excluding proposed transit ten
projects sited and constructed by guideway,
2. Minimizing impacts by limiting Weld County, and proposed being who
the degree or magnitude of the projects sited and constructed by boundaries
action or its implementation. the Colorado Department of be subject
Transportation ("COOT"), which these High
3. Reducing or eliminating the do not fall within the requirements
impact over time by preservation and provisions of Sections Sec. 2174
and maintenance operations. 7?457101, and 38-2-101, C.R.S. Matter of;
,et seq. The site se
4.Compensating for the impact by of any
replacing or providing suitable Sec. 2174740. Relationship of interchang
biological and/or physical Highways 1041 Regulations to (including
conditions; and by replacing or Other County, State, and highway),
providing suitable arterial Federal Requirements. transit ten
highways, interchanges ,collector A. Nothing in these Highways guideway,
highways (including private toll 1041 Regulations shall be hereby de:
roads and toll highways), mass construed as exempting an state intert
transit and rapid transit terminals, applicant for a permit from any
stations, and fixed guideways, other requirements of this County,
where applicable. or other state or federal laws and Permit Prc
regulations. and Cor
5. Compliance with reasonable Highways,
conditions and developing B. To the extent that the Collector
standards. requirements of these Highways Private T
1041 Regulations differ from any Highways)
6. The best available technology other applicable requirements,the Rapid Te
shall be used to mitigate more restrictive requirements shall Fixed Guid
demonstrable negative impacts on apply.
citizens and businesses located in Sec. 217E
areas surrounding arterial C. Nothing in these Highways Site Selec
highways, interchanges, collector 1041 Regulations shall be of an
highways (including private toll construed as enhancing or Interchang
roads and toll highways), mass diminishing the power and Highway I
transit and rapid transit terminals, authority of municipalities, Road or
stations,and fixed guideways. counties,or the State of Colorado. Transit
Any order,rule,or directive issued Terminals
I. Private toll road or toll highway: by any governmental agency, Guideway
Any right2of?way used for pursuant to these Highways 1041 Surroundi
transportation purposes. Private Regulations, shall not be A. No pe
toll road or toll highway includes, inconsistent with, or in construct
but is not limited to,bridges on the contravention of, any decision, interchang
roadway and culverts, sluices, order, or finding of the State of (including
drains ditches, waterways, Colorado with respect to public highway),
embankments, retaining walls, convenience and necessity. The rapid Kai
trees,shrubs,and fences along or State of Colorado shall take into and/or fixe
upon the same and within the consideration and,where feasible, herein an(
right?of?way. foster compliance with adopted pursuant
master plans of local and 2174
J.Proposed Project:For purposes governments, regions, and the within the
of this Article IV,Proposed Project state. of this
refers to the determination of a obtaining e
site for,and the development and D. Nothing in these Highways terms of th
construction of, arterial highways, 1041 Regulations shall be
interchanges, and collector construed as enhancing or
highways (including private toll diminishing the rights and B. No lot
roads and toll highways), and of procedures with respect to the Weld Cour
mass transit and rapid transit power of a municipality, county, permit fa
terminals, stations and fixed transportation district,or the state selecting
guideways. to acquire property and rights-of- constmctin
way by eminent domain to serve interchange
K.Rapid Transit:The element of a public need in the most (including
mass transit system involving a economical and expedient highway),
mechanical on an exclusive lane manner. rapid trap;
or guideway constructed solely for fixed guide
that purpose. E. Nothing in these 1041 and spe
Transportation Regulations shall pursuant I
L. Service Road: A street or road be construed as enhancing or and 2174
meeting County specifications, diminishing State laws governing wholly or
used to provide ingress and the creation or operation of private unincorpon
egress to a development located toll roads or toll highways, or the County,wi
adjacent to a highway. compalj@sty(f)icgfOpBq/q(t#wigOg 5 having obh
of r u,.,, _i7_ �l f in ma farm'
and 38-2-101,C.R.S. interest through this Article IV may proposed
not be approved unless the providing(
E. Available documents, studies, applicant satisfactorily networks,
or reviews by the applicant or demonstrates that the proposed treatment,
regulatory agencies will be utilized project, including all mitigation systems,
whenever possible by Weld measures proposed by the other gov
County in its review, in order to applicant, complies with all of the facilities.
minimize duplication and promote applicable criteria set forth herein.
the timely review of the permit If the proposed project does not 4. Need I
application. comply with all of the applicable access th
criteria,the permit shall be denied, proposed I
Sec. 21747320. Pre?application unless the Board determines that
Conference. reasonable conditions may be H. Fina
A. Prior to formal filing of the imposed on the permit,which will proposed i
application, the applicant shall enable the permit to comply with significant
confer with the staff person the criteria. The Board of County existing or
assigned to the case by the Commissioners shall take the County. I
Department of Planning Services construction, operation, and financial b
to obtain information and cumulative impacts of the following o
guidance. The purpose of such a proposed project into
conference is to allow the consideration. 1. Docui
applicant and the staff to review assessed
the proposed project informally. B. If the Board of County
Commissioners determines at the 2.Tax rev
B. Topics of discussion shall hearing that sufficient information governmer
include,but not be limited to: has not been provided in order to generated
determine if the applicable criteria project.
1. Characteristics of the proposed have been met, the Board may
project, including its location or continue the hearing until the 3. Change
potential location(s), significant specified additional information burden w
natural and man?made features has been received. districts,
with particular attention to natural assessmei
hazard, resource,or other special Sec. 21747410. Specific Permit proposed I
areas,the size and accessibility of Approval Criteria.
the site,surrounding development A. Property Rights, Permits, and I.Economi
and land uses, and its potential Other Approvals. The applicant project
impact on the surrounding areas, must have all property rights (or degrade a
including potential environmental irrevocable commitments to the econor
effects and planned mitigation transfer affected properly if this sectio
strategies. approval is granted to the may be co
Applicant),permits,and approvals
2. Community policy necessary for the proposed 1.Change
considerations, including the project, including easements and generated
review process and likely the rights?of?way.The Board may, in sector.
conformity of the proposed its discretion,defer making a final
development with the policies and decision on the application until 2. Chang
requirements of these Highways necessary property rights,permits, productivi'
1041 Regulations. and approvals for the proposed
project are obtained. 3. Chang(
economic,
3. Applicable regulations, review B.Consistency with Water Duality
procedures, and submission Plan. The proposed project must J.Retreat
requirements. be consistent with the regional proposed
water quality plans for the area significant]
4. Other regulatory reviews or within which the proposed project quantity
procedures to which the applicant will be located. opportuniy
is subject, the applicant's time
frame for the project,whether the C. Consistency with K. Agrio
applicant requests waiver of the Comprehensive Plans. The project m
preliminary application, and other proposed project must be productive
concerns of the applicant. consistent with Chapter 22 of this and must
Code and Intergovernmental identified
C.Any comments or commitments Agreements for the area within economica
made by any member of the which the proposed project will be production.
County administration, as to the located. effects of t
merits of the substance of the agricultural
application during this D. Applicant Capability. The interferenc
pre?application conference, are applicant must have the necessary of producti'
only preliminary in nature and may expertise and financial capability
not be relied upon by the to develop and operate the L. Enviror
applicant. All prospective proposed project, consistent with proposed
applicants shall be informed that all requirements and conditions. significant]:
formal comments cannot be made environmei
by staff until after the application is E. Feasibility of Proposed Project. environme
submitted and adjacent or nearby The proposed project must be resources,
property owners and referral technically and financially feasible, identified
agencies have had an opportunity considering the cost of the preservatic
to respond,if applicable. proposed project, amount of debt the purpor
associated with the proposed following n
D.County staff will make available project, and sources of funding to be conside
to the applicant any public retire the debt and anticipated
information concerning the revenue. 1. Air C
application which is in the project s
County's possession. F.Risk from Natural Hazards.The degrade
proposed project must not be determinini
E. The Department of Planning subject to significant risk from quality, th
Services shall consider the natural hazards. considered
County's application requirements
for the proposed project,and shall G. Effect on Government a. Change
notify the applicant, either at the Services. The proposed project air quality.
pre?application conference, or must not have a significant b. Chang
within ten (10)days thereafter, in adverse effect on the capability of microclima
writing, of such requirements, local government to provide c,Applicab
including, but not limited to, the services or exceed the capacity of
extent of interest holders to service delivery systems. For 2. Visual
receive notification of the purposes of this section, the project si
proposed project under Section following factors shall be degrade
21727250 of this Code,and other considered: determinini
applicable sections, the extent of quality, th
the project area to be considered, 1. Existing and potential capability considered
the submittal requirements that of local governments to
may be waived by Weld County, accommodate development a.Visual cl
and any particular submittal related to the proposed project. and veget.
requirements in addition to those contours,
specified in these Highways 1041 2. Current and proposed capacity other signif
Regulations. of roads, schools, infrastructure, b.Interfere
housing, law enforcement, scenic vista
Division 4 emergency response, and other c. Change
Permit Approval Criteria. services, and the impact of the grasslands
prop?s(wilig(ylgspgtyy watts riparian cot
Sae 7t7a7aon w...m rnn.ritv a Chant
terrestrial food webs. technology, cost, impact, and
these regulations. K. Relocal
7.Terrestrial and aquatic plant life. proposed
The proposed project shall not S. Responsibility for Fees. The interchang
significantly degrade the quality of applicant shall be responsible to of house,-
terrestrial and aquatic plant life. In pay for any consultant which the of househ
determining impacts to terrestrial County may need to retain to because s
and aquatic plant life, these analyze, evaluate, or provide adequate
factors may be considered: information to the County, exist to a
regarding all, or a portion of, an household
a. Changes to the habitat of application where County start
threatened or endangered plant does not have expertise. No L. Impa
species. application shall be approved until Businesse
b. Changes to the structure and all fees have been paid. highways
function of vegetation, including avoid rel
species composition, diversity, Sec. 21?4?420. Additional businesses
biomass,and productivity. Standards of Approval for Site farms or
c. Changes in advancement or Selection of Arterial Highways, avoided
succession of desirable and less Interchanges, and Collector constraints
desirable species, including Highways(Including Private Toll within the
noxious weeds. Roads and Toll Highways). relocate
In addition to the general permit Existing in
B. Soil and geologic conditions. approval Criteria and the either not
The proposed project shall not Standards for Approval of all proposed
significantly degrade soils and permit applications, proposed interchang
geologic conditions.In determining projects for site selection of delivery o
impacts on soils and geologic arterial highways, interchanges relocated
conditions, these factors may be and collector highways (including owners an
considered: private toll roads and toll
highways), the applicant shall M. Fads
a. Changes to the topography, satisfy these additional standards: proposed
natural drainage patterns, soil interchang
morphology and productivity, soil A. Need. Highways and and feder
erosion potential,and flood hazard interchanges shall be located only without
areas. in those community areas for Transporta
b. Changes to unstable and which a clear and reasonable (TEA?21).
potentially unstable slopes. need for such highway facilities
c. Exacerbation of seismic has been demonstrated.Highways N. Visual
concerns and subsidence. and interchanges shall be located proposed
so that: incorporate
M. Cultural Resources: The which corn
proposed project shall not interfere 1. Community traffic needs are the surrs
with the preservation of cultural met. natural em
resources, including historical
structures and sites, agricultural 2. Desirable community patterns
resources, the rural lifestyle, and are not disrupted. O. Phasin
the opportunity for solitude in the "Non?disruption" may be proven the high%
natural environment. through the construction of shall be
overpasses or underpasses at all interferenc
N. Land Use: The proposed county roads and rights?of?way
project shall not cause significant currently being maintained P. Park ar
degradation of land use patterns in privately, or by the County, or facilities m
the area around the proposed those rights?of?way not being designates
project. In making this currently maintained, but deemed
determination, these factors may necessary by the County for future O. Maintet
be considered: transportation needs. are adeqt
maintenan
1. Land use policies reflected in B. Multi-model Features. Other interchang
land use plans. reasonable modes of
transportation shall be R. Grants
2.The likelihood that the proposed incorporated into the highway access to
project will/will not cause, or proposal, including bicycle, mass shall con
contribute to, urban sprawl or transit,and pedestrian modes. highway
"leapfrog"development. regulations
C. Delivery of Services and Agreement
3. Significant changes in the Goods. The location of the Plans ado
amount of impervious surfaces. proposed highways and entities wi
interchanges shall not impede the for grant
4. Contiguity of development delivery of essential community highway.
associated with the proposed services and goods.
project to existing growth centers. S. Finan
D. Impact on Neighborhoods.The applicant I
0. Hazardous Materials Risk.The location of the proposed highways the plan is
proposed project shall not result in and interchanges shall not divide the long?ts
an unreasonable risk of releases neighborhoods or isolate
of hazardous materials. In making neighborhoods from public T. Impact
this determination, these factors facilities including schools, Existing no
may be considered: hospitals,mass transit, pedestrian natural gas
and bikeways, recreational areas, be affectec
1. Plans for compliance with and open spaces. no loss of
federal and state handling, of usage
storage, disposal, and E. Roadway Congestion. The owners,op
transportation requirements. location of the proposed highways
and interchanges shall not create Sec. 21
2. Use of waste minimization safety hazards by causing or Standards
techniques. contributing to overuse, improper Around
use, or congestion on other Interchan≤
3. Adequacy of spill prevention roadways. Highways
and response plans. Roads an(
F. Integration into Regional In addition
4. Nature and extent of materials Network. The proposed highways approval
associated with the construction shall be integrated into the standards I
and operation of the proposed regional transportation network. application
project. highways,
G.Capacity of Existing Highways. collector
The capacity of existing highways private t,
P.Nuisance.The proposed project is inadequate for present and highways)
shall not create blight or other projected traffic. additional s
nuisance factors such as
excessive noise, glare, dust, or H.Complement Mass Transit.The A. Traffic
odor. proposed highways or arterial hi.
interchanges will complement and collect
O.Cost and Benefits.The benefits mass transit facilities. private Ii
accruing to the County and its highways)
citizens from the proposed project I. Impact on Farm or Ranch operated s
outweigh the losses of any Lands.The proposed highways or smooth ds
resources within the County, or interchanges will not have a non?motori
the losses of opportunities to significant adverse effect of farm
develop such resources. or ranch lands. B. Impact
CASE NO 4012551 kex 50345 Interchange
Poe Pe Akprnative The nrnnneod I Imnare1 fn Snag I ha nnInnceel shall nnf ai
be located so as to attract responsible for constructing and
maximum ridership. operating the proposed project. 1. Descri
uses withi
J. Snow Removal on Fixed 3. Authorization of the application proposed I
Guideways. Fixed guideway by the project owner, if different
design and location shall not than the applicant. 2. Descrip
permit snow plumes from snow local land
removal equipment on the 4. Documentation of the applicable
guideway to reach the travel applicant's financial and technical and an as:
surface of a plowed public road capability to develop and operate proposed
except at intersections, nor shall the proposed project, including a those prov
fixed guideways be placed or description of the applicant's
designed so that snow plumes experience developing and 3. Descrip
from snow removal equipment on operating similar projects. effect whit
public roads will reach the will have o
guideway. B. Information Describing the
Proposed Project. H.Local G
K. Parking. The parking areas
associated with a terminal or 1. Detailed plans and 1. Descri
station shall be capable of holding specifications of the proposed capacity o
a number of automobiles which project. governmei
equals the number of passengers roads,
expected to park at the terminal or 2.Descriptions of at least three or wastewate
station during peak periods. more alternatives to the proposed supply,
project which were considered by transportal
L. Access Roads to Stations and the applicant. housing,
Terminals. Access roads to a other se
station or terminal shall be 3. Schedules for designing, accommor
designed and located to permitting, constructing, and
accommodate, during a fifteen operating the proposed project, 2. Descrip
(15) minute period, the maximum including the estimated life of the net effect
number of automobiles anticipated proposed project. on the
to arrive before the scheduled governmei
departure of the mass transit C. Need. Demonstration of the capability
conveyance without causing cars need for the proposed project, provide se
to back up onto the public road including existing/proposed
serving the facility. facilities which perform the same I. Financi
or related function,and population Residents.
M. Traffic Control Devices. The projections or growth trends that
Manual on Traffic Control Devices form the basis of demand 1. Descrip
shall apply to safety devices at projections justifying the proposed burden a
intersections of a fixed guideway project. governmet
and other transportation corridors.
D. Property Rights, Permits, and 2. Descrip
Sec. 21747450. Additional Other Approvals. net effect
Standards for Areas Around on existin
Mass Transit and Rapid Transit structure f
Terminals, Stations and Fixed 1. A list and copies of all other applicable
Guideways. federal, state, and local permits property o'
In addition to the general permit and approvals which have been,
approval criteria and the standards or will be, required for the 3. Any f
for approval of all permit proposed project, together with changes it
applications, areas around mass any proposal for coordinating result from
transit and rapid transit terminals, these approvals with the County
stations,and fixed guideways shall permitting process. J.Local Et
satisfy these additional standards:
2.Copies of all official federal and 1. Desci
A. Active Pedestrian Districts. state consultation correspondence economy,
Proposed development around prepared for the proposed project; to, revers.
light rail stations,bus stations,and a description of all mitigation different
terminals shall be master?planned required by federal, state, and the valu,
and developed for multiple?unit local authorities,and copies of any different la
housing and mixed use projects draft or final environmental
which support the public assessments or impact statement 2. Descrip
investment in light rail and mass required for the proposed project. net effect
transit service to preserve, on the
enhance, or contribute to creating E. Applicable Provisions of the opportuniti
active pedestrian districts within Regional Water Quality diversificat
walking distance of these facilities. Management Plan. Provisions of number an
the applicable Regional Water
B. Mixed Use. Proposed Quality Management Plan that K.Retreat
development shall include a mix of apply to the proposed project and
uses near light rail stations, bus assessment of whether the 1. Descri
stations, and terminals, proposed project will comply with potential
accommodating residents, those provisions. including
employees, visitors, and recreation;
customers in a built environment F. Financial Feasibility of the different re
which is pedestrian friendly and Proposed Project. revenue
connected to transit. recreation;
1. The estimated construction
C. Access to Terminals and costs and period of construction 2.A map
Stations. Proposed development for each development component. recreation;
shall provide safe and convenient stream sec
access and egress to terminals 2. Revenues and operating recreation;
and stations. expenses for the proposed project. and biking
Division 5 3. The amount of any proposed
Application Submittal debt, and the method and 3. Descrip
Requirements. estimated cost of debt service. net effect
on pre,
Sec. 21747500. Materials 4. Details of any contract or recreation;
Required For All Applications. agreement for revenues or revenues
An applicant requesting a permit services in connection with the derived fro
to engage in an activity of state proposed project.
interest, or to develop in an area L. Environ
of state interest, must submit the 5. Description of the persons or Description
following application materials: entity(ies)which will pay for or use environme
the proposed project, and/or the impa'
A. Information Describing the services produced by the project to l
Applicant. development and those who will Descriptior
benefit from any and all revenues be limited
1. The name, address, e-mail generated by it. shall incl
address,fax number,organization existing co
form, and business of the 6. Cost of all proposed mitigation data, and
applicant and, if different, the measures for the proposed impacts of
owner of the proposed project. project. compariso
The anal
2. The names, addresses, and 7. Detailed description as to how description
qualifications, including those the proposed project will be will comp)
areas of expertise and experience fin Et di(@Ig)1 rp l$ipplap845 approval ci
with nrniaMc A;roMly rnlarcrl nr ha o{,ifi/v 1n meal-Ih
and Habitat. intended to be served or affected applicant,
by the proposed project through alternative
the submittal of a traffic impact specified t
a. A map and description of analysis of the proposed
terrestrial and aquatic animals, transportation facilities. The traffic 1. A gen
including the status and relative impact analysis shall include, but alternative
importance of game and not be limited to,the following: and dis
non?game wildlife, livestock and alternative
other animals, a description of a. Identification of the facilities
stream flows and lake levels required to support the existing 2. A loco
needed to protect the aquatic and future land uses being served corridor ar
environment, and description of by the proposed transportation
threatened or endangered animal facility. 3. A cc
species and their habitat. b.The traffic model data,verifying including:
consistency with the regional
b. A map and description of the transportation plan, the Colorado a. Type
critical wildlife habitat and Department of Transportation improvem(
livestock range to be affected by (CDOT) Statewide Transportation b.Cost esl
the proposed project, including Improvement Program(STIP),and c. Appro
migration routes, calving areas, the regional Transportation constructic
summer and winter range, and Improvement Program(TIP). acquisition
spawning beds. c. The existing and proposed
traffic volume impacts to the 4. Demogr
c. Description of the impacts and adjacent road system, including impact are
net effect which the proposed local roads.
project will have on terrestrial and d.The existing and future Level of a. Estima
aquatic animals, habitat,and food Service(LOS)and capacity of the number an
chain. transportation facilities before and b. Total e
after the proposed project is types, a
7. Terrestrial and Aquatic Plant completed. locations.
Life. e. All transportation access c.Family ii
information, as required by the d. Popu
a. A map and description of the COOT State Highway Access increment(
terrestrial and aquatic plant life Code, 1998 revisions,or the most applicant,
including the type and density,and current edition thereof. permit aut
threatened or endangered plant 20?year in
species and habitat. O. Balance Between Benefits and e.Bounda
Losses. the impact
b.Descriptions of the impacts and
net effect which the proposed 1. Description of the foreseeable 5.A descr
project will have on terrestrial and benefits of natural, agricultural, projected
aquatic plant life. recreational, range or industrial project.
resources within the County, and
8. Soils, Geologic Conditions and the opportunities to develop those 6. A quan
Natural Hazards. resources in the future, of traffic
generators
a. A map and description of the
soil, geologic conditions, and 2. Description of the foreseeable 7. A des(
natural hazards including, but not losses of natural, agricultural, level of se
limited to, soil types, drainage recreational, range or industrial the project
areas, slopes, avalanche areas, resources within the County, and (10)year it
debris fans, mud flows, rock slide the loss of opportunities to
areas,faults and fissures,seismic develop those resources in the 8. A map
history,and wildfire hazard areas. future. existing it
area in rel
b. Descriptions of the risks to the R.Monitoring and Mitigation Plan. circulation
proposed project from natural proposed
hazards. 1. Description of all mitigation for
the proposed project. 9.A descr
c. Descriptions of the impact and the propo
net effect of the proposed project a. Describe how and when accessibilil
on the soil and geologic conditions mitigation will be implemented and public fac
in the area, and their effects on financed. industrial f
streambed meander limits and b. Describe impacts which are areas.
aquifer recharge areas. unavoidable and cannot be
mitigated. 10. A de:
M. Nuisance. Descriptions and hazards wl
maps showing the range of noise, 2.Description of the methodology location of
glare, dust, fumes, vibration, and used to measure the impacts of
odor levels caused by the the proposed project and the 11. A mar
proposed project,and indication of effectiveness of proposed showing t
their significance. mitigation measures. expected
without,thi
N. Areas of Paleontological, 3. Description, location, and
Historic, or Archaeological intervals of proposed monitoring, 12. A di
Importance. to ensure that mitigation will be proposed
effective. will be in
1. A map and description of all Comprehe
sites of paleontological,historic,or S.Benefit/Cost Analysis.Submittal each polio
archaeological interest. of a benefit/cost analysis of the the prop(
proposed project. and description
2. Description of the impacts and identification of the distribution of project co
net effect of the proposed project the burden of the cost for the goal.
on sites of paleontological, proposed improvements,including
historic,or archaeological interest. cost to adjacent state or local
jurisdictions. 13. A di.
O. Hazardous Materials proposed
Description. T. Fees, Application costs and will be in
referral fees. applicable
1. Description of all hazardous, plans,inch
toxic,and explosive substances to Sec. 21747510. Specific each polio
be used, stored. transported, Application Submittal the prop(
disturbed, or produced in Requirements for Site Selection description
connection with the proposed of Arterial Highways, project coi
project, including the type and Interchanges and Collector goal.
amount of such substances, their Highways(Including Private Toll
location, and the practices and Roads and Toll Highways). 14. A
procedures to be implemented to In addition to the materials developme
avoid accidental release and required for all applications, an result in th
exposure, and any foreseeable applicant requesting a permit for without, II
impacts to the environment of site selection of arterial highways, proposed
such substances. interchanges, and collector developme
highways (including private toll measured:
2. Location of storage areas roads and toll highways), shall land availa
designated for equipment, fuel, submit the following materials: vacancy r
lubricants, and chemical and accessibild
waste storage,with an explanation A. A list of alternative corridor utility sery
of spill containment measures. locations for the arterial highway, quasi?publ
interchange or collector highway regional
P.Transportation Impacts. (indd4BfE NP9[40g55Nf(taf602135 employmel
hinhmv
any one
B. A list of alternative corridor 2. Maps showing the proposed subsectior
locations considered for the right?of?way. sentences
facilities. might b
3. The minimum and maximum unconstitu
C. For each alternative corridor passenger capacity of the transit
location being considered by the vehicles which will travel on the
applicant, including the preferred guideway, and the anticipated
alternative, the information frequency or scheduling of
specified below shall be provided: guideway use. PURSUAP
Home R.
1. A general description of the 4. The maximum proposed grade Number 2
alternative, with the advantages of the guideway and the maximum was intros
and disadvantages of the curvature. Proposed curves in duly ma
alternative. excess of ten degrees shall be approved
indicated on the map. March 3,
2. A location map showing the and secor
corridor and general area. 5. Identification of all buildings or to be held
other structures which must be Board, Fir
3. A corridor location study removed in order for the proposed 915 101
showing: guideway to be built. Colorado
2008. All
a. Type and scale of the 6. A plan for preventing collisions interested
improvement. at points where the proposed Ordinance
guideway crosses other and may b
b.Cost estimate. transportation corridors. Please cc
c. Approximate timetable for Board's of
construction and right?of?way 7. A study which describes and 7215,Exte
acquisition, analyzes the effects of noise and 352-0242,
vibration on surrounding property hearing i1
4.Demographic information in the owners, with particular emphasis disability,
impact area: on residential land uses. accommor
participate
a. Estimated current population G. If the proposed facility is a Any backi
number and density. station or terminal associated with informatior
b. Total employment, occupation a mass transit or rapid transit to the
types, and major employer system, the application shall also Commissic
locations, include: matter ma
c.Family incomes. office of If
d. Population projections in 1. A passenger impact analysis, County Cc
increments as determined by the including the number of vehicle the Welt
applicant, and approved by the trips associated with the station,or Center, T
permit authority, not to exceed a terminal at, or just before, any Street,
20?year increment. scheduled departure, the number between t
e.Boundaries of neighborhoods in of passengers which will likely ride and 5:00
the impact area. only one way on any given day,l Friday, o
f.Economic sectors in the service and the number of passengers through tl
area which will use the facility for which may be expected to bring Page(se
shipping materials. baggage, recreational equipment, messages
tools,or other material. Commissic
5.A description of the current and included
projected need for the alternative. 2. The anticipated schedule of ensure In,
departures and arrivals at the correspor
6. A description of the impacts of station or terminal and the file, plea,
the proposed project on expected capacity of each transit egesick@
accessibility to and from existing unit.
public facilities, commercial and SECOND
industrial facilities, and residential 3. The maximum length of any 2008,at 9:
areas. train that which serve the station THIRD RE
or terminal, excluding propulsion at 9:00 alt
7. A description of the safety units.
hazards which may result from the BOARD
location of the proposed project. 4. Basic floor plans and COMMISS
architectural sketches of each WELD COI
8. A map(s) of the impact area proposed building or structure,
showing planned, proposed, or together with a site map showing DATED:M
expected land use with, and the relative location of each PUBLISHE
without,the proposed project. building or structure, the Fort Lu
9. A discussion of the 5.A map of all roadways,parking
development potential which will areas with parking requirements,
result in the impact area with,and and other facilities, showing
without, the completion of the details such as width, layout,
proposed project. The traffic flow, pavement markings,
development potential shall be and traffic control devices.
measured in terms of:land values,
land availability,land use controls, 6. Identification of all buildings or
vacancy rates and indices of other structures which must be
accessibility to school/education, removed in order for the proposed
utility service, other public and station or terminal to be built.
quasi?public services, local and
regional amenities, and BE IT FURTHER ORDAINED by
employment opportunities, the Board that the Clerk to the
Board be, and hereby is,directed
10. A description of the projected to arrange for Colorado Code
number of users of the proposed Publishing to supplement the Weld
project. County Code with the
amendments contained herein, to
11. A description of the plans for coincide with chapters, articles,
complementing and integrating divisions, sections, and sub
with other modes of transportation. sections as they currently exist
within said Code; and to resolve
D. A description of plans for any inconsistencies regarding
relocation of, and compensation capitalization, grammar, and
for,homes and businesses. numbering or placement of
chapters, articles, divisions,
E. A map and description of the sections,and sub-sections in said
existing and planned circulation Code.
system in the proposed service
area, indicating the modes, level BE IT FURTHER ORDAINED by
of service, and any functional the Board if any section,
problems. subsection, paragraph, sentence,
clause, or phrase of this
F.If the proposed facility is a fixed Ordinance is for any reason held
guideway, the application shall or decided to be unconstitutional,
also include: such decision shall not affect the
validity of the remaining portions
1. A description of the type of hereof. The Board of County
motive power which will be used to Commissioners hereby declares
propel transit vehicles along the thaCAsEop)01-44n9sgmfairisfloiog5
is niiomirmr and nca ma m nm,nnnrc h
NOTICE
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 9:00 a.m., on March 3, 2008, 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 March 24, and April 14, 2008.
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. 2008-17
APPLICANT: County of Weld
REQUEST: Code Ordinance #2008-1, In the Matter of Repealing and Re-enacting, with
Amendments, Chapter 21 Areas and Activities of State Interest, of the Weld
County Code
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 8, 2008
PUBLISHED: February 13, 2008, in the Fort Lupton Press
PROOF OF PUBLICATION NOTICE
FORT LUPTON The o Board of County
Commissioners of Weld County,
STATE OF COLORADO Colorado, will conducta public
hearing 00 am., March 3,
2008, in the Chambers of the
OUNTY OF WELD SS. Weld
of Courtly Commissioners,
tr
Weld County Centennial Center,
915 10th Street, First Floor,
Greeley,Colorado,for the purpose
of considering amendments to
certain sections of the Weld
I, Karen Lambert, do solemnly swear that IC amendded. Se cc eoen Ca ond and as currentlya S third
reading of said Ordinance will be
am the Publisher of the Fort Lupton Press; considered on March 24,and April
that the same is a weekly newspaper printed 1 a er in8. All persons in any
manner interested hear areandrequested
tand published in the County of Weld, State heard.
attend said hearing may be
heard.
If a court reporter is desired,
of Colorado, and has a general circulation please advise the Clerk to the
Board,in writing,at least five days
therein; that said newspaper has been prior of the hearing. The cost of
engaging a court reporter shall be
published continuously and uninterruptedly borne by the requesting party. In
accordance with the Americans
in said county of Weld for a period of more with Disabilities Act, if special
accommodations are required in
than fifty-two consecutive weeks prior to the order for you to participate in this
hearing, please contact the Clerk
first publication of the annexed legal notice to the Board's Office at(970)355-
4000,Extension 4225,prior to the
or advertisement; that said newspaper has day of the hearing.
Copies of
been admitted to the United States mails as amendment may
be examined the pined in
id
the office of the Clerk to the Board
second-class matter under the provisions of of County Commissioners,located
al
the act of March 3, 1879, or any in the Weld County Street,Cen Third
Center, County
Third
Floor, Greeley, Colorado, Monday
amendments thereof, and that said through Friday, 8:00 a.m. to 5:00
p.m.
newspaper is a weekly newspaper duly
DOCKET NO.2008-17
qualified for publishing legal notices and APPLICANT:County of Weld
advertisements within the meaning of the REQUEST; Code Ordinance
#2008-1, In the Matter of
laws of the State of Colorado. That the Repealing and Re-enacting, with
Amendments, Chapter 21 Areas
Hexed legal notice or advertisement was and Activities of State Interest, of
the Weld County Code
blished in the regular and entire issue of
BOARD OF COUNTY
ery number of said weekly newspaper for COMMISSIONERS
WELD COUNTY,COLORADO
the period of 1 consecutive insertion(s); and
DATED:February 8,2008
that the first publication of said notice was in PUBLISHED:February 13,2008,
n the Fort Lupton Press
the issue of newspaper, dated 13th day of
February, 2008, and the last on the 13th day
of February, 2008.
Publisher. Subscribed and sworn b 00 LOP
8th day of February, 2008. 4O Np1AR>\
M N
F CO �Q
er
Notary Public.
CASE NO.401951 key 49686
Hello