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Home My WebLink About20070099.tiff 6, WELD COUNTY CODE ORDINANCE 2006-9 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE - NEWBY FARMS, LLC, CIO VILLAGE HOMES OF COLORADO 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 requirement therein, and WHEREAS, the proposed amendment will be consistent with existing and future goals, policies and needs of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 26 MIXED USE DEVELOPMENT Add Appendix 26-Q, 1-25 Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map - SEE ATTACHED Add Appendix 26-R, Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Map - SEE ATTACHED Amend Sec. 26-1-20. Planning area boundaries. A - No change. B. The 1-25 MUD area covers approximately fifteen thousand (15,000) acres, with approximate boundaries at Weld County Road 1 on the west, Weld County Road 15 on the east, Weld County Road 32 on the north and Weld County Road 20 on the south. The planning area boundaries are shown on the 1-25 Mixed Use Development Area 2.1 Land Use Map, reflected in Appendix 26-Q. I 11111 1111 11111111 11111111 III 11111 IIII III 3449686 01/19/2007 03:34P Weld County, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-0099 PAGE 1 ORD2006-9 fie '. C�J L / ' /171Z re-7 O/ -p3 -Q7 C. The Southeast Weld MUD area is approximately five thousand six hundred(5,600) acres in size. It is located in southern Weld County along the transportation corridors of Weld County Roads 49 and 22, and is situated to participate in the County's future share of commercial, industrial and residential growth. The area is in close proximity to major regional economic generators such as Denver International Airport and the metropolitan areas of Denver and Greeley.The existing transportation links of I-76 and its existing interchanges, and the County's commitment to Weld County Road 49 to serve as the County's only continuous north-south highway from Greeley to the south, east of Interstate 25, support the need to identify this area as an urban corridor. The planning area boundaries are shown on the Southeast Weld Mixed Use Development Area Structural Land Use Map, reflected in Appendix 26-R. Amend Sec. 26-1-30. Amendment Procedure. Individuals may submit a proposal to amend the MUD Structural Plans in accordance with the procedures set forth in Section 22-1-150 of this Code. Any applicant submitting a proposal to amend the 1-25 or Southeast Weld Mixed Use Development Structural Land Use Maps, reflected in Appendices 26-Q and 26-R, shall also submit a deed or legal instrument to the Department of Planning Services identifying his or her interest in the property. Amend Sec. 26-1-60. General development standards. Recent development and development pressures in the MUD areas have accelerated and reinforced the need for long-term approaches to planning. This increase in development has resulted in the creation of development standards to regulate these areas. These development standards shall apply to all structures and land within the MUD areas as shown on the 1-25 Mixed Use Development Area 2.1 Land Use Map (See Appendix 26-Q), and the Southeast Weld Mixed Use Development Area Structural Land Use Map(See Appendix 26-R).These regulations provide development standards to implement the goals and policies in the Mixed Use Development Section of Chapter 22 of this Code. Amend Sec. 26-2-10. Development standards. A through B - No change. C. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined in Section 26-2-20 below and are delineated on the 1-25 Mixed Use Development Area 2.1 Land Use Map, reflected in Appendix 26-Q. The correlation of the categories to generalized zone districts as defined in Chapter 23 of this Code are outlined in Appendix 26-C. In all cases, Chapters 23, 24, and 27 should be consulted for clarification of specific requirements. 1 111111 11111 11111 11111 1111111 11111 HIM 11111 IIII 1111 3449686 01/19/2007 03:34P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-0099 PAGE 2 ORD2006-9 Amend Sec. 26-2-20.E.2 to read as follows: 2. Land designated as having limiting site factors on the 1-25 Mixed Use Development Area 2.1 Land Use Map, reflected in Appendix 26-Q, is primarily defined by the one- hundred-year floodplain (as defined by FEMA Flood Insurance Rate Maps), which comprises approximately four thousand five hundred (4,500) acres, or thirty-eight percent (38%) of the total designated area in this MUD area. Sites shown with limiting factors also incorporate other important natural features as well, including wildlife habitat, mature riparian areas, primary drainage ways and sand and gravel resources. Therefore, additional land containing limiting site factors is shown along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical, development within areas having limiting site factors shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity and to minimize negative impacts and alteration of natural features. Amend Sec. 26-3-10. Development standards. Recent activity in the Southeast Weld MUD area has accelerated and reinforced the need for long-term approaches to planning. This increase in development has resulted in the creation of development standards to regulate these areas. These development standards shall apply to all structures and land within the Southeast Weld MUD areas as shown on the Southeast Weld Mixed Use Development Area Structural Land Use Map, reflected in Appendix 26-R. These regulations provide development standards to implement the goals and policies in the Mixed Use Development section of Chapter 22 of this Code. Amend Sec. 26-3-30. Structural land use categories. In the Southeast Weld MUD area, land use is grouped into four (4) categories. These categories are conceptual and not intended or construed to give rise to any vested rights in the continuation of any particular use,district,zoning classification or any permissible activities therein. A - No change. B. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined in Section 26-2-20 and are delineated on the Ca Southeast Weld Mixed Use Development Area Structural Land Use Map, reflected Cc in Appendix 26-R. The correlation of the categories to generalized zone districts as c„ti defined in Chapter 23 of this Code are outlined in Appendix 26-C. In all cases, ate;≤ Chapters 23, 24 and 27 should be consulted for clarification of specific __ = requirements. V C 7.1 C - No change. a-mom = D. Each structural category consists of distinct and unique qualities and is established y as a matter of policy to guide and implement planned land use development. These 07 -0 dal o categories are further defined as follows,and are delineated on the Southeast Weld Mixed Use Development Area Structural Land Use Map,reflected in Appendix 26-R. N c The correlation of the categories to generalized zone districts as defined in Chapter =_- 0)=. 23 of this Code are outlined in Appendix 26-C. In all cases, Chapters 23, 24 and 27 o should be consulted for clarification of specific requirements. — x a_co co a m O 2007-0099 O PAGE 3 ORD2006-9 1 through 3 - No change 4. Limiting Site Factors. a. Areas comprised of limiting site factors contain certain physical elements that obstruct, or are hazardous to, certain types of development. These physical elements include floodplains, critical wildlife habitat areas,aquifer recharge,riparian areas,topographical constraints and other similar inhibiting elements. Although these sites contain factors which limit certain types of development, these areas are, nevertheless, usable for agricultural production, recreational activities and parks or other functions that cannot damage or be damaged by the constraining site factors. These areas can also enhance the character of this MUD area by providing corridors for trails and wildlife, and for the protection of natural resources, riparian habitats and natural features essential to the identity of this MUD area. b. Land designated as having limiting site factors on the Southeast Weld Mixed Use Development Area Structural Land Use Map, reflected in Appendix 26-R, are primarily defined by the one- hundred-year floodplain(as defined by FEMA Flood Insurance Rate Maps). Sites shown with limiting factors also incorporate other important natural features as well, including wildlife habitat, mature riparian areas, primary drainage ways and sand and gravel resources. Therefore, additional land containing limiting site factors is shown along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical, development within areas having limiting site factors shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity and to minimize negative impacts and alteration of natural features. Amend Sec. 26-3-70.D to read as follows: D. Circulation System. . 1. The proposed MUD circulation system is shown on the Southeast Weld Mixed Use Development Area Structural Land Use Map, reflected in o cc Appendix 26-R. The transportation network reflects a hierarchy of roads, from a major arterial which serves both the regional and local traffic with higher speeds and capacities with controlled private access, to a collector a O c which serves local traffic and provides access to future development. The -0 E proposed hierarchy of roads includes both reconstruction and/or widening moo 2 of existing roads and alignments for new roads. The transportation network a_ .0. M CD also identifies locations of future signals. _ o ti Remainder of Section - No change. 0 N 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 pro amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub- - �(C ci cc co 0 2007-0099 03 v PAGE 4 ORD2006-9 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. The above and foregoing Ordinance Number 2006-9 was, on motion duly made and seconded, adopted by the following vote on the 8th day of January, A. D., 2007. BOARD OF COUNTY COMMISSIONERS '-_ WELIOUNTrY, C OR/ADO /l 1 , CAN C CI ATTEST: U/�,�,�� '��, . � cy "f / avid E. Long, Chair Weld County Clerk to the B :gc1 t" :?" - Qa -)- G S ,�. , i is . �k�R -Tem BY: �' / t4�ran� It . ? i, Deputy—Clerk to the Boar. ' •I , .- William F. Garcia rN APPR9c D AS TO FO \C fit- t _` 7 / Robert D. Masden k. my Attorney tTha, to— - 2 11; c DbUitg as R demac- 111111 IIIII IIIII IIIII L'L''"'h',p'jjL'L"c"1 INN 3449686 01/19/2007 48 W.00 Steve MorenoClerk&C Recorder 2007-0099 PAGE 5 ORD2006-9 Publication: November 15, 2006, in the Fort Lupton Press First Reading: November 27, 2006 Publication: December 6, 2006, in the Fort Lupton Press Second Reading: December 18, 2006 Publication: December 27, 2006, in the Fort Lupton Press Final Reading: January 8, 2007 Publication: January 17, 2007, in the Fort Lupton Press Effective: January 22, 2007 1111111111111111111111111111111111111111111111111111111 3449686 01/19/2007 03:34P Weld County, CO 6 of 8 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2007-0099 PAGE 6 ORD2006-9 APPENDIX 26-Q _ 18 7\ 17 orJ ---Lac-,,Q , P1 rwr WC,. . r , 21 -A f a 20 - irm' 2b �L cast` ion .. o il, r%. IF • �•�J_^ flfla3° Ito �� Wit � � CI c �i _ will ien -----snrs In ... ,„.„ ,„EDPIIIINAts„.._ ,. ...„ --- , . _ a te= - �I r1l�rr i �s eat abtA, li �' • ( d iieS ; A aK B g� N (tt �sl_ j-r a �BqgN U 4y "IDA rat t -, / ,:::,, 2.-,/,,//1/;, j AM *gime: Situ shwa- �.� , -le , s aS , t ar / %/./ 1 , ,„....c rr1 %/7:/.//V R'/, .1O 7 r.. . :,,/ -1 7 / / ._.,... s 4 I 444 Legend Ol25 MUD Area Boundary O Limiting Site Factors-Lowest Intensity '' Community Park Re onal Park a Nistono/Community -Employment Center- High Intensity g� ® Neighborhood Park 1t Residential t",9 City/Town Annexations O. Neighborhood Center- Lower Intensity _Regional Commercial-Me6um Minsky Other Community Trails In mile service radius Roads /As St.Main Trail System 0 Transit Center OFuture School See I-25 Mixed Use Development Area Structural Plan Map 2.1 Structural Land Use Map Map Date:January 8,2007 I L(!Uh!' I) 0L " IIIIIIIIIIII VIII III VIII IIIIIIII7 03:34P Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-0099 PAGE 7 ORD2006-9 APPENDIX 26-R SOUTHEAST WELD MIXED USE DEVELOPMENT AREA- STRUCTURAL LAND USE MAP _ M....TM�y'., e tEE �.Q, aa.as / N...... Hwy ..... cum'um a uun� rur Ij mend...,..m O Cilia - - KEENESBUR e �`A I 111111 11111 11111 11111 1111111 11111 11111 111 11111 IIII 101 3449686 01/19/2007 03:34P Weld County, CO 8 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-0099 PAGE 8 ORD2006-9 Hello