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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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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, the most recent copy of which is on file at the
Clcrk to the Doard's office and the Dcpartmcnt of Planning Scrviccsreflected'
in Appendix 26-Q.
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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 1-76 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, the moat recent copy of which 13 on file at the Clerk to the Doard's office and
the Department of Planning Ccrviccareflected 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), the most recent copies of
which are on file at the Clerk to the Board's office and the Department of Planning Services.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, the moat recent copy of
which is on file at the Clerk to the Board's office and the Department of Manning
Servicesreflected 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.
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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, the most recent copy of which is on file at thc Clerk to the
Board's office and the Department of Planning Servicesreflected in Appendix26-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, the most recent copy of which is on file
at thc Clerk to the board's office and the Department of Planning Servicesreflected 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
Southeast Weld Mixed Use Development Area Structural Land Use Map, the most
recent copy of which is on file at the Clerk to the Board's Office and the Department
of Planning Cerviceareflected in Appendix 26-R. 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.
C - No change.
D. 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 as follows,and are delineated on the Southeast Weld
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Mixed Use Development Area Structural Land Use Map, the most recent copy of
which i3 on file at the Clerk to the Board's office and the Department of Planning
Gervice3reflected in Appendix 26-R. 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 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, the
most recent copy of which is on file at the Clerk to the Board's office
and the Department of Planning Servicesreflected in Appendix26-R,
are primarily defined by the one-hundred-yearfloodplain(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, the-most-recent
copy of which is on file at the Clerk to the Board's office and the Department
of Planning Servicesreflected in 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
2006-3242
PAGE 4 ORD2006-9
private access, to a collector which serves local traffic and provides access
to future development. The proposed hierarchy of roads includes both
reconstruction and/or widening of existing roads and alignments for new
roads. The transportation network also identifies locations of future signals.
Remainder of Section - No change.
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.
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
WELD COUNTY, COLORADO
ATTEST:
M. J. Geile, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tem
BY:
Deputy Clerk to the Board
William H. Jerke
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
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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
2006-3242
PAGE 6 ORD2006-9
APPENDIX 26-Q
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2006-3242
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APPENDIX 26-R
SOUTHEAST WELD MIXEDUSE DEVELOPMENT AREA
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2006-3242
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