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Home My WebLink About20060943.tiff ArrT6 Z CHAPTER 22 (Rev.2/17/06) Comprehensive Plan Ankle I General Provisions Division I Preface red=new language Sec. 22-1-10 Introduction strike-through=deleted Division 2 Content of the Plan Sec.22-1-50 Content of Plan Division 3 General Provisions Sec. 22-1-100 Definition of Comprehensive Plan Sec. 22-1-110 Relationship to planning documents Sec.22-1-120 Comprehensive Plan guiding principles Sec. 22-1-130 Principal plan components Sec.22-1-140 Planning process Sec.22-1-150 Comprehensive Plan amendment procedure Sec.22-1-160 Location Sec.22-1-170 County population Article 11 Land Use Categories Sec.22-2-10 Foundations of existing land use Sec.22-2-20 Foundations of future land use Sec. 22-2-30 Agriculture Sec.22-2-40 Agricultural industry and benefits Sec.22-2-50 Concerns of farming as an industry Sec.22-2-60 Agricultural goals and policies Sec.22-2-70 Urban development • Sec.22-2-80 Concerns of development Sec. 22-2-90 Benefits of urban development Sec.22-2-100 Urban growth Sec.22-2-110 Urban growth boundaries goals and policies Sec.22-2-120 Unincorporated communities Sec.22-2-130 Unincorporated community goals and policies Sec.22-2-140 Industrial development Sec. 22-2-150 Industrial development goals and policies Sec. 22-2-160 Commercial development Sec.22-2-170 Commercial development goals and policies Sec. 22-2-180 Residential development Sec.22-2-190 Residential development goals and policies Sec.22-2-200 Planned Unit Development Sec. 22-2-210 Planned Unit Development goals and policies Sec.22-2-220 I-25 Mixed Use Development area and urban development nodes Sec.22-2-230 General MUD Goals and policies Sec. 22-2-240 I-25 MUD Goals&Policies Sec. 22-2-250 1-25 MUD Public facilities&services Goals&Policies Sec.22-2-260 I-25 MUD Transportation&circulation Goals&Policies Sec. 22-2-270 Southeast Weld MUD Area Goals&Policies Sec.22-2-280 Southeast Weld MUD Public facilities&services Goals&Policies Sec.22-2-290 Southeast Weld MUD Transportation&circulation Goals&Policies Article lII Land Use Amenities Sec.22-3-10 Public facilities and services Sec.22-3-20 Fire protection Sec.22-3-30 Law enforcement Sec. 22-3-40 Public facilities general requirements Sec.22-3-50 Public facility and service goals and policies Sec.22-3-60 Transportation Sec.22-3-70 Road classifications 2006-0943 Sec. 22-3-80 Pedestrian and bicycle paths Sec. 22-3-90 Scenic road byways Sec.22-3-100 Regional plans Sec. 22-3-110 U.S. 85 candor Sec. 22-3-120 Air transportation Sec.22-3-130 Rail transportation Sec.22-3-140 Transportation goals and policies Sec.22-3-150 Tourism goal Article IV Environmental Resources Sec.22-4-10 Purpose Sec.22-4-20 Water quality Sec.22-4-30 Water goals and policies Sec. 22-4-40 Air Sec.22-4-50 Air goals and policies Sec. 22-4-60 Noise Sec. 22-4-70 Noise goals and policies Sec. 22-4-80 Waste Sec. 22-4-90 Transfer,processing and diversion Sec.22-4-100 Transfer,processing and diversion goals and policies Sec.22-4-110 Final disposal Sec.22-4-120 Final disposal goals and policies Sec.22-4-130 Exploration and production waste Sec.22-4-140 Exploration and production goals and policies Sec.22-4-150 Biosolids and septage Sec. 22-4-160 Biosolids and septage goals and policies Sec.22-4-170 Hazardous waste Sec.22-4-180 Hazardous waste goals and policies Sec. 22-4-190 Agricultural waste —� Sec.224-200 Agricultural waste goals and policies Article V Natural Resources Sec.22-5-10 Purpose Sec.22-5-20 Wildlife Sec. 22-5-30 Wildlife goals and policies Sec. 22-540 Open space,parks and recreation Sec.22-5-50 Open space,parks and recreation goals and policies Sec.22-5-60 General resources Sec.22-5-70 Commercial and mineral resources Sec.22-5-80 Commercial and mineral resource deposits goals and policies Sec.22-5-90 Oil and gas deposits Sec.22-5-100 Oil and gas goals and policies Appendix Appendix 22-A Population Distribution,Percentage Based Appendix 22-B Existing 1995 Land Use in Weld County Appendix 22-C Number of Acres in Municipalities in Weld County Appendix 22-D 2000 Base Economic Analysis Appendix 22-E Weld Cnmty's Right to Farm Statement Appendix 22-F Tax Limitations Appendix 22-G Mixed Use Development Area(MUD)Land Use Plan Distribution Appendix 22-H Sources Appendix 22-I Agricultural Study Committee Summary Ord.Na Effective Date Desciipdon 147 1/13/87 Original Document(Comprehensive Plan) 147-A 9/22/87 Addition of Mineral Resources;Environmental Quality and Natural Resources;Open Space,Parks and Recreation;and the Weld County Economy Sections 147-B 3/24/92 Conceptual Land Use Plan Map and I-25 Mixed Use Development area and Activity Centers Map revision 147-C Tabled 147-D 5/8/95 Conceptual Land Use Plan Map and 1-25 Mixed Use Development area and Activity Centers Map revision 147-E 5/15/95 Conceptual Land Use Plan Map and 1-25 Mixed Use Development area and Activity Centers Map revision 147-F 5/31/95 Conceptual Land Use Plan Map and 1-25 Mixed Use Development area and Activity Centers Map revision 147-G 11/21/95 Fundamental revision of Comprehensive Plan,repeal and readoption of Plan 147-H 7/30/96 Conceptual Land Use Plan Map and I-25 Mixed Use Development area and Activity Centers Map revision 147-I 8/27/96 Environmental section revision 147-1 10/22/96 Technical amendments;add Table 5,Land Use Plan Distribution;Mixed Use Development revisions 147-K 4/22/97 Wildlife Habitat Map revision 147-L 7/8/97 Structural Land Use Map 2.1 revision 147-M 2/9/98 Agriculture goal and policy revisions 147-N 4/13/98 Structural Land Use Map 2.1 revision 147-O 8/31/98 Structural Land Use Map 2.1 revision 147-P 3/25/99 Conceptual Land Use Plan Map and 1-25 Mixed Use Development area and Activity Centers Map revision 147-Q 10/31/00 Structural Land Use Map 2.1 revision;Urban Growth Boundary map revision;Table 22.4,Land Use Plan Distribution;Art. I,General provisions;Art.II,Land use categories; Art. HI,Land use amenities;Art. IV;Environmental resources;Appendix transportation definitions,Weld County's right to farm 2001-1 5/14/01 Title of Weld Counts right to farm 2001-4 9/3/01 Table 22.4,Land Use Plan Distribution 2002-4 5/20/02 Table 22.4,Land Use Plan Distribution 2002-6 1017/02 Repeal,reenact Comprehensive Plan 2003-1 4/23/03 Appx 22-G,MUD Land Use Plan Distribution 2004-6 8/30/04 Deleted Appx.22-G 2005-01 3/28/05 Comprehensive Plan amendment procedure;Urban growth Amend and Repeal 3 See 22-1-10. Introduction. A. Early in 2001,the Board of County Commissioners selected a committee of thirteen(13)residents of the County and directed them to review and update the Weld County Comprehensive Plan. The committee, made up of people with diverse interests and backgrounds, and coming from different regions of the County, were exposed to a wide variety of speakers and guests, some from different departments of the County, some from other government agencies, and some from the private sector. The overall theme of the speakers was an acknowledgment that growth and development in the County is occurring and is expected to continue in the foreseeable future,so it is important for the County to update and revise the Comprehensive Plan and other land use policies to assure alignment with these projections. B. As elected representatives of the citizens of the County,the Commissioners also expressed their desire to update and revise the Plan, and discussed their expectations with each member during the selection process. The Preface is intended to present an overview of the Plan and outline the components of the Plan. C. The Comprehensive Plan is a document that serves as the foundation of all land use and development regulations in the County. The Comprehensive Plan is adopted by the Board of County Commissioners as an ordinance and is the basis for the rules and regulations that govern planning, zoning, subdivisions and land use. Supplemental to the Comprehensive Plan are the zoning ordinances, development standards and requirements, subdivision procedures and policies,and other documents,all of which combine to make the framework used by County government to manage growth in the County. (Weld County Code Ordinance 2002-6) Sec. 22-1-50. Content of Plan. A. The Comprehensive Plan is comprised of five(5)Articles and an Appendix. The Articles are: I General Provisions II Land Use Categories III Land Use Amenities IV Environmental Resources V Natural Resources B. The Preface will present the highlights of each of these Articles. It is important to note that each Article has many sections and a thorough reading of the Comprehensive Nan is essential to fully understand the substance of the document. C. ARTICLE I-GENERAL PROVISIONS: This Article describes what the Comprehensive Plan is,how it relates to other planning documents; and how the planning process works; as well as some general demographic, geographic and economic information about the County. Also included in this Article are the Guiding Principles of the Comprehensive Plan. These principles establish the philosophical foundation of the Plan and help to clarify the intent of the Plan. 1. The Guiding Principles are listed in Section 22-1-120. 2. Another important part of the General Provisions is in the Section entitled "Planning Process." This Section deals with the interaction of the County, other agencies of the federal, state, and local governments, citizens interested in land use matters, and the applicant proposing a land use change on a property in which he or she has an interest. To ensure the highest level of courtesy, helpfulness and professionalism between all parties,the County will rely on the following five(5)principles in processing any land use matter. a. The County will encourage citizen participation in the planning process. b. The County will encourage and promote coordination and cooperation between federal, state and local government entities charged with making decisions which significantly affect land uses in unincorporated Weld County. 4 c. The County will discourage inappropriate development in natural hazard areas and reduce environmental degradation as mach as possible. d. The County will consider recommendations from referral agencies and professionals in making recommendations on land use applications. e. The County will cooperate with the applicant in evaluating the objectives of the applicant and the options available to the applicant while ensuring the health, safety and welfare of County residents. D. ARTICLE II -LAND USE CATEGORIES: This Article lists land use categories such as Agricultural, Industrial, Commercial, Residential and Mixed Use, and it includes a variety of goals and policies associated with each category. Please note that there is no prioritization of the Goals and Policies. Each is equally weighted. Also discussed in this Article are the towns and cities in the County, their relationships with each other and, particularly, their relationship with the County. The interaction between the jurisdictions and property owners is also addressed, assuring that landowners will be included in community,regional and county planning. The cooperative efforts of these differing jurisdictions are essential to coordinating growth in all areas of the County, and the methods of defining the roles and responsibilities of each party are identified in this Article. The 1-25 Mixed Use Development areas (MUD's) is-are also addressed in this Article with goals and policies specific to this these areas.included. 1. The first two (2) sections of the Article are Existing Land Use and Future Land Use. Presently, the County is experiencing rapid growth in the southern and western parts of the County. Most of this growth is associated with aggressive expansions of towns in the County. The eastern and northern parts of the County are growing at a more moderate pace, and many communities in these parts of the County are experiencing difficult economic times. These factors, and others, combine to create a conflict between the desire to support agriculture and the economic pressures on landowners to sell or develop theft agricultural lands. 2. Supporting agriculture will continue to be a significant goal of the County, but it is recognized that the conversion of agricultural lands to other uses will continue. The pattern and quality of growth in the /-� future will be guided by the Comprehensive Plan. By following the Guiding Principles and applying the goals and policies of the Plan,the future land uses in the County will result in: a. Urban growth will occur where it is appropriate. b. Development outside of municipalities will occur only at the intensity that can be supported. c. Agriculture will be supported and will continue as a mainstay of the County. d. All future land uses will be considered with an eye on quality. 3. As described above, there are several land use categories with each category having associated goals and policies. The following is a summary of each category. a. Agriculture: The importance of agriculture in the County is recognized, and supporting agriculture is an important objective of the County. Agricultural Goal 1 states: "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." This goal is achievable by instituting agricultural zoning on most of the undeveloped lands in the County. Such zoning provides areas for agriculture and related activities by continuing a minimum parcel size of eighty (SO)acres in the A(Agricultural)Zone District. 1) Conversion of agricultural lands to urban uses will be considered, but only in the areas in or around existing municipalities or in other areas where adequate facilities such as roads, sanitary sewer, water, etc., and adequate services such as fire protection, police, schools, etc., are currently available or reasonably obtainable. Compatibility of land uses will also be considered. 2) Conversion of agricultural lands to nonurban uses will be accommodated only in areas that can support such development with adequate facilities and services. This allows low density and low /'1 intensity development to occur where appropriate. It also encourages techniques and incentives such as clustering, restrictive easements,building envelopes and setbacks to be used to both minimize the impacts on surrounding piop..,ties, as well as conserve lands for agricultural production. 5 3) Supporting agriculture will include protecting agricultural uses by recognizing the "right to farm" and making significant efforts to inform residents of the County about agricultural operations. Furthermore, water and water rights are addressed in this Section, reinforcing the importance of water and irrigation facilities in the agricultural economy. It is important to remember that state law governs and administers all water rights and water rules. b. Industrial: Industrial development that is not directly related to agriculture is intended to be located inside municipalities or in areas that can support the activity with adequate services and facilities. Industrial development is encouraged because of the economic benefits associated with it, but it is necessary to locate industrial uses appropriately to assure that impacts are addressed. Industrial uses directly related to agriculture may be accommodated in agricultural areas. c. Commercial: Urban commercial uses will be encouraged when located inside urban areas or where support for such uses is currently available or reasonably obtainable. Mitigation of the impacts of commercial uses is essential to assure compatibility with surrounding land uses and to avoid undesirable conflicts. Commercial uses directly related to agriculture may be accommodated in agricultural areas. d. Residential: Residential development is classified in two (2) categories, urban scale development and nonurban scale development. 1) Urban scale development, as defined in Chapter 23 Zoning, and Chapter 27 PUD, should be located inside urban growth boundary areas, or in areas where appropriate services and facilities are currently available or reasonably obtainable. 2) Nonurban scale development, as defined in Chapter 23 Zoning, and Chapter 27 PUD, may be accommodated in other areas of the County; but the density and intensity of any nonurban scale residential development will be thoroughly scrutinized to address the issues of compatibility, availability and adequacy of infrastructure and services, impacts on the natural environment, fiscal impacts on the County, and other issues specific to each proposal. Planning techniques, such as clustering, conservation easements, exemptions, etc„ will be encouraged to facilitate retaining portions of some nonurban scale developments to be used as agricultural lands. e. Mixed Use: Mixed Use Developments areas are characterized by a diversity of uses within the boundaries of an area or single development proposal. These developments can include industrial, commercial and urban residential uses, and are intended to be located in urban service areas. f. Planned Unit Development: The PUD Section expresses the desire of the County to evaluate development proposals in a process that encourages flexibility and variety. The various land use categories and the associated rules and requirements of each category will be used to evaluate any land development proposal; but the mechanism of the PUD allows variations to the standards to be incorporated into development designs that will improve the quality of the development. The PUD establishes a cooperative relationship between landowner and the Department of Planning Services to facilitate collaboration, which will result in better development in the County. This approach promotes quality,creativity innovation and flexibility. 4. The cumulative effect of the goals and policies described in Article II will result in: a. Maintaining the prominence of agriculture in the County. b. Urbanization occurring in and around the cities and towns within the County. c. Property owners'rights and responsibilities being balanced. d. The quality of land uses remaining high. E. ARTICLE III - LAND USE AMENITIES: This Article is made up of two (2) areas of discussion: Public Facilities and Services; and Transportation. 1. Public Facilities and Services: Public facilities and services include such things as fire protection, law enforcement, water, sewer, roadways, schools, parks and open space, and other facilities and services. Any proposal to change land uses will require an examination of the change and how it is influenced by or 6 influences these facilities and services. Development will be required to align itself to the adequacy of facilities and services. 2. Transportation: Transportation includes discussions about the County mad system, mad classifications, pedestrian and bicycle paths, scenic road byways, regional transportation planning, air transportation and rail transportation. The goals and policies of these Sections promote efficient and multi- modal transportation that is sized and designed appropriate to the uses. Again, any proposed land use changes will be required to address the impacts on transportation that may occur because of the change. F. ARTICLE IV—ENVIRONMENTAL RESOURCES: This Article deals with air quality, water quality, noise and waste. The impacts from proposed land uses on air, water, noise, waste and public health should be considered. The intent is to maintain or improve these environmental resources to prevent harm to life, health and property. Each category of environmental resources includes various goals and policies expressing the importance of properly managing and conserving the resource, as well as which mechanisms will be employed by the County to do so. Each category has standards established by federal, state and county regulations which require evaluation by the Department of Public Health and Environment. G. ARTICLE V—NATURAL RESOURCES: This article discusses wildlife, open space, commercial and mineral deposits, and oil and gas deposits. 1. Wildlife: The County recognizes that wildlife is an important contributor to the economic health and quality of life in the County. Therefore, evaluating and mitigating the impacts on critical ecosystem components, including wetlands, significant wildlife habitats, migration corridors and the existing wildlife, is an essential element of land use decisions. The goals and policies of this Section reinforce the relationship between property owners, the County and the Colorado Division of Wildlife to promote wildlife-friendly land uses in the County. 2. Open Space: The central theme of the County's open space goals and policies is to minimize conflicts between areas for open space and development. It is acknowledged in this Section that much of the open, undeveloped land in the County is privately owned and, as such, is not guaranteed to remain undeveloped. However, if development occurs, open space, parks and/or recreation will be provided to enhance the quality of life and enjoyment of the environment. Issues such as which lands should be protected from development; what lands are most suitable for open space; how interconnection of open space lands, both public and private should be encouraged; compensation for public open space on private lands; noxious weed control; and the encouragement of trails are also addressed in this Section. 3. Commercial and Mineral Deposits: This Section pertains to mining in the County. Generally, there are two (2) types of mining operations in the County: coal mining and gravel mining. The state and the federal governments are the primary regulatory entities overseeing these mining activities. The County will cooperate with these agencies and the mining operator to strive to conserve the land, protect the habitat of fish and wildlife, mitigate the impacts on surrounding properties, address traffic issues and properly reclaim mined areas. 4. Oil and Gas Deposits: As with mineral deposits, oil and gas are primarily regulated by state and federal agencies. The County expects oil and gas exploration and production to be conducted in a manner which minimises interference with existing surface uses and mitigates the impacts to present and future land uses. H. APPENDIX: The Appendix contains maps, charts and other data relevant to the plan. It also includes the County's Right to Farm statement, some definitions, a discussion about the tax limitations of the County, and the sources used to develop the Comprehensive Plan. (Weld County Code Ordinance 2002-6) Sec.22-1-100. Definition of Comprehensive Plan. The Comprehensive Plan, contained in this Chapter, is the document intended to fulfill the master plan �.. requirement pursuant to state law and, in part, to set land use policy pursuant to the Home Rule Charter. The Comprehensive Plan is intended to be used for the general purpose of guiding and accomplishing the coordinated, adjusted and harmonious development of the County. The Plan includes all geographic areas of the County. It establishes policy guidelines for existing and future land use decisions. The Comprehensive 7 Plan was originally developed in 1974, revised in 1987, 1995 and 2002 as outlined in the History of Amendments. (Weld County Code Ordinance 2002-6) Sec. 22-1-110. Relationship to planning documents. A. The Comprehensive Plan identifies specific land use goals and policies which are intended to provide guidance and direction for existing and future land use. The basic documents used by the County to carry out the goals and policies of the Comprehensive Plan as contained in this Chapter are the Intergovernmental Agreements, Zoning and Subdivision Ordinances and the Mixed Use Development Area Plans and Planned Unit Development Plans,contained in Chapters 19,23,24, 26 and 27 of this Code. B. The Intergovernmental Agreements, Chapter 19,illustrate coordinated planning agreements between the County and various municipalities. C. The Zoning Ordinance, Chapter 23,is a regulatory document. It defines land use application procedures and responsibilities, standards and regulations pertaining to zone districts and overlay districts, nonconformance,enforcement and the Board of Adjustment. D. The Subdivision Ordinance, Chapter 24, is the regulatory document defining regulations and minimum standards for subdivision development, including design standards for facilities, utilities and other ur,l„uvements. Chapter 24 also explains the procedures for subdividing a parcel of land. E. The Mixed Use Development Area Plans, Chapter 26, is-are the regulatory document defining regulations and minimum standards for development within in a two specifically defined geographical regions of the County. F. The Planned Unit Development Plan, Chapter 27, is a subdivision mechanism used which provides greater flexibility than the Subdivision Ordinance, Chapter 24. G. The Intergovernmental Agreements,Zoning and Subdivision Ordinances, Mixed Use Development Area Plans and Planned Unit Development Plans, Chapters 19, 23, 24, 26 and 27, are intended to implement and -� carry out the goals and policies of this Chapter. (Weld County Code Ordinance 2002-6) Sec.22-1-120. Comprehensive Plan guiding principles. The Comprehensive Plan was originally written in 1974 and has been subsequently revised and updated several times. In 2001, a committee made up of County citizens with diverse backgrounds completed the most recent update of the Comprehensive Plan, and the following guiding principles were developed by this group as a foundation for land use policy in the County. A. Private Property Rights. One (1) of the basic principles upon which the United States was founded and continues to preserve is the right of citizens to own and utilize their property. Private property rights are not unlimited rights but rather rights balanced with the responsibility of protecting community health, safety and welfare. It is the goal of the Comprehensive Plan to express the needs and vision of a developing county, while protecting individual property rights. B. Respect for our Agricultural Tradition. The County has an agricultural tradition, as reflected by its ranking as one (1) of the richest agricultural producing counties in the nation. Land use changes are occurring and agricultural zoned land is being changed to accommodate residential, commercial and industrial development. As these new land uses evolve, it is important that the established agricultural businesses and associated infrastructures are allowed to continue to operate without additional constraints. Individuals who move into these areas must realize that they will experience conditions and services unlike an urban setting and must be willing to accept this lifestyle. The County's "Right-to-Farm" can be found in Appendix 22-E. C. Fairness in the Land Use Change Procedure. The County has established various regulations for the process of land use change. This process oust be fair and equitable to all parties in the following ways: 1. It is a timely process. 2. It is an open process to facilitate public information and input, and should not be approved or denied solely on the basis of public sentiment. 8 3. It provides open communication through the development review process to neighbors and communities most impacted by proposed changes. 4. It maintains consistent requirements,coupled with flexibility, within the implementation criteria. 5. It allows easy access to information about the process so affected parties may be adequately educated. 6. It has an established appeal process. 7. It allows for approval when all written criteria of the land use regulations are met. D. Recognition of the County's Diversity. The County's four-thousand-square-mile area is diverse geographically, demographically, culturally, socially and economically. Land use changes, therefore, must afford flexibility based on the specific location and the particular circumstances encountered within this locality. It is also important to weigh the cumulative impacts that specific land use changes will have. E. Regulations Addressing Land Use Changes. Land use regulations which address land use changes should be written so as protect the rights of private property owners and the public health, safety and welfare. F. Economic Prosperity. Land use policies should facilitate and complement a diverse economic prosperity and harmonize with associated growth. (Weld County Code Ordinance 2002-6) Sec.22-1-130. Principal plan components. A. Goals and policies are the two (2) principal components of this Chapter. The goals are expressed as written statements and represent the direction County citizens have selected for the future. Goals were developed and adopted with input from the public, civic organizations, municipalities and agencies of the state and the federal governments. The adopted goals of this Chapter provide public officials and private citizens with criteria for making planning decisions. B. The policies contained in this Chapter are expressed as written statements and maps. The written policy statements are specific guidelines for public planning decisions. The policy maps, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services, graphically identify important wildlife areas, mineral resources and existing and future general land use classifications. The policy statements and maps provide additional background and clarification to the County goal statements. (Weld County Code Ordinance 2002-6) Sec.22-1-140. Planning process. A. The County planning process is designed to provide a consistent review of individual land use matters. The County staff, Board of Adjustment, Utility Board and Planning Commission are the four (4) groups responsible for processing and evaluating land use applications in the County. The Board of County Commissioners is the group responsible for planning decisions in the County. Chapters 19, 22, 23, 24, 26 and 27 of this Code are the essential documents describing the planning review, decision-making and appeal process. B. The Department of Planning Services welcomes the opportunity to discuss the planning process with interested persons. Most initial discussions and inquiries about the planning process, including land use applications, site plan review procedures and the zone district classifications, begin with the Department of Planning Services. C. When the Department of Planning Services receives a land use application, it is processed and reviewed for compliance with the appropriate sections of this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code. The type of land use application determines the administrative body responsible for review and decision- making. For example, a Use by Special Review application is initially processed by the Department of r Planning Services. The planning staff prepares a written recommendation for the applicant and presents that recommendation to the Planning Commission in a public meeting. The Planning Commission reviews the information presented, evaluates any public testimony and formulates a recommendation regarding the land use application. The Planning Commission's recommendation is then forwarded to the Board of County Commissioners. In a public meeting, the Board of County Commissioners reviews the Planning Commission's 9 recommendation, evaluates any public testimony and makes a decision regarding the Use by Special Review Application. D. This Chapter and Chapters 19, 23, 24, 26 and 27 of this Code enable the public to examine the relationship between general land use planning goals and specific policies and regulations to participate in the decision-making process. The planning process combines the interaction of elected officials and the support staff from the Department of Planning Services and other County departments. E. In order to ensure joint cooperation between citizens and professionals, the County will rely upon the following five(5)principles: 1. The County will encourage citizen participation in the planning process. 2. The County will encourage and promote coordination and cooperation between federal, state and local governmental entities charged with making decisions which significantly affect land uses in unincorporated Weld County. 3. The County will discourage inappropriate development in natural hazard areas and reduce environmental degradation as mach as possible. 4. The County will rely, in part, upon recommendations from referral agencies and professionals in making recommendations on land use applications. 5. The County will cooperate with the applicant in evaluating the objectives of the applicant and the options available to the applicant while ensuring the health, safety and welfare of County residents. (Weld County Code Ordinance 2002-6) Sec.22-1-150. Comprehensive Plan amendment procedure. Evaluation of the Comprehensive Plan contained in this Chapter is necessary to provide an accurate statement of County land use goals and policies based on current data and the needs of County citizens. Therefore, when changes in the social, physical or economic conditions of the County occur, it becomes necessary to reevaluate and change land use goals and policies. The following procedures have been established to amend the Comprehensive Plan. No inclusions or amendments to the Southeast MUD Area Map may be made without previously amending to this Section 22-1-150,defining the criteria for such amendment. A. An overall review and update will be conducted at least every ten(10) years or earlier as directed by the Board of County Commissioners. The update should include an evaluation of the entire Comprehensive Plan as contained in this Chapter. The procedure involved in the update shall include an opportunity for the general public, Department of Planning Services and municipal, state and federal agencies to submit proposed changes and to review and comment on any amendments being considered by the Planning Commission and the Board of County Commissioners. B. Individuals may submit a proposal to amend this Chapter in accordance with the following procedure: 1. Comprehensive Plan amendment proposals shall be considered biannually during a public healing process. 2. The petitioner shall pay for the cost of legal publication of the proposed amendment and all land use application fees. 3. A typewritten original and thirty(30) copies of the proposed amendment must be submitted to the Department of Planning Services no later than February 1 or August 1 of any given year to be considered for review. The following items shall be submitted as part of the proposed amendment: a. A statement describing why the Comprehensive Plan is in need of revision. b. A statement describing how the proposed amendment will be consistent with existing and future goals, policies and needs of the County. 4. In the case of an amendment to the I-25 Mixed Use Development Area Map 2.1 Land Use Map, the proposed amendment mast: 10 a. Demonstrate the proposed inclusion into the I-25 Mixed Use Development Area Map 2.1 Land Use Map or modification to the existing land use classification, as outlined on the I-25 Mixed Use Development Area Map 2.1 Land Use Map, is adjacent to and contiguous with the existing I-25 Mixed Use Development Area Map 2.1 Land Use Map. b. Describe how the proposed amendment will address the impact on existing or planned service capabilities. This statement shall include how emergency services will be provided to the proposed area. c. Delineate the number of people who will reside and work in the proposed area and the number of jobs created by the proposed development. This statement shall include the number of school-aged children and address the social service provision needs, such as schools,of the proposed population. d. Be submitted with a deed or legal instrument to the Department of Planning Services identifying the applicant's interest in the property. e. Demonstrate that the site can be serviced by public water and sanitary sewer service. f. Include a prepared preliminary traffic impact analysis. All traffic analysis information and reports shall be prepared and certified by a registered professional engineer competent in traffic engineering and shall address impacts to strategic roadways, if applicable. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation and improvements necessary to offset a specific project's impacts. This analysis shall include the following information: 1) Introduction: Describe the proposed development and parameters of the study area. 2) Trip generation: Determine daily and a.m. and p.m. peak-hour trip generation for the proposed development using established rates identified in the Trip Generation Manual published by the Institute of Transportation Engineers or as agreed to by County staff. 3) Trip distribution: Based on assumptions contained in the MUD area traffic analysis or market estimate,describe the anticipated trip distribution patterns for the proposed development. 4) Trip assignment: Based on the projected trip generation, assumed trip distribution and the prevailing roadway network, assign the projected traffic to the intersections and streets within the study area. 5) Any reasonable additional information deemed necessary for review. 5. The Department of Planning Services shall, upon submission of a request to amend the Comprehensive Plan: a. Ensure that all application submittal requirements are met prior to initiating any official action. b. Set a Planning Commission hearing date. c. Arrange for legal notice of said hearing to be published one (1) time in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten(10)days prior to the hearing. d. Arrange for a press release regarding the proposed amendment in order to inform as many County citizens and interested parties as possible. e. Prepare a recommendation for consideration by the Planning Commission. 6. The Department of Planning Staffs recommendation shall consider whether: a. The existing Comprehensive Plan is in need of revision as proposed. b. The proposed amendment will be consistent with existing and future goals, policies and needs of the County. 11 c. Referral agency responses have been received and considered. 7. In the case of any amendment to the I-25 Mixed Use Development Area Map 2.1 Land Use Map: a. The proposed amendment inclusion into the I-25 Mixed Use Development Area Map 2.1 Land Use Map or modification to the existing land use classification as outlined on the I-25 Mixed Use Development Area Map 2.1 Land Use Map is adjacent to and contiguous with the existing I-25 Mixed Use Development Area Map 2.1 Land Use Map. b. The proposed amendment will address the impact on existing or planned service capabilities including,but not limited to, all utilities infrastructure and transportation systems. c. The proposed number of new residents will be adequately served by the social amenities, such as schools, of the community. d. The proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable. e. Referral agency responses have been received and considered. 8. The Planning Commission shall hold a public hearing to consider the proposed amendment to the Comprehensive Plan text and maps. The Planning Commission shall recommend approval or denial of the proposed amendment to the Board of County Commissioners. 9. The Planning Commission shall consider the proposed amendment, the Department of Planning Services'recommendation and any public testimony, and determine whether: a. The existing Comprehensive Plan is in need of revision as proposed. b. The proposed amendment will be consistent with existing and future goals, policies and needs of the County. c. In the case of any amendment to the 1-25 Mixed Use Development Area Map 2.1 Land Use Map: 1) The proposed amendment inclusion into the I-25 Mixed Use Development Area Map 2.1 Land Use Map or modification to the existing land use classification as outlined on the I-25 Mixed Use Development Area Map 2.1 Land Use Map is adjacent to and contiguous with the existing I-25 Mixed Use Development Area Map 2.1 Land Use Map. 2) The proposed amendment will address the impact on existing or planned service capabilities,including but not limited to all utilities, infrastructure and transportation systems. 3) The proposed number of new residents will be adequately served by the social amenities, such as schools, of the community. 4) The proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable. 10. The Board of County Commissioners shall receive the Planning Commission recommendation and planning staff recommendation at a public meeting. Receipt of the recommendation shall constitute the first reading of the Comprehensive Plan ordinance. The second reading of the ordinance shall take place not more than sixty (60) days after receipt of the Planning Commission's recommendation. The Board of County Commissioners may then proceed to a third and final hearing of the Comprehensive Plan ordinance. At the close of the public hearing, the Board of County Commissioners may amend the Comprehensive Plan according to the procedures established in Section 3-14 of the Home Rule Charter. 11. The Board of County Commissioners shall consider the proposed amendment, the Planning Commission's recommendation and any public testimony, and determine whether: a. The existing Comprehensive Plan is in need of revision as proposed. b. The proposed amendment will be consistent with existing and future goals, policies and needs of the County. 12 c. In the case of any amendment to the I-25 Mixed Use Development Area Mep 2.1 Land Use Map: 1) The proposed amendment inclusion into the I-25 Mixed Use Development Area Map 2.1 Land Use Map or modification to the existing land use classification as outlined on the I-25 Mixed Use Development Area Map 2.1 Land Use Map is adjacent to and contiguous with the existing 1-25 Mixed Use Development Area Map 2.1 Land Use Map. 2) The proposed amendment will address the impact on existing or planned service capabilities,including but not limited to all utilities,infrastructure and transportation systems. 3) The proposed number of new residents will be adequately served by the social amenities, such as schools, of the community. 4) The proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable. (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2005-01)' e case atrendme utheast W Sec. 22-1-160. Location. A. The County contains approximately four thousand four sixteen(4,00416) square miles and is the third largest county in the State. The County is twice the size of the state of Delaware. The County is bounded on the west by Larimer and Boulder Counties, on the east by Morgan and Logan Counties,on the south by Adams and Broomfield Counties, and on the north by Wyoming and Nebraska. See Figure 22.1 below. The largest municipality in the County is the City of Greeley, with a 2000 Census population of seventy-six nine hundred thirty(76,930)people. The population for the City of Greeley increased thirty percent(30%)between 1990 and f 2000(60,454 in 1990). FIGURE 22.1 LOCATIONAL MAP r rTh B. The transportation in the County is provided by Interstate I-25 and Highway 85 for north and south transit, Highway 14 and Highway 52 for east and west transit, Interstate 76 for more easterly travel, and the several Colorado highways which traverse the region, as well as three thousand one hundred fifty-four and 55/100 (3,154.55) miles of publicly maintained County roads. The highway and road system in the County is managed, in part, by the Colorado Department of Transportation, the County and the thirty-one (31) municipalities within the County. The County's road system presently consists of six hundred sixty-five (665) miles of paved roads and two thousand four hundred ninety(2,490)miles of gravel roads. In addition,there are currently four hundred eighty-seven (487) miles of state highway system and several hundred miles of ,, municipal roads. C. The County is located in the northeastern portion of the State, in the Great Plains area, approximately forty (40) miles east of the Continental Divide. The County has elevations ranging from four thousand four 13 hundred (4,400) feet above sea level at the egress of the Pawnee Creek to highs of approximately six thousand two hundred (6,200) feet above sea level in the northwestern portion of the County. The County has a number of valuable streams and rivers including: the South Platte, the Cache la Poudre River, St. Vrain Creek, Crow Creek, Thompson River and Kiowa Creek. The larger reservoirs in the County g y include: Empire, Riverside, Milton,New Windsor,Lower Latham, Black Hollow and Union. Located in the interior of the North Aucrican continent, the County experiences wide temperature changes from season to season and rapid weather changes due to storms traveling from west to east throughout the region. The average temperature for the month of January is forty(40)degrees Fahrenheit. The average temperature for the month of July is ninety(90) degrees Fahrenheit. The average rainfall amount is twelve(12)inches and the average annual snow fall is twenty-seven (27) inches. The last day of Spring frost (32 degrees Fahrenheit) is May 11. The first day of Fall bust (32 degrees Fahrenheit) is September 30. The average growing season in the County is one hundred forty-three (143)days. (Weld County Code Ordinance 2002-6) Sec.22.1-170. County population. A. The population growth rate has been approximately twenty-five percent (25%) per decade, which is more than triple the national average. Between 1990 and 2000, the population increased thirty-seven percent (37%). Approximately seventy-three percent (73%) of the population is located in an eight-hundred-square- mile area in the southwestern part of the County. The 2000 population density for this area is approximately one hundred fifty-nine (159) people per square mile. The population density of this area increased seven percent(7%)from 1990 to 2000. B. In 2000, one hundred eighty thousand nine hundred thirty-six (180,936) people lived in the County, which represented four and two-tenths percent(4.2%) of the total state population in 2000. The median age of County residents in 2000 was thirty and nine-tenths (30.9) years compared with the state median age of thirty- four and three-tenths (34.3). The gender distribution ratio was similar for both the County and the State for this time frame. The overall dispersion of the County's population resembles the state population with the exception of the County having proportionally a younger work force. For additional statistics please refer to Appendix 22-A. C. The County population in 2000 was mostly homogeneous with seventy percent (70%) of the County population classified as white, not of Hispanic or Latino origin. Twenty-seven percent (27%) of the County population is classified as persons of Hispanic or Latino origin. The 2000 Census was the fast year in which respondents could select multiple-race categories. Refer to Appendix 22-A for additional information regarding these categories. D. Among the sixty-four (64) counties in Colorado, Weld County ranks eighth in total population. The County is classified as an urban county by the Demographic Section of the Colorado Division of Local Government. E. The significance of the County's population growth is its magnitude and distribution. Between 1990 and 2000,the State grew at a rate of thirty and six-tenths percent(30.6%). For this same period of time,the County grew by twenty-seven percent(27%), and the nation by thirteen and one-tenths percent(13.1%). F. Population growth in the County is projected to average a compounded growth rate of three and sixteen- hundredths percent (3.16%) a year through 2020. This growth rate is nearly double the annual compounded growth rate of one and 61/100 percent(1.61%)projected for the State. G. A review of the historical and future projections of the population growth in the County reveals a steady increase in the total population every decade from 1900 to 2000, except 1930 to 1940. The population density per square mile increased from four(4)people in 1900 to forty-five and three-tenths (45.3)people in 2000 and is projected by the Colorado Division of Local Government to increase to over eighty-six(86)people per square mile by 2020. H. In the 2000 Census, the County had a per-capita personal income (PCPI) of eighteen thousand nine hundred fifty-seven dollars ($18,957.00), compared to the State's of twenty-four thousand forty-nine dollars ($24,049.00). This PCPI was in the seventh-sixth percentile of the national average. The County's median household income in the 2000 Census was forty-two thousand three hundred twenty-one dollars ($42,321.00), compared to the State's median household income of forty-seven thousand two hundred three dollars ($47,203.00). 14 I. According to a 1997 study conducted by Colorado State University, the County continues to be an Agribusiness Important county, although the degree of agribusiness' importance is falling. Agribusiness Dependent counties are those counties which receive more than twenty percent (20%) of total county income i . from agribusiness industries, whereas Agribusiness Important counties receive between ten percent (10% and twenty percent (20%) of their income from agribusiness industries. In 1992, fifteen and eight-tenths percent (15.8%) of the County's income was generated from agribusiness industries, while in 1997 it fell to eleven and six-tenths percent(11.6%)even though agribusiness had increased. This is due to other sectors of the economy growing at higher rates and continued diversification of the County's economy. 1. The economy are those aspects of a society which are involved in the employment of scarce productive resources, the production of various commodities and the provision of services, and their distribution about various people and groups. Within the region, "Economy" is another word to describe the interaction of all the elements: people,resources, systems and the rest of the world. We are able to evaluate their size or impact by looking at: a. Employment and income in basic industries. b. Employment and income in indirect basic industries and local resident service industries. 2. The Economic Base Analysis for the County may be found in Appendix 22A. (Weld County Code Ordinance 2002-6) Land Use Categories Sec.22-2-10. Foundations of existing land use. A. The way land is presently used is one (1) of the most important considerations in land use planning. Most existing development continues into the future and has a strong influence on the pattern of development and land use in the County. The existing land use pattern has been created through the process of early settlement and economic development. From the beginning of settlement in the County, economic activities have centered on agriculture. Trade centers were established to provide goods and services to those engaged in farming activities. Transportation mutes and facilities were developed to move goods and people, and to facilitate economic development. B. Throughout the history of the County, population and economic growth required the development of previously undeveloped land. Future growth will require continued urban land area expansion within municipal urban growth boundary areas, as well as amounts of rural area development. Much of this expansion will, as it has in the past,require the conversion of land categorized as farmland to urban uses. C. Over the last decade,the County has experienced a variety of growth patterns. Generally, in the northern and eastern regions of the County, there has been little or slow growth. In the southern and western portions of the County, particularly in the corridor along and between 1-25 and Highway 85, growth has been very rapid. Most of this growth is associated with aggressive annexations by smaller towns,reaching out to the highways to capture potential commercial and industrial users, which will boost their tax bases. A good part of the residential growth is from people seeking more affordable housing and a smaller town environment, even though they commute to the employment centers around the Denver/Boulder Metro area. In the unincorporated areas of the County, some large lot development has occurred in the growth corridor, as well as in the other areas of the County, offering a different product for those who want a more rural lifestyle and a less crowded place to live. D. Even with increased growth and a significant increase in the number and size of annexations, agricultural land use remains the predominant land use in the County. E. These factors, and others, all combine to create a conflict between the desire to support agriculture and the economic pressures on the landowners to develop their agricultural lands. As the economy of Colorado continues to advance, it is likely that the conversion of agricultural lands to more urbanized uses will also continue. (Weld County Code Ordinance 2002-6) Sec. 22-2-20. Foundations of future land use. A. Through the comprehensive planning process, all types of costs associated with development (including economic and environmental) can be reviewed. An urbanization pattern created without knowledge of future 15 surrounding land uses is likely to lack some essential ingredients of long-term desirability. Without preparation for future land use patterns, it is difficult to anticipate locations for schools, parks and traffic circulation systems that will not require additional improvements each time someone decides to develop. The costs of such additional improvements and the limitations of existing improvements lessen the development opportunities for adjacent landowners. This Chapter promotes controlled and orderly growth in relation to the existing and future land use patterns and establishes minimum guidelines for growth within the County. B. The provision of infrastructure, such as transportation systems, sewage disposal or water systems, are important aspects to consider during the planning stages of development. The capacity of planned and future infrastructure shall be evaluated on a site-specific basis. The impact to the surrounding area shall also be considered. C. The County recognizes that well-planned growth requires basic services such as transportation and fire and police protection. D. It is expected that the pattern of growth will continue as described in Section 22-2-10, Foundations of existing land uses. Since growth is directly related to the economic conditions of the State,the rate of growth is somewhat variable; but it is acknowledged that managing the quality and pattern of growth is important to the sustainability of the economy, as well as the quality of life for the County citizens. E. Supporting agriculture will continue to be a significant goal of the County. However, the pressures to convert agricultural lands to other uses will continue to eliminate more and more lands from agricultural production. Most of these lands will be annexed into municipalities, leaving the County's land use jurisdiction; however, other lands in the County's jurisdiction may be suitable for less intensive development. Lands further out and those lands which lie outside of the areas of growth pressures will most likely retain predominately agriculture uses. Given this future land use scenario, it is important that the County employ the following management tools,including without limitation,the following: 1. Cooperation shall be encouraged between agricultural operations and development, both urban and rural. This cooperation provides the opportunity to reduce conflicts and competition, and encourages mutual appreciation of the vital importance of both entities. 2. Work with the municipalities in the County through Intergovernmental Agreements and urban growth boundaries to address the quality of developments, particularly in the areas of transition between the municipalities and the County. Emphasis should be placed on infrastructure, such as roads, sewer, water, drainage, etc., so all parties are aware of the impacts that may be felt by the County and municipality. Also, the expansion of urbanization in and around agricultural land uses creates many issues for the agricultural land owner, as well as the subdivision resident. It is important that these issues are recognized and addressed. 3. Accommodate development of lands outside of municipalities which may include land within urban growth boundaries if: a. The impacts of such development are adequately addressed. b. The infrastructure is capable of handling the intensity of the developments. c. The pattern of development is compatible with the region. 4. Encourage the conservation of agricultural lands, as well as significant geographic areas, i.e., rivers, major drainage-ways,jurisdictional wetlands, etc., through the implementation of voluntary incentives such as: a. Open space acquisitions. b. Conservation easements. c. Transfer of development rights. d. Other innovative and creative techniques such as,but not limited to,those made by the Agriculture Study Committee, which is dated December 17, 1999, and is found in Appendix 22-I. 16 5. Support agriculture by adopting policies and regulations that do not create regulatory burdens on the agricultural producer. 6. Promote quality planning that is: a. Sensitive to the surrounding land uses. b. Respectful of the natural environment. c. Protective of the health, safety and welfare of the citizens of the County. d. Regionally linked, i.e.,by roadways and trails. e. Cognizant of incorporating progressive planning concepts creating an aesthetically pleasing and functionally livable community. F. By following the guiding principles of the Comprehensive Plan and applying growth tools, such as those referred to above, future land uses in the County will result in: 1. Urban growth occurring where it is appropriate as determined through the land use application process. 2. Nonurban growth outside of municipalities will occur only at the intensity that can be supported, as determined through the land use application process. 3. Agriculture will be supported and continue to be a mainstay of the County. 4. All future land uses will be considered with an eye on quality. G. This approach will not halt the changes that are occurring, but it will allow the citizens to manage these changes so the County will continue to be a great place to live. H. Consideration of the impact of the various Overlay Districts shall be given to lands under development �-. consideration. Consideration of the protection of the health, safety and welfare of the present and future citizens of the County shall be given when lands affected by the various Overlay Districts are under development consideration. These Overlay Districts include the Airport Overlay District, the Geological Hazard Overlay District and the Hood Hazard Overlay District. Further definition of these districts are provided in Chapter 23. 1. Areas comprised of limiting site factors contain certain physical elements that obstruct or are hazardous to certain types of development. These physical elements include floodplain, 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 the unincorporated areas of the County by providing corridors for trails and wildlife, and for the protection of natural resources,riparian habitats and natural features essential to the identity of these County areas. 2. Land designated as having limiting site factors are primarily defined by the one-hundred-year floodplain (as defined by FEMA Hood Insurance Rate Maps) which comprises approximately four and thirty-seven hundredths percent(4.37%)of the County land mass. 3. Additional land containing limiting site factors is located 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. 4. Development in the floodplain may be accomplished through engineering of the site, site location or structure or by gaining approval from FEMA and/or acquisition of Flood Insurance. 5. For development in the Geological Hazard Area, landowners should consult the appropriate section of Chapter 23, as well as contact the State of Colorado Geological Survey Section. 17 6. For development in the Airport Overlay Area, landowners should consult the appropriate section of Chapter 23, as well as contact the Greeley/Weld County Airport Authority. (Weld County Code Ordinance 2002-6) Sec.22-2-30. Agriculture. A. The County consistently ranks among the top five (5) counties in the nation in terms of receipts for agricultural products by the Census of Agriculture since 1964. The County is one (1) of the most productive agricultural counties in the State, and accounts for five and 87/100 percent (5.87%) of the State's thirty-two million (32,000,000) acres of land in farms. The soil, topography and irrigation system support this extensive agricultural industry. The County's significant amount of irrigated and nonirrigated farmland produces a wide variety of crops. The State and County witnessed a decline in the number of acres devoted to the farming industry since the 1992 Census of Agriculture. The County experienced a decrease of eight percent (8%), double the State's decrease in loss of acres devoted to the farming industry. The number of full-time farms also decreased nine percent (9%) from one thousand eight hundred seventy (1,870) farms in 1992 to one thousand six hundred ninety-eight (1,698) in 1997. This decrease was double the decrease witnessed at the state level. The market value of agricultural products sold in the County increased nine percent (9%) to more than $1 billion ($1,286,636,000) in the 1992 to 1997 time frame. The overall impact of agri-business in the County, including income and gross sales,is $3.9 billion annually. B. Crops produced in the County are onions, sugar beets, pinto beans, potatoes, corn, alfalfa, wheat, carrots, barley and sorghum, in addition to other specialty crops. Many of the feed crops are utilized locally by the livestock industry. For example, most of the corn grown in the area, both silage and grain, is used for feed at commercial feedlots, farm feedlots and dairies. Significant numbers of sheep, swine and turkeys also use the feed crops from the area. A summer fallowing rotation program is practiced on the nonirrigated farmland. Summer fallowing is necessary to store enough moisture for sustained high yields. C. Water is delivered to farmland through some of the largest and most complex reservoir and irrigation ditch systems in the world. One(1) of a number of influencing systems is the Colorado-Big Thompson project, which makes water available from the State's Western Slope. In addition, shallow and deep wells made possible by the existence of deep broad aquifers are productive sources of irrigation water. The development of these resources and features has made agriculture an important industry in the County since the founding of the Greeley Union Colony in 1870. (Weld County Code Ordinance 2002-6) Sec. 22-2-40. Agricultural industry and benefits. A. The agricultural industry in the County is a complete farm and food system. This system begins with growing and raising farm produce and ends as a product ready for purchase by consumers after it has been processed and transported to the marketplace. B. The following have a role in the County's farm and food system: 1. There are approximately three thousand (3,000) operators of livestock, poultry, vegetable, fruit, nursery and grain farms located in the County. 2. Nearly one-half(1)of the County's farmers listed farming as their secondary occupation according to the 1997 Census of Agriculture. This figure is higher than the 1992 Census of Agriculture which identified one-third(%J)of the County's faun..i s listing farming as their secondary occupation. 3. Those who offer farm-related products and services. Examples of these local industries are fertilizer and chemical product companies, suppliers of feed (grain, livestock and poultry), implement dealers, energy and petroleum product companies, well, pump and irrigation companies, veterinarians, aerial crop sprayers, farm laborers,commercial lending institutions, insurance and transportation industries. 4. Those who purchase products grown and raised on farms for manufacturing, processing and distribution. Examples of these local industries are meat, egg, dairy and vegetable processing and distributing facilities, and bakeries. 5. Grocery stores and other food retailers. 6. Restaurant and other food catering businesses. 18 C. The agricultural industry is an important element in the County economy. The market value of agricultural products and the chain of purchases related to agricultural production contribute significantly to the County's economy. Every dollar that the farmer spends to increase agricultural production creates additional dollars spent on activities related to production. For example, activities such as livestock processing will require purchases of feeder cattle, breeding stock, feed, water, machinery, fuel, labor, transportation, government services and capital(banks and savings and loam). D. Food processing and related products contribute significantly to the manufacturing economy of the County. There are additional impacts to other areas of the economy, such as retail and wholesale trade and transportation services. E. Agricultural lands help maintain a sense of rural identity and diversity. These lands allow communities to maintain separate identities, at the same time conserving productive farmland. While crop lands in the A (Agricultural) Zone District also provide relatively open landscapes, they are privately owned. Unlike urban open space areas, public access to these lands is not allowed. These lands are not guaranteed to remain traditional agricultural lands, but can be converted by the individual land owner to other uses through the appropriate land use process. F. As a secondary benefit, agricultural land use helps to maintain natural systems and natural processes. These may include the preservation of wetlands, small watersheds, aquifer recharge areas, floodplains and special wildlife habitats. (Weld County Code Ordinance 2002-6) Sec. 22-2-50. Concerns of farming as an industry. A. Most of the County's first citizens were engaged in fanning activities. During this time, it was necessary for farming operations and the community to be in close proximity. Because of these settlement patterns of the County's first citizens, and because these areas have proven attractive as sites for expanding communities, some of the most highly productive agricultural land borders urban population centers. As municipalities continue to grow, their expansion encroaches on farm operations. According to 2001 statistics provided by the state ..� demographer, the population in the County is expected to double from 2000 to 2020 (2000 population of 181,931 to 2020 projected population of 344,774), indicating that the competition for land and water will continue. B. The pressure to use land for other than agricultural purposes is the result of complex private and public decisions. Residential and couaurcacial development, and the associated infrastructure to service the development, are examples of uses which have a powerful impact on whether or not agricultural land will be converted to other uses. C. Both perceived and real conflicts between agricultural uses and nonagricultural uses can impact the agricultural industry. Agricultural operations want nonagricultural uses to recognize normal agricultural practices in their area and, in turn, the agricultural uses will recognize the nonagricultural. Residents of the County should be encouraged to read and understand the intent of the adopted Right to Farm. Tension between farming and nonfammng uses is occurring from restrictions on normal farming practices by residential, commercial and industrial uses. Many of the problems stem from unrealistic expectations and a misunderstanding of agricultural production by those seeking a rural lifestyle. D. It is important that County representatives and officials reco.ni'e their role in reducing the conflicts between agricultural uses and residential, commercial and industrial uses. Consistent interpretation and administration of this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code will help in reduction of conflicts. Using these documents to make consistent land use decisions reinforces their usefulness as an information and decision-making tool on land use decisions made by private parties, as well as public officials. E. Irrigation is an important component of agriculture in the County. There is a vast array of channels and water conveyance structures within the irrigated portion of the County, which facilitates irrigation. It is important to understand that ditch and reservoir companies have established legal rights that allow them to /.., operate. Ditch easements may be recorded but many easements are established by use, since most ditches have been in existence well in excess of one hundred(100)years. Landowners adjacent to ditches must be aware that these areas require access for cleaning (removal of silt), burning of weeds and general maintenance. Irrigation companies are not responsible for normal seepage from ditches, as long as the general operation of the ditch is not negligent and is consistent with historic use. 19 F. The practice of agriculture, and lands used for agriculture, are important facets of the County, both historically and currently. Lands used for agricultural purposes appear to be undeveloped open lands,but are in fact privately owned businesses. These agricultural lands serve a public purpose by often providing for the protection of environmentally sensitive lands, agricultural practices and scenic areas or corridors. Land used for agricultural purposes may eventually be converted to another use in accordance with State and County land use regulations. (Weld County Code Ordinance 2002-6) Sec.22-2-60. Agricultural goals and policies. A. A.Goal 1. Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture. 1. A.Policy 1.1. Agricultural zoning will be established and maintained and promote the County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture. a. The availability of a consistent supply of irrigation water must exist in order to have irrigated farmland. Irrigated farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and is also available for these uses (the land could be crop land, pastureland,rangeland,forest land or other land,but not urban built-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general, farmlands have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. Farmlands are permeable to water and air. Farmlands are not excessively erodable or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. 2. A.Policy 1.2. The County should support the development of creative policies to conserve agricultural land,including preservation techniques and prioritizing incentives. 3. A.Policy 1.3. Allow commercial and industrial uses, which are directly related to, or dependent upon agriculture, to locate within the A(Agricultural) Zone District when the impact to surrounding properties is minimal, and where adequate services and infrastructure are currently available or reasonably obtainable. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of agricultural land from production. Agricultural business and industries are defined as those which are related to ranching,livestock production,farming and agricultural uses. B. A.Goal 2. Conversion of agricultural land to urban scale residential,commercial and industrial uses will be considered when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, 1-24 Mixed Use Development areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the A(Agricultural)Zone District and other zoned districts that allow urban uses. In addition,this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban scale. 1. A.Policy 2.1. If it is determined that public facilities, service improvements or maintenance items are required by a development, the land use applicant, developer or landowner will be required to pay for the costs of the public facility, service improvements and maintenance. The methodology for compensation and the determination of maintenance items should be determined during the land use application review process. The developer shall submit all of the following: a. A.Policy 2.1.1. Information which accurately identifies all users of the infrastructure improvements and maintenance. b. A.Policy 2.1.2. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share. c. A.Policy 2.1.3. A proposal that identifies the appropriate time that infrastructure improvements and maintenance charges should be applied. 20 d. A.Policy 2.1.4. A municipality's adopted comprehensive plan goals and policies will be considered when an agricultural business is proposed to expand within an urban growth boundary area. C. A.Goal 3. Provide mechanism for the division of land which is agriculturally zoned. Options for division shall be provided to ensure the continuation of agricultural production and accommodate low intensity development. Urban-scale residential, commercial and industrial development will be discouraged in areas where adequate services and infrastructure are not currently available or reasonably obtainable. 1. A.Policy 3.1. Options for the division of agriculturally zoned land are available in Chapters 24 and 27 of this Code. 2. A.Policy 3.2. Availability of services such as electricity, telephone, water, natural gas, sewer, sheriff and fire protection will determine the intensity of development allowed. 3. A.Policy 3.3. Applications for the division of land which is zoned agricultural shall be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. The criterion shall include but not be limited to: a. A.Policy 3.3.1. Soil classifications. b. A.Policy 3.3.2. Availability,location and accessibility to existing infrastructure and utilities. c. A.Policy 3.3.3. Ensure safe and adequate access onto County roads or State highways. d. A.Policy 3.3.4. Consideration of existing improvements or structures. e. A.Policy 3.3.5. Encourage techniques and incentives such as easements, clusters, building envelopes and setbacks to minimize the impacts on surrounding agricultural land when conversion to another use occurs and to ensure the health, safety and welfare of the inhabitants of the County. f. A.Policy 3.3.6. Lot and building envelope design and placement may be employed and conflicts will be mitigated between existing agricultural uses and future nonagricultural uses. r D. A.Goal 4. Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region. This goal is intended to address conversion of agricultural land to nonurban uses. Once converted,this land is less conducive to agricultural production. 1. A.Policy 4.1. Applications for the division of land which is zoned agricultural to nonurban uses shall be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. The criterion shall include,but not be limited to: a. A.Policy 4.1.1. Soil classifications. b. A.Policy 4.1.2. Availability,location and accessibility to existing infrastructure and utilities. c. A.Policy 4.1.3. Ensure safe and adequate access onto County roads or State highways. d. A.Policy 4.1.4. The level of development associated with the site. e. A.Policy 4.1.5. Consideration of existing improvements or structures. f. A.Policy 4.1.6. The impacts on services such as fire protection, law enforcement, school districts, etc. E. A.Goal 5. The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on agricultural land. 1. A.Policy 5.1. The County encourages oil and gas drilling activities to be coordinated with seasonal production schedules. 2. A.Policy 5.2. When feasible, existing service roads should be utilized to provide access for oil and gas activities. F. A.Goal 6. Public facilities and services such as sewer, water, roads, schools, and fire and police protection, must be provided and developed in a timely,orderly and efficient manner to support the transition of 21 agricultural land to other development uses. In evaluating a land use application, County representatives and the applicant will consider the public facilities and services goals and policies. 1. A.Policy 6.1. The County will encourage developers and utility providers to deliver services in conjunction with development. 2. A.Policy 6.2. Applicants for development are responsible to determine the status of a water well through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well. The State Division of Water Resources shall be contacted by the applicant. 3. A.Policy 6.3. Applicants for development shall fully disclose the quantity currently available or reasonably obtainable and source of domestic and nondomestic water to service the proposed development during the land-use application process. G. A.Goal 7. Protect agricultural uses from those uses which hinder the operations of the agricultural enterprises. 1. APolicy 7.1. The County recognizes the right to farm. In order to validate this recognition, the County has established a statement which should be incorporated on all pertinent land use plats. A copy of this statement is located in Appendix 22-E of this Chapter. a. A.Policy 7.1.1. The agricultural landowner is responsible for following "Best Management Practices." b. APolicy 7.1.2. The County will develop policies to recognize the changing dynamics of agricultural production, such as the size and scope of these operations. c. A.Policy 7.1.3. Adjacent lands owned or leased by an agricultural operation will be used in determining allowable animal unit densities. H. A.Goal 8. Water is a valuable resource in the County. Water rights are defined by state law as real property and may be bought and sold by individuals or entities. Land use regulations should not impact their status as real property. 1. A.Policy 8.1. Any exportation of water out of a closed basin aquifer is discouraged. 2. A.Policy 8.2. Land use regulations should not interfere with the transfer of water rights and their associated uses. 3. A.Policy 8.3. Concerns of irrigation companies shall be addressed through the land use referral process. The placement of fences, structures and recreational trails, for example, shall be made in consideration of the year-round maintenance and operation of the irrigation practice. This consideration shall be made to mitigate associated hazards. I. A.Goal 9. The minimum lot size of parcels in the A(Agricultural)Zone District should remain at eighty (80) acres to encourage parcels large enough to retain viable farming operations or to accommodate modem agricultural equipment and irrigation practices. J. A.Goal 10. Promote a quality environment which is free of unsightly materials,including but not limited to,derelict vehicles, refuse and litter. 1. A.Policy 10.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and noncommercial junkyards. 2. A.Policy 10.2. Develop programs for cleanup of derelict property,junk and weeds. (Weld County Code Ordinance 2002-6) 22 Sec.22-2-70. Urban development. A. Population and economic growth will create a demand for conversion of land to urban uses. The urban development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services exist or can be provided. B. Urban development may be characterized by intense residential, commercial areas for retail, offices, services and other uses that are primarily located along major roadways, at major intersections, and in commercial parks designed to accommodate these more intense uses. Large areas of pavement for roadways, plazas and parking lots accompany these uses. Industrial uses in urban areas vary from heavy industry and manufacturing to manufacturing combined with research and development that is less obtrusive and disruptive to surrounding properties. Usually,the heavier industrial uses are segregated into areas around the perimeter of communities and linked to major transportation networks. Light industry and manufacturing may also be at the perimeters,but sometimes integrated inside the community. C. Urban residential development includes high density multi-family projects, single-family residential subdivisions and many variations between these two (2) categories. Typically, the density of urban residential developments exceeds one (1) unit per acre and all the neighborhoods are characterized by paved streets, sidewalks, parks and a variety of housing types and other urban type land uses. Some commercial or neighborhood service uses such as churches, day care, small-scale offices, schools, convenience stores, small shopping areas,etc., are usually associated with urban residential subdivisions. (Weld County Code Ordinance 2002-6) Sec.22-2-80. Concerns of development. A. Conflicts exist particularly between residential development and existing rural land use that can negatively impact the County. Tension is occurring not only from restrictions on normal farming practices,but also from resistance to change and growth. It is important that County representatives and officials recognize their role in reducing the conflicts between development and rural uses. Consistent interpretation and administration of this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code will help in the reduction of conflict. Using these documents to make consistent land use decisions reinforces its usefulness as an information and decision-making tool on land use decisions made by private parties, as well as public officials. B. Affordable housing. The escalation of development costs continues to raise the cost of housing which is in turn passed on to consumers. C. Growth should pay for itself, in terms of initial costs and, in the long range, through good design and functional efficiency. In addition, development should pay its proportionate share to upgrade existing systems that benefit everyone. D. The requirement of additional amenities to a development increases cost to the consumer and should be thoroughly evaluated as to the necessity of such amenity,i.e.,bus shelters, pull-outs,trails, etc. E. Conditions of approval requested by referral agencies may be scrutinized by the applicant. The applicant has the right to question the referral and contest the conditions if necessary. F. Implementation of timely submission from referral agencies and applicants is required. The Planning Department needs to establish and adhere to reasonable deadlines for referral and applicant submittals. The application process nerds to be evaluated for ways to make the entire process more efficient and timely. (Weld County Code Ordinance 2002-6) Sec.22-2-90. Benefits of urban development. A. Urban development is the most centralized and,therefore,the most intense land use. More people live in urban centers than live outside urban centers because they appreciate the closeness and convenience of services. Clearly,there are less appealing elements of an urban lifestyle such as traffic congestion, crime and others;but the advantages of convenience, availability of jobs and the social diversity of this lifestyle choice are perceived r benefits. B. An important factor of urban development is the efficient use of land as a resource. Since the density of urban development accommodates more density on each acre, the amount of land relative to the number of people who live on or use the land is an efficient ratio. Locations where urban development can occur should 23 be encouraged to develop as urban. Jurisdictions that can accommodate urban development should employ policies and regulations that facilitate urban development while managing the quality of this development. The County should adopt policies and regulations that promote urban development in the areas where it is appropriate resulting in the most efficient use of land and infrastructure. (Weld County Code Ordinance 2002- 6) Sec. 22-2-100. Urban growth. A. Urban growth boundaries and uses within these areas shall be determined through coordination between the County, the participating municipality and the individual landowner. Efficient development in the area surrounding municipalities requires this type of coordination which is achieved by three(3)methods: the three- mile referral, intergovernmental urban growth boundary agreements and the standard one-half-mile urban growth boundary. When growth at the municipality/County level is not coordinated, problems can occur with incompatible adjacent land uses as the most obvious. B. Efficient and orderly land development and the conservation of agricultural land suggest that urban-type development take place in or adjacent to existing municipalities or where adequate infrastructure is currently available or reasonably obtainable. Urban development adjacent to municipalities is appropriate if urban services can be extended to serve the area. C. The intergovernmental urban growth boundary agreement is a tool for coordinating development at the municipality/County interface. The individual landowners of property within the urban growth boundaries shall be notified of any negotiations and consideration of intergovernmental urban growth boundary agreements. In the spring of 1994, believing that each community should direct its growth, the Board of County Commissioners began contacting each municipality to establish their own tailor-made growth areas. The Board of County Commissioners imparted three(3)criteria to guide the municipalities: 1. Growth should pay for itself, in terms of initial costs and, in the long range,through good design and functional efficiency. 2. Annexation patterns should directly correlate with municipal service areas. 3. When a municipality and the County enter into an urban growth boundary agreement, the County agrees to consider the municipality's vision for future development in the area. Likewise, the municipality agrees to limit its expansion to the defined areas where it plans to provide municipal services. It is understood that urban growth is an ongoing process and urban growth boundary agreements will be subject to revision as needed. D. The County, in accordance with state statutes, refers land use proposals for review and comment to any jurisdiction within three(3) miles of the site of the proposed change. The municipality is given an opportunity to comment, and the comments are considered by the Planning Commission and the Board of County Commissioners when they vote on the proposed land use change. Regardless of any other agreements between a municipality and the County for growth and service areas,the County will continue the thee-mile referrals. E. In the absence of an urban growth boundary agreement, the County recognizes a standard urban growth boundary. This is a one-half-mile perimeter from the existing public sanitary sewer facilities. The perimeter will be modified if it is apparent that physical boundaries prevent the extension of sewer service. Inside the municipal service area boundary,urban-type uses and services are planned and annexation is encouraged. F. The Mixed Use Development areas and urban growth nodes are identified areas of potential urban growth. The Mixed Use Development areas (a specifieally defined geographic area in southwestern Weld County)and urban growth nodes (concentrated urban development located along or adjacent to the intersection of two(2)or more roads in the state highway system,positioned throughout the County)are intended to provide a foundation to enable the County and its citizens to make appropriate decisions regarding future development within a specified areas. Conservation of natural resources, development of quality communities, provision for regional services and employment opportunities, and maintaining fiscal integrity are the key factors driving this type of development plan. The urban development node is defined as: a. A site location of concentrated urban development located along or adjacent to the intersection of two(2)or more roads in the state highway system. 24 b. A major concentration of development that requires appropriate infrastructure, well-designed and managed road access and high visibility. The boundaries of these areas are identified as being located within a one-quarter-mile radius of two(2)or more roads in the state highway system. The development standards in these areas are based upon the impacts which urban development will have on the land form, requiring the application of urban use standards which are located in Chapter 23 of this Code. The urban development nodes are delineated on the Urban Growth Boundaries Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. c. Land use components are delineated on MUD Structural Land Use Map 2.1 & Southeast Weld MUD Structural Land Use Map XX, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2005-01) Sec. 22-2-110. Urban growth boundaries goals and policies. The most recent copy of the Urban Growth Boundary map is on file at the Clerk to the Board's office and the Department of Planning Services. The following goals and policies are established for urban growth boundaries: A. UGB.Goal 1. The County will encourage and assist each municipality in establishing an intergovernmental urban growth boundary agreement. 1. UGB.Policy 1.1. The County recognizes that municipalities can and should plan their own future in terms of the nature and rate of growth. 2. UGB.Policy 1.2. Revise intergovernmental agreements as required by changing conditions. 3. UGB.Policy 1.3. The County encourages each municipality to plan its future in coordination with individual landowners in unincorporated Weld County. The individual landowners of property within the urban growth boundaries shall be notified of any negotiations and consideration of intergovernmental urban growth boundary agreements. B. UGB.Goal 2. Concentrate urban development in or adjacent to existing municipalities, an approved intergovernmental agreement, the I--24 Mixed Use Development areas,urban growth boundary areas, urban development nodes, or where urban infrastructure is currently available or reasonably obtainable. 1. UGB.Policy 2.1. Land use development proposals within an urban growth boundary area will be determined according to the procedure set forth in Chapters 22 and 23 of this Code. 2. UGB.Policy 2.2. Individuals making initial contact with the County regarding land use development should be informed of the policy of directing urban growth to, or adjacent to, municipalities and the I-25 MUD's, or where urban infrastructure is currently available or reasonably obtainable. 3. UGB.Policy 2.3. Until intergovernmental agreements are in place, urban growth boundaries will be defined as a one-half-mile perimeter around the existing public sanitary sewer facilities. C. UGB.Goal 3 The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters affecting efficient development. 1. UGB.Policy 3.1. The County may consider approving a land use development within an urban growth boundary area if all of the following criteria are met: a. UGB.Policy 3.1.1. The adjacent municipality does not consent to annex the land or property in a timely manner or annexation is not legally possible. b. UGB.Policy 3.1.2. The proposed use, including public facility and service impacts, is compatible with this Chapter and with other urban type uses. c. UGB.Policy 3.1.3. The proposed use attempts to be compatible with the adjacent municipality's comprehensive plan. 25 d. UGB.Policy 3.1.4. If public facility or service improvements are required by a development and will not be provided by the adjacent municipality, the developer will pay these costs. A method of reimbursement for these costs will be determined in the land use application review process. The method of reimbursement will depend upon the following information, which the developer shall provide: 1) Identification of all current and future users of the public facilities or services. 2) A proposal to equitably share these costs among users. 3) A tint schedule for apportionment of the charges among users and reimbursements to the developer. D. UGB.Goal 4. Whenever possible, open space within urban development should be connected to existing open space. (Weld County Code Ordinance 2002-6) Sec. 22-2-120. Unincorporated communities. A. The County's rural areas contain a number of small unincorporated residential communities that are surrounded by agricultural districts and agricultural uses. These communities provide housing for those predominantly employed in agricultural and other industries. The communities also serve as small commercial centers for surrounding farm areas. B. Population growth has occurred in these communities despite a lack of community water and/or sewer facilities and their remote locations. These settlements will probably continue to function as rural centers serving the needs of the surrounding rural population. C. Regional services, such as wastewater treatment plants and water treatment facilities, are encouraged to service unincorporated communities. D. Further development in unincorporated communities will be encouraged only when adequate services and infrastructure are currently available or reasonably obtainable. (Weld County Code Ordinance 2002-6) Sec.22-2-130. Unincorporated community goals and policies. A. UC.Goal 1. Assure proper location and operation of compatible land uses by maintaining land use regulations within unincorporated communities. 1. UC.Policy 1.1. Expansion of existing unincorporated communities will be based on the following criteria: a. UC.Policy 1.1.1. Urban growth boundary goals and policies should apply in reviewing land use applications which are adjacent to or propose to expand existing unincorporated communities: b. UC.Policy 1.1.2. Additionally, any goals and policies adopted for a particular type of development will also be used for review and evaluation. For example, the Planned Unit Development goals and policies would also apply when reviewing a Planned Unit Development application adjacent to an unincorporated community. B. UC.Goal 2. Maintain the rural character of these settlements. C. UC.Goal 3. Encourage infill of existing vacant platted lots. D. UC.Goal 4. Promote a quality environment which is free of unsightly materials, including but not limited to,derelict vehicles,refuse and litter. 1. UC.Policy 4.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and noncommercial junkyards. 2. UC.Policy 4.2. Develop programs for the cleanup of derelict property, junk and wends. (Weld County Code Ordinance 2002-6) 26 Sec. 22-2-140. Industrial development. In Industrial Zone Districts, development is typically oriented toward transportation facilities and is located where traffic, noise, air and visual pollution conflicts with residential, commercial and agricultural uses are minimal. It is the County's intent to accommodate industrial development proposals when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, 1-25 Mixed Use Development areas,urban development nodes, or where adequate services are currently available or reasonably obtainable. Land zoned for industrial use is found in almost every municipality in the County. This dispersed pattern allows for local job opportunities. (Weld County Code Ordinance 2002-6) Sec.22.2-150. Industrial development goals and policies. A. I.Goal 1. Conversion of agricultural land to industrial uses will be encouraged when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area or 1-23 Mixed Use Development areas,urban development nodes, or where adequate services are currently available or reasonably obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the A (Agricultural) Zone District and other zone districts that allow urban scale uses. In addition,this goal is expected to minimize the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban scale level. B. I.Goal 2. Encourage the expansion and diversification of the industrial economic base. 1. I.Policy 2.1. Accommodate new industrial development within planned industrial areas. 2. I.Policy 2.2. The applicant shall ensure that adequate services and facilities are currently available or reasonably obtainable. 3. I.Policy 2.3. Applicants for development are responsible to determine the status of a well through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well. The State Division of Water Resources shall be contacted by the applicants. 4. I.Policy 2.4. Promote industrial development that is appropriately located in relation to surrounding land uses and that meets necessary environmental standards. 5. I.Policy 2.5. Proposed industrial development or expansion of existing industrial uses should meet federal, state and local environmental standards. In addition,the criteria for evaluation will include,but not be limited to,the effect the industry would have on: a. The natural environment, including air, water quality, natural drainage ways, soil properties and other physical characteristics of the land. b. The compatibility with surrounding land use in terms of general use, building height, scale, density,traffic,dust and noise. c. The access between public roads and the proposed industrial development or district. The land use applicant will demonstrate, to the satisfaction of the Board of County Commissioners, that the street or highway facilities providing access to the property are adequate in size and quality to meet the requirements of the proposed district or development. Internal road circulation, off-street parking, acceleration lanes, deceleration lanes, common access collection points, signalization and other traffic improvements should be required wherever necessary to mitigate traffic impacts caused by the development. d. Encourage development that is sensitive to natural patterns and suitability of the land. e. Visual and sound barrier landscaping should be required to screen open storage areas from residential uses or public roads. C. I.Goal 3. Achieve a well-balanced, diversified industrial sector in order to provide a stable tax base and r` to provide a variety of job opportunities for County citizens. 1. I.Policy 3.1. An application for industrial development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and industrial goals and policies. 27 2. I.Policy 3.2. A good working relationship between the public and private sectors is an asset. The County should continue its support of organizations which foster this economic development. D. I.Goal 4. All new industrial development should pay its own way. 1. I.Policy 4.1. Provide mechanisms whereby new development pays for the additional costs associated with those services demanded by new growth. These services may include, but are not limited to, law enforcement and fire protection, school site acquisition, increased road maintenance, road construction or expansion, emergency services, the extension of utilities and the increased demand or need for open space and other services provided by local governments. 2. I.Policy 4.2. The applicant has the option to provide an evaluation, which would include indirect benefits such as sales and use taxes generated by residents; construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy;and other indirect benefits. E. I.Goal S. An application for industrial development within or adjoining an unincorporated conurnmity should be reviewed in accordance with the unincorporated community and industrial goals and policies; an application for industrial development within an area designated for agricultural use and located outside of an area as an urban growth boundary area should be reviewed in accordance with the agricultural and industrial goals and policies. F. I.Goal 6. The extraction of minerals and oil and gas resources should preserve the land and minimize the impact on industrial land uses. G. I.Goal 7. Promote a quality environment which is free of unsightly materials, including but not limited to, derelict vehicles,refuse and litter. 1. I.Policy 7.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to, derelict structures,derelict vehicles and noncommercial junkyards. 2. I.Policy 7.2. Develop programs for cleanup of derelict property, junk and weeds. (Weld County Code Ordinance 2002-6) Sec. 22-2-160. Commercial development. Commercial zone development is characterized by intense areas for retail, offices, services and other uses that are primarily located along major roadways, at major intersections and in commercial parks designed to acconunodate these uses. Large areas of pavement for roadways, plazas and parking lots accompany these uses. An approved intergovernmental agreement area, urban growth boundary area, 1-25 Mixed Use Development areas and urban development nodes, or where adequate services are currently available or reasonably obtainable, are the areas intended to accommodate commercial zoned development. For example, the 1-25 Mixed Use Development areas has have been the focus of capital improvements and services, primarily through the creation of special districts. (Weld County Code Ordinance 2002-6) Sec. 22-2-170. Commercial development goals and policies. A. C.Goal 1. Urban commercial uses will be encouraged when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, 1-23 Mixed Use Development AREA areas or urban development nodes,or where adequate services are currently available or reasonably obtainable. 1. C.Policy 1.1. Minimize the incompatibilities that occur between uses in the A (Agricultural) Zone District and other zoned districts that allow urban uses. 2. C.Policy 1.2. Minimize the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban scale. B. C.Goal 2. Encourage the expansion and diversification of the commercial economic base. -� 1. C.Policy 2.1. New commercial development should either be located in areas free of natural hazards, such as wildlife, geologic hazards, floods and high winds, or be designed to mitigate the hazards. 28 C. C.Goal 3. Address the compatibility of commercial land uses with adjacent land uses. I. C.Policy 3.1. Applications for commercial development should be reviewed according to all applicable goals and policies contained in this Chapter and Chapters 23, 24,26 and 27. 2. C.Policy 3.2. New commercial development should demonstrate compatibility with existing surrounding land use in terms of general use,building height, scale,density,traffic,dust and noise. 3. C.Policy 3.3. Neighborhood commercial uses will be allowed in residential areas. These commercial uses will consist only of neighborhood-oriented businesses. Commercial uses that service a greater area than the neighborhood and create undesirable impact, such as increased vehicular traffic, are not considered appropriate in residential neighborhoods. D. C.Goal 4. A good working relationship between the public and private sectors is an asset. The County should continue its support of organizations which foster this economic development. E. C.Goal 5. The applicant shall ensure that adequate commercial levels of services and facilities are currently available or reasonably obtainable to serve the commercial development or district. 1. C.Policy 5.1. The land use application will demonstrate, to the satisfaction of the Board of County Commissioners,that the street or highway facilities providing access to the property are adequate to meet the requirements of the proposed district or development. 2. C.Policy 5.2. Applicants for development are responsible to determine the status of a water well through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well. The State Division of Water Resources shall be contacted by the applicant. 3. C.Policy 5.3. Applicants for development shall fully disclose the quantity currently available or reasonably obtainable and source of domestic and nondomestic water to service the proposed development during the land use application process. F. C.Goal 6. Recognize the impact of new development on the natural environment and develop measures to mitigate these impacts. 1. C.Policy 6.1. Encourage designs that preserve desirable natural features,conserve or create favorable space for wildlife and minimize pollution. 2. C.Policy 6.2. Promote efficient utilization of water resources. G. C.Goal 7. Encourage the infill of existing commercial developments and provide an environment which supports growth for existing business. H. C.Goal 8. All new commercial development should pay its own way. 1. C.Policy 8.1. Provide mechanisms whereby new development pays for the additional costs associated with those services demanded by new growth. These services may include but are not limited to law enforcement and fire protection,school site acquisition,increased road maintenance,road construction or expansion, emergency services, the extension of utilities and the increased demand or need for open space and other services provided by local governments. 2. C.Policy 8.2. The applicant has the option to provide an evaluation, which would include indirect benefits, such as sales and use taxes generated by residents; construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy; and other indirect benefits. I. C.Goal 9. The extraction of minerals and oil and gas resources should conserve and minimize the impact on the land. 1. C.Policy 9.1. The County encourages oil and gas drilling activities to be coordinated with seasonal production schedules. 2. C.Policy 9.2. When feasible, existing service roads should be utilized to provide access for oil and gas activities. 29 J. C.Goal 10. Promote a quality environment which is free of unsightly materials, including but not limited to, derelict vehicles,refuse and litter. 1. C.Policy 10.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to, derelict structures,derelict vehicles and noncommercial junkyards. 2. C.Policy 10.2. Develop programs for cleanup of derelict property, junk and weeds. (Weld County Code Ordinance 2002-6) Sec. 22-2-180. Residential development. A. The intent is to establish residential areas, which reflect affordability and lifestyle choices, that include dwelling unit type, density, environmental setting and convenience levels. B. Thorough examination of issues such as compatibility with surrounding and regional land uses, availability and adequacy of infrastructure and services serving the proposal, impacts on the natural environment, and other issues shall occur in the review of all residential developments. C. Residential development occurs in the R (Residential) Zone District, the E (Estate) Zone District, the PUD (Planned Unit Development)Zone District or the A(Agricultural)Zone District. These different districts are specifically described in Chapters 24 and 27 of this Code. D. Supporting utilities and public services and related facilities are essential to any residential development. Recognition of this has led the public sector to require that residential development be accompanied by provisions for adequate facilities and services. The fiscal constraints upon the County government will not permit indiscriminate development without regard for how such services and facilities will be provided. E. The R (Residential) Zone Districts, R-1, R-2, R-3, R-4 and R-5 vary in intensity and density, but are generally urban developments of single-family lots, multi-family lots or sites for mobile homes. It is important that these types of residential developments are located inside municipal boundaries, in urban growth boundaries or nodes, the 1-25 Mixed Use Development areas or other areas where adequate services and infrastructure are currently available or reasonably obtainable. F. Estate-zoned developments are more rural and are characterized by larger lots, limited urban amenities, limited livestock and/or other nonurban components. These types of residential developments are generally located in areas at the outskirts of municipal boundaries or between towns, and rust be planned in relation to the infrastructure currently available or reasonably obtainable and compatibility of land uses. G. Planned Unit Development zoned residential developments may include the above-mentioned R (Residential) Zone Districts or the E (Estate) Zone District, or may be part of a master planned, Mixed Use Development areas. See Section 22-2-210 and Chapter 27 for further information regarding Planned Unit Development. H. Residential development on agricultural zoned land is provided to aid in the continuation of agricultural production and/or to accommodate low intensity development. (Weld County Code Ordinance 2002-6) Sec. 22-2-190. Residential development goals and policies. A. R.Goal 1. Ensure that adequate public services and facilities are currently available or reasonably obtainable to serve the residential development or district. 1. R.Policy 1.1. The land use applicant will demonstrate to the Board of County Commissioners that adequate sanitary sewage and public water systems are currently available or reasonably obtainable to all residential development, and that the street or highway facilities providing access to the property are adequate in width, classification and structural capacity to meet the requirements of the proposed district or development. Access between public roads and the proposed residential development or district should be granted only after consideration is given to the land uses and traffic patterns in the area of development and the specific site. Internal road circulation, off-street parking, acceleration and deceleration lanes, common access collection points, signalization and traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the development. 30 2. R.Policy 1.2. Applications for residential development should be reviewed in accordance with all ^' applicable policies and goals contained in this Chapter. 3. R.Policy 7.3. Applicants for development are responsible to determine the status of a water well through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well. The State Division of Water Resources shall be contacted by the applicant. B. R.Goal 2. Promote efficient and cost-effective delivery of public facilities and services to residential development or districts. 1. R.Policy 2.1. The County should encourage a compact form of urban development by directing residential growth to urban growth boundary areas and to those areas where urban services are currently available or reasonably obtainable before committing alternate areas to residential use. 2. R.Policy 2.2. All residential development proposals should be reviewed in accordance with all state and federal standards, including but not limited to the requirements of the Clean Water and Clean Air Acts. 3. R.Policy 2.3. New residential development should demonstrate compatibility with existing surrounding land use in terms of general use,building height, scale,density,traffic,dust and noise. 4. R.Policy 2.4. Conservation of natural site features such as topography, vegetation and water courses should be considered in the project design. C. R.Goal 3. Urban residential uses will be encouraged when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, 1-23 Mixed Use Development areas or urban growth nodes,or where adequate infrastructure and services are currently available or reasonably obtainable. 1. R.Policy 3.1. The County should encourage an efficient form of urban residential development by directing urban residential growth to those areas where urban services and infrastructure are currently available or reasonably obtainable. 2. R.Policy 3.2. Urban commercial and industrial development will be encouraged when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, 1-23 Mixed Use Development areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. This policy is intended to support urban residential uses. D. R.Goal 4. Conversion of agricultural land to E (Estate) Zone residential uses may be accommodated when the subject site is in an area that can support such development. 1. R.Policy 4.1. Regional compatibility will be considered when E (Estate) Zone residential uses are proposed. 2. R.Policy 4.2. The size and density of E(Estate)Zone residential development shall be determined by the infrastructure and services that are currently available or reasonably obtainable. E. R.Goal 5. Provide mechanisms for the division of land zoned A (Agricultural) to accommodate low- intensity development. 1. R.Policy 5.1. Employ planning techniques such as exemptions,clustering, easements, etc.,to allow a portion of a parcel to be developed into residential lots while retaining tracts that can continue to be used as agricultural lands or other low intensity developments. F. R.Goal 6. Promote the development of affordable, quality housing for County residents. 1. R.Policy 6.1. Opportunities for housing developments including,but not limited to, multi-family and manufactured homes, should be provided to encourage lower cost renter or owner occupied housing, or employee housing. 2. R.Policy 6.2. Affordable housing developments should be located within a reasonable distance of employment, community centers, parks, shopping areas and schools, or where transportation services can be provided to enable access to these areas. 31 3. R.Policy 6.3. Establish processes to provide for appropriate housing suitable for multi-generational or caretaker quarters. 4. R.Policy 6.4. The County will consider proposals which provide affordable housing which include, but are not limited to,higher density,reduced amenities and reduction in open space requirements. G. R.Goal 7. The compatibility between new residential development and existing surrounding land uses will be considered. 1. R.Policy 7.1. Mitigation techniques should be considered to address incompatibility issues. H. R.Goal 8. All new residential development should pay its own way. 1. R.Policy 8.1. Provide mechanisms whereby new development pays for the costs of infrastructure directly related to the development. 2. R.Policy 8.2. The applicant has the option to provide an evaluation, which would include indirect benefits such as sales and use taxes generated by residents; construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy; and other indirect benefits. I. R.Goal 9. Encourage creative and innovative approaches to address present and future federal and state guidelines regarding: 1. Senior housing opportunities. 2. Affordable housing opportunities. 3. Special needs housing opportunities. J. R.Goal 10. The extraction of minerals and oil or gas resources should conserve the land and minimize the impacts on residential development. K. R.Goal 11. Promote a quality environment which is free of unsightly materials, including but not limited to,derelict vehicles,refuse and litter. 1. R.Policy 11.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures, derelict vehicles and noncommercial junkyards. 2. R.Policy 11.2. Develop programs for cleanup of derelict property,junk and weeds. (Weld County Code Ordinance 2002-6) Sec.22-2-200. Planned Unit Development. A. The Planned Unit Development (PUD), found in Chapter 27 of this Code, is intended as an alternative means for development by allowing a departure from the standard land use regulations. A planned unit development is a method used to review the subdivision as a unified and integrated development. The Planned Unit Development process shall not be used to circumvent or distort the goals, policies or requirements of this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code. The objective of the Planned Unit Development is to encourage flexibility and variety in development. B. Planned Unit Developments can benefit County citizens by promoting more efficient use of land, greater provision of open space and improved aesthetics. The basic objectives of the Planned Unit Development are to incorporate the best features of modern and integrated design which encourages innovation, flexibility, variety and the efficient use of land while being compatible with current regulations and the objectives of zoning laws. A Planned Unit Development must provide for necessary services and amenities, and should seek to preserve or enhance a site's unique natural, as well as scenic characteristics, and minimize the impact on transportation facilities. To this end, the Planned Unit Development is considered the preferred method of development, particularly for Mixed Use Developments areas. (Weld County Code Ordinance 2002-6) 32 Sec.22-2-210. Planned Unit Development goals and policies. A. PUD.Goal 1. In an effort to promote the Planned Unit Development process for development review, r- the County will cooperate with the development applicant to achieve the objectives of the applicant while ensuring the proposal meets all health and safety needs; meets the intent of the zone district(s) applicable to the land use proposed; meets the intent of the goals expressed in this section; and conforms to the Comprehensive Plan. B. PUD.Goal 2. Conversion of agricultural land to urban residential commercial and industrial uses will be encouraged when the subject site is located inside of an approved intergovernmental agreement area, urban growth boundary area, I 25 Mixed Use Development AREA areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the A (Agricultural) Zone District and other zone districts that allow urban uses. In addition, this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public service in rural areas for uses that require services on an urban scale. C. PUD.Goal 3. Maintain land use regulations that allow County officials to review development proposals which may combine Uses By Right in two (2) or more zone districts, or which in some manner qualify as a Planned Unit Development according to the definition set forth in Section 24-1-40 of this Code. 1. PUD.Policy 3.1. An application for a Planned Unit Development within an urban growth boundary area should be reviewed in accordance with the urban growth boundary and Planned Unit Development goals and policies. 2. PUD.Policy 3.2. An application for a Planned Unit Development within or adjoining an unincorporated community should be reviewed in accordance with the unincorporated community and Planned Unit Development goals and policies. 3. PUD.Policy 3.3. An application for a Planned Unit Development in areas designated for agricultural use should be reviewed in accordance with the Agricultural and Planned Unit Development goals and policies. D. PUD.Goal 4. Encourage creative approaches to land development which will result in environments of distinct identity and character. 1. PUD.Policy 4.1. Flexible design elements of a Planned Unit Development should consider compatibility with existing and planned uses on adjacent properties and within the Planned Unit Development. Design elements to be considered include,but are not limited to, general use, scale, density, architecture, distance between buildings, building setbacks, building height, street design, traffic impacts, off-street parking,open space, privacy, signage,screening and landscaping. 2. PUD.Policy 4.2. A Planned Unit Development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation. Some Planned Unit Developments may not require common open space depending on their type,density,or other factors. 3. PUD.Policy 4.3. Conservation of natural site features such as topography, vegetation and water courses should be considered in the project design. E. PUD.Goal 5. Demonstrate that adequate facilities and public services are currently available or reasonably obtainable to serve the Planned Unit Development or zone district. 1. PUD.Policy 5.1. Creative and innovative approaches to obtaining adequate facilities and public services will be considered. 2. PUD.Policy 5.2. All new development should address the transportation section of this chapter. Access to properties should preserve the existing or future function of roads and highways affected by the proposed development. All development circulation systems should be designed so that they do not disrupt highway travel. The traffic impact to the public road system of the proposed development shall conform to the standards established by the Department of Public Works and the Colorado Department of 33 Transportation. Dedication and improvement of roads and frontage roads may be required as a condition of development. 3. PUD.Policy 5.3. Creative and innovative approaches to internal mad systems will be considered. F. PUD.Goal 6. Promote efficient and cost-effective delivery of facilities and public services in the Planned Unit Development or district. 1. PUD.Policy 6.1. The development should provide for perpetual maintenance of all commonly shared land and facilities. The County should not bear the expense or responsibility of maintenance for any commonly shared land or facilities within the Planned Unit Development. G. PUD.Goal 7. All new Planned Unit Development should pay its own way. 1. PUD.Policy 7.1. Provide mechanisms whereby a new Planned Unit Development pays for the costs of infrastructure directly related to the development. 2. PUD.Policy 7.2. The applicant has the option to provide an evaluation, which would include indirect benefits such as sales and use taxes generated by residents; construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy; and other indirect benefits. H. PUD.Goal 8. The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on Planned Unit Developments. I. PUD.Goal 9. Promote a quality environment which is free of unsightly materials, including but not limited to,derelict vehicles,refuse and litter. 1. PUD.Policy 9.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and noncommercial junkyards. 2. PUD.Policy 9.2. Develop programs for cleanup of derelict property,junk and weeds. (Weld County Code Ordinance 2002-6) Sec. 22-2-220. I 25 Mixed Use Development areas and urban development nodes. A. The Mixed Use Development areas Plan (MUD) and urban growth nodes are intended to provide a foundation to enable the County and its citizens to make appropriate decisions regarding future development within a specified area. Conservation of natural resources, development of quality communities, provision for regional services and employment opportunities, and maintaining fiscal integrity are the key factors driving this type of development plan. Mixed Use Development Plan land use principals, such as the I-25 MUD and urban growth nodes, are based on five (5) central ideas and include: 1) employment center development; 2) interconnection of community; 3)consistent land use standards; 4)appropriate zoning mixture; and 5)a planned transportation network. B. The land uses delineated in the I-25 Mixed Use Development 2.1 Land Use Map and Southeast Weld County Structural Land Use Map XX Struetural Land Use Map 2.1, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, promotes appropriate levels of facilities and services for the entire Mixed Use Development areas. These components are defined in Chapter 26, Article II Section 26-2-20.C. of this Code. (Weld County Code Ordinance 2002-6) C. Today, the MUD areas are is at the center of existing and anticipated growth from the Denver Metro area. tho growing m unieipalitios in the southwest region of the County. These commercial nodes will be play an-important activity centers for much of the Front Range. Defining and shaping communities within the MUD areas not only opens the door for more functional regional activity,but will improve the sense of place for local residents and business owners. The following goals and policies are intended to result in enhanced community form and structure throughout within the MUD areas. 34 Sec. 22-2-230. General MUD Goals and Policies MUD Coals and politics. Cenerie ISSUES A. MUD.Goal 1. To plan and to manage growth and to provide for ease of inclusion in the 1-25-Mixed Use Development areas and urban development nodes so as to balance relevant fiscal, environmental, aesthetic and economic components of the area. 1. MUD.Policy 1.1. An I 25 Mixed Use Development areas and urban development nodes should be established and delineated on the Structural Land Use Map. B. MUD.Goal 2. To assure a well-integrated, balanced transportation system which meets the public need with maximum efficiency, comfort, safety and economy. 1. MUD.Policy 2.1. All proposals for commercial, industrial and residential development within the Mixed Use Development areas and urban development node overlay district should use the Planned Unit Development application process and regulations. The Planned Unit Development process will allow developers flexibility and variety needed to offer a range of products, services and uses. It will also give the developer an opportunity to explain the development plans to surrounding land owners and the County so that important information about land use compatibility and services,facilities or utilities needed to serve the proposal are determined to be adequate. C. MUD.Goal 3. To provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety and welfare of the present and future residents of the County and the area. 1. MUD.Policy 3.1. New development should avoid adverse impacts to surface and ground water quality and should implement techniques to conserve such resources. All Planned Unit Developments within the Mixed Use Development areas or urban development nodes shall use the sanitary sewage disposal facilities provided by the appropriate sanitation districts. Planned Unit Development water supply systems should be provided by a rural water district,company, association or municipality. D. MUD.Goal 4. Facilities and infrastructure which are included in this area should be evaluated in order to .� minimize discrepancies, promote a better understanding of growth dynamics in the area, avoid duplication of services, provide economies of scale and ensure coordination of municipal, county, regional, state and other growth policies and programs. 1. MUD.Policy 4.1. New development should consider compatibility with existing surrounding land use in terms of general use,building height, scale,density,traffic,dust and noise. E. MUD.Goal 5. All new development in the Mixed Use Development areas and urban development nodes should pay its own way. 1. MUD.Policy 5.1. Provides mechanisms whereby new development pays for the costs of infrastructure directly related to the development. 2. MUD.Policy 5.2. The applicant has the option to provide an evaluation, which would include indirect benefits such as sales and use taxes generated by residents; construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy; and other indirect benefits. F. MUD.Goal 6. The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on Planned Unit Developments. G. MUD.Goal 7. Promote a quality environment which is free of unsightly materials, including but not limited to, derelict vehicles,refuse and litter. 1. MUD.Policy 7.1. Property owners should demonstrate responsibility of ownership by minimising safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and noncommercial junkyards. 2. MUD.Policy 7.2. Develop programs for cleanup of derelict property,junk and weeds. (Weld County Code Ordinance 2002-6) 35 Sec 22-2-240 I-25 MUD Goals and Policies A. I/25.MUD.Goal 1. Establish a sense of community identity within the I-25 Mixed Use Development area by planning and managing residential, commercial, industrial, environmental, aesthetic and economic components of the area. 1. 1/25.MUD.C.Policy 1.1. The MUD areas shall be delineated on the 1-25 MUD Structural Land Use Map 2.1, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. 2. 1/25.MUD.C.Policy 1.2. Development within the MUD areas shall adhere to the I-25 Structural Land Use Map 2.1, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services,to direct future zoning and land use decisions. B. I-25.MUD.Goal 2. New development shall occur in a manner that assures an attractive working and living environment. 1. It25.MUD.Policy 2.1. New development shall be encouraged to use innovative siting and design techniques to cultivate an attractive visual appearance within the MUD areas and preserve prime visual features such as the Front Range and the. St Vrain River. 2. I/25.MUD.Policy 2.2. Landscaping shall be designed to promote attractive development. Landscaping requirements shall be determined for the perimeter of the development by reviewing the density of the proposed land use development. Landscaping shall be designed to protect and preserve the appearance and character of the surrounding area. 3. I/25.MUD.Policy 2.3. Residential development shall be encouraged to occur in clustered neighborhood units with a variety of densities ranging from single-family developments of less than one (1)unit per acre to multi-family developments with much higher densities. 4. 1/25.MUD.Policy 2.4. Adequate pedestrian passageways between and within developments and neighborhoods shall be encouraged. 5. I/25.MUD.Policy 2.5. Sign regulations shall be strictly enforced within the I-25 MUD areas as outlined and defined in Section 23-4-70 of the Weld County Code the MUD Development Standards. Signs shall be compatible with the surrounding environment, have a low profile and be shared when possible. 6. I/25.MUD.Policy 2.6. New development shall be characterized by quality architectural design. Design features shall include: landscaping plans for the entire development, efficient on-site traffic circulation plans with a minimal number of access points to state and county roads, low profile advertising signs and sensitive facade treatment. 7. 1/25.MUD.Policy 2.7. New development shall be designed to complement the natural environment and exhibit a "campus-like" atmosphere. 8. 1/25.MUD.Policy 2.8. Development shall be required to preserve a portion of the site as common open space as outlined and defined in the MUD Development Standards. 9. I/25.MUD.C.Policy 2.9. Existing salvage yards and uses with open storage areas shall be encouraged to visually screen and buffer the storage areas from adjacent properties zoned R-1, R-2, R-3, R-4, R-5,C-1, C-2 or I-1 in accordance with Section 23-3-240 C.4 of this Code. New junkyards, salvage yards, landfills and uses with open storage areas shall be encouraged to locate in areas where they can be visually screened and can conform to health and safety regulations. 10.I/25.MUD.Policy 2.10. New developments, including major public utility facilities, shall mitigate adverse visual impacts caused by outside storage, building scale, disturbed native vegetation and other such activities by screening and/or buffering. 11.I/25.MUD.Policy 2.11. Density in the MUD areas shall be governed by a Maximum Lot Coverage Standard which correlates buildable lot sizes with open space allocations. 36 12.I/25.MUD.Policy 2.12. New development designs shall discourage continuous solid fencing adjacent to streets. C. I/25.MUD.3 Goal 3. Community form and identity shall be encouraged through the enhancement and preservation of natural resources and features. 1. I25.MUD.Policy 3.1. All new development shall comply with Section 22-5-80 of this Code. This includes locations determined to contain commercial mineral deposits and mineral extraction operations and reclamation plans. 2. 1/25.MUD.Policy 3.2. New development shall preserve identified aquifer recharge areas. Where feasible,drainageways shall be maintained in their natural state to ensure optimal re-charge. 3. 125.MUD.Policy 3.3. New development shall minimize impacts to air quality. 4. I/25.MUD.Policy 3.4. Fugitive dust shall be controlled by practices acceptable to the Department of Public Health and Environment and any other relevant agencies. 5. I/25.MUD.Policy 3.5. Disturbed areas shall be revegetated immediately following construction. In order to minimize wind and soil erosion, temporary stabilization measures shall be established on all such areas. 6. I/25.MUD.Policy 3.6. New development shall be encouraged to select native species for revegetation. 7. I/25.MUD.Policy 3.7. State park and recreational areas shall not be adversely impacted by new development. D. 1/25.MUD.Goal 4. The coordination of municipal, county, regional and state growth policies and programs which includes the MUD areas shall be evaluated in order to minimize discrepancies, promote a better understanding of growth dynamics in the area, avoid duplication of services and provide economies of scale. 1. 1/25.MUD.Policy 4.1. New development shall demonstrate compatibility with existing surrounding land use in terms of general use,building height, scale,density,traffic, dust and noise. 2. I/25.MUD.Policy 4.2. All proposals for development within the MUD areas,with the exception of those developments specifically called out and excluded in the MUD Policy Document, shall use the Planned Unit Development (PUD) application process and regulations. The mud process will allow developers flexibility and variety needed to offer a range of products, services and uses. It will also give the developer an opportunity to explain the development to surrounding landowners and the County so that important information concerning land use compatibility and needed services, facilities or utilities to serve the proposal are determined to be adequate. (Weld County Codification Ordinance 2000-1) See. 26 1 60. Public facilities and services. I 25 MUD Section 22-2-250 I-25 MUD Public facilities & Services Goals and Policies A. Due to the expense and limited available funding, proper and efficient allocation of public facilities and services is important. Since the adoption of the Home Rule Charter, rising County expenditures have created substantial public interest in how to cut cost and increase efficiency of providing public services and facilities. Revenue to support public services and facilities in unincorporated Weld County is usually generated by levying property taxes and user fees. B. The goals and policies in this Section are intended to increase the effective and efficient delivery of public services and facilities within the I-25 MUD areas. It is the intent of these policies and goals to ensure that appropriate public facilities and services are available for developments in the I-25 MUD areas. C. 1/25.MUD.P.Goal 1. Provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety and general welfare of the present and future residents of the area. 37 1. I/25.MUD.P.Policy 1.1. Consolidation of internal County facilities or services shall be encouraged to avoid duplication of costs and promote efficiency. 2. I/25.MUD.P.Policy 1.2. Development that requires urban services and facilities shall be encouraged to locate within a municipality, urban growth boundary area or an area that can adequately provide infrastructure needs. 3. I25.MUD.P.Policy 1.3. New development shall avoid adverse impacts to surface and groundwater quality and shall implement techniques to conserve such resources. All PUDs within the I- 25 MUD area shall use the sanitary sewage disposal facilities provided by St Vrain Sanitation District. All PUD water supply systems shall be provided by a rural water district, company, association or municipality. 4. I/25.MUD.P.Policy 1.4. Provide for coordination of solid waste collection services, to include establishment of service standards, approved fee schedules and recycling requirements. D. 1/25.MUD.P.Goal 2. Provide adequate public safety facilities, such as satellite stations for police, fire and ambulance and encourage the siting of co-located facilities and equipment. 1. I/25.MUD.P.Policy 2.1. Public safety facilities shall be provided to meet required standards of response times and public safety, maintaining the same level of service that exists throughout the districts. 2. 1/25.MUD.P.Policy 2.2. The County law enforcement agencies shall focus on interaction with the public. This focus should facilitate a community-based approach to public safety such as educational programs,neighborhood watch programs and community involvement programs. E. 1/25.MUD.P.Goal 3. Provide land for adequate school facilities conveniently placed central to residential neighborhoods and provide financial assistance to ensure the construction and use of the facilities in a timely manner. F. I/25.MUD.P.Goal 4. New development shall provide a mechanism for funding public facility and service expansion and community facilities based on the demand created by the development. 1. I/25.MUD.P.Policy 4.1. New development should comply with Section 22-3-10 of this Code. New development that results in excessive public costs while producing insufficient public revenues should be discouraged unless such development provides adequate guarantees through planning and coordination that public facilities and services are effectively installed,operated and maintained. 2. I25.MUD.P.Policy 4.2. If it is determined that public facility or service improvements or maintenance are required for or caused by the development, the developer will be required to pay for the cost of the public facility and service improvement and maintenance. The methodology for compensation shall be determined during the land use application review process. The developer shall submit the following at the PUD sketch plan phase of the development: 1) Information which accurately identifies all users of the infrastructure improvements and maintenance; 2) A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; and 3) A proposal that identifies an appropriate time schedule for infrastructure improvements and maintenance. This information will be reviewed by the Board of County Commissioners in determining an equitable means of distributing infrastructure costs among the County at large,direct users and the developer. 3. I/25.MUD.P.Policy 4.3. All applications shall be referred to the applicable school district for review and recommendation regarding school district requirements. 4. I/25.MUD.P.Policy 4.4. Development will be encouraged to pay its proportional share of the local costs of infrastructure improvements within the MUD areas. This includes ongoing operating and 38 maintenance costs required to service such development and any associated impacts resulting from the development. (Weld County Codification Ordinance 2000-1) r Sec. 22 X XX.Transportation and circulation. Section 22-2-260 I-25 Transportation& Circulation Goals and Policies A. Local residents, commuters, travelers and business owners are dependent on major transportation corridors to access needed commercial and retail services within the I25 MUD areas. The physical aspects of the circulation system in the MUD areas shall be encouraged to foster travel between residential neighborhoods and the employment, regional and neighborhood centers. These roadways should also be planned to reinforce the boundaries of the MUD area and give a sense of orientation while traveling. B. The goals and policies in this Section are intended to foster a more efficient transportation network, provide for the safe and efficient movement of people and goods, and promote a wide variety of transportation options in the 1-25 MUD areas. C. 1/25.MUD.T.Goal 1. To provide a well-integrated, balanced transportation system that considers all modes of travel and meets the public need for mobility, comfort and safety with maximum efficiency and economy within the MUD areas. 1. 1/25.MUD.T.Policy 1.1. The County will plan and maintain a transportation system in the I-25 MUD areas that unifies and coincides with state and other county, city and community transportation systems within and surrounding the 1-25 MUD areas. 2. I/25.MUD.T.Policy 1.2. All new development shall comply with Sections 22-3-60 through 22-3- 190 of this Code. Access to properties shall preserve the existing and future function of roads and highways affected by the proposed development. All development circulation systems shall be designated so that they do not disrupt highway travel. Traffic to be generated by the proposed development must conform to the recommendations and requirements of the Department of Public Works and the Colorado Department of Transportation. Dedication and improvements of roads and frontage roads may be required as conditions of development. D. U25.MUD.T.Goal 2. Promote a pedestrian trail system to service transportation and recreation purposes within the I-25 MUD areas. E. U25.MUD.T.Goal 3. New development within the I-25 MUD areas shall provide a mechanism for balancing relevant fiscal and economic components of transportation systems. 1. 1/25.MUD.T.Policy 3.1. Require all PUDs to prepare a traffic impact analysis as outlined in the MUD Development Standards to determine project plus cumulative development impacts created by the PUD and determine appropriate project mitigation. 2. 1/25.MUD.T.Policy 3.2. Establish a development fee program to collect a fair share dollars-per- trip contribution for constructing short- and long-term circulation improvements. 3. 1/25.MUD.T.Policy 3.3. The County will require improvement of roads, streets or highway facilities when dictated by traffic demand and land development patterns in the MUD areas. F. I25.MUD.T.Goa14. As development occurs,the feasibility of a public transit system shall examined in the MUD areas. (Weld County Codification Ordinance 2000-1) Sec. 22-2-270.Southeast Weld MUD Area Goals & Policies The Southeast Weld MUD is intended to be a self-sustaining community with the characteristics of a historical town pattern similar to communities that developed over time in the Northern Front r Range. The following goals and policies are designed to allow for the efficient, economical, and logical development of this Mixed Use Development area. 39 A. SE.MUD.Goal.1 The active agricultural plan is designed to protect and preserve prime,irrigated agricultural land with a consistent and reliable supply of water. The objective to increase water efficiencies that will expand the crop base. 1. SE.MUD.Policy 1.1. New services to area must be capable of augmenting water for downstream agriculture. B. SE.MUD.Goal 2. Minimize incompatibilities between agricultural use and urban use due to the location of the prime agricultural lands in relation to existing floodplains and the proposed land use designations adjacent to active agricultural areas. 1. SE.MUD.Policy 2.1. Use existing service providers and metropolitan districts, both existing and proposed,to provide in a timely manner the services needed to meet the phased needs of the MUD. C. SE.MUD.Goal 3.County water, sewer and roads must be reasonably obtainable. Other services such as police, fire, community based infrastructure and schools must also be addressed. 1. SE.MUD.Policy 3.1. Physical connectivity of open space,including visual access to agricultural land uses, will be provided in a manner consistent with the goals and objectives discussed in this section. D. SE.MUD.Goal 4 Development of the Southeast Weld MUD shall occur in a manner that assures an attractive working and living environment and establishes a sense of community identity by planning and managing residential, commercial,environmental, aesthetic and economic components in coordination with Hudson and Keenesburg. The growth associated with the Southeast Weld MUD will promote product and service demands to be met in part by the existing towns of Hudson and Keenesburg. The addition of housing in the vicinity will enhance the marketability of the area as an employment center. Appropriate scaled neighborhood-oriented commercial uses will be encouraged in the MUD,to provide convenient retail opportunities for neighborhoods. 1. SE.MUD.Policy 4.1. Commercial land uses will be integrated within the SE.MUD and consistent with Chapters 23, 26,and 27 of the Weld County Code. 2. SE,MUD.Policy 4.2. The development of the Southeast Weld MUD must encourage infill of existing commercial centers and support the growth of existing business in Keenesburg and Hudson. 3. SE.MUD.Policy 4.3. Road and utility improvements must be provided to assure appropriate service to existing commercial development in the existing towns. Residential development within the Southeast Weld MUD will create the new demands for expanded and new retail and commercial uses not only within the MUD, for neighborhood-based services,but in the existing commercial cores of Hudson and Keenesburg. E. SE.MUD.Goal: 6 .Development impacts must be minimized by preserving the natural state of the Box Elder Creek floodplain to the extent practicable and by promoting the efficient utilization of water resources through clustering development. 1. SE.MUD.Policy 6.1. Development within the MUD shall be encouraged to use innovative design techniques to provide an attractive visual appearance and preserve prime visual features such as the view preservation of the Front Range and the Box Elder floodplain. Sense of place and MUD standards are discussed in Chapter 26. F. SE.MUD Goal 7. Improvements to the internal transportation network of the MUD nest properly utilize any planned expansions of WCR 49 and WCR22. G. SE.MUD.Goal 8. The MUD shall be cohesive, identifiable, and diverse while retaining the current agrarian character for residents in the area. The history of the area should be considered as well as the style and character of existing,nearby developments. Over 50%of the Southeast Weld MUD area must be open space consisting of passive, public use parks and agricultural preservation area. With the large setbacks 40 between agricultural land use and other urban uses in place due to the floodplain,the MUD must ensure compatibility between uses. 1. SE.MUD.Policy 8.1. The residential elements within the MUD shall be designed and managed to concentrate specific areas or clusters to ensure diversity and affordability H. SE.MUD.Goal 9. Good design and community covenants shall control the appeararre of the development 1. SE.MUD. Policy 9.1: A central water system will provide water service to the residents and businesses through a proposed metropolitan district. The system will be a community water system approved by the Colorado Department of Public Health and Environment and must be operated in accordance with the Colorado Primary Drinking Water Regulations to assure the safety of the public drinking water supply. 2. SE.MUD. Policy 9.2. New development shall preserve identified aquifer re-charge areas. 3. SE.MUD.Policy 9.3.Where feasible, drainage ways shall be maintained in their natural state to ensure natural re-charge Sec.22 X XX.Public facilities and serviecs. Sec.22 X XX.Transportation and circulation. Section 22-2-280 Southeast Weld Public facilities and services Goals and Policies A. Due to the expense and limited available funding, proper and efficient allocation of public facilities and services is important. Since the adoption of the Home Rule Charter, rising County expenditures have created substantial public interest in how to cut cost and increase efficiency of providing public services and facilities. Revenue to support public services and facilities in unincorporated Weld County is usually generated by levying property taxes and user fees. B. The goals and policies in this Section are intended to increase the effective and efficient delivery of public services and facilities within the Southeast Weld MUD areas. It is the intent of these policies and goals to ensure that appropriate public facilities and services are available for developments in the Southeast Weld MUD area. C. SE.MUD.Goal.P.1 Provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety and general welfare of the present and future residents of the area. 1. SE.MUD.P.Policy 1.1. Consolidation of internal County facilities or services shall be encouraged to avoid duplication of costs and promote efficiency. 2.. SE.MUD.P.Policy 1.2. Development that requires urban services and facilities shall be encouraged to locate within municipalities, urban growth boundary areas, or areas subject to Intergovernmental Agreements with Weld County. 3. SE.MUD.P.Policy 1.3. New development shall avoid adverse impacts to surface and groundwater quality and shall implement techniques to conserve such resources. shall use the sanitary sewage disposal facilities provided by St Vrain Sanitation District. All PUD water supply systems shall be provided by a water district, metropolitan district, company, or municipality. 4. SE.MUD.P.Policy 1.4. Provide for coordination of solid waste collection services, to include establishment of service standards, approved fee schedules and recycling requirements. D. SE.MUD.P.2 Goal 2. Provide adequate public safety facilities, such as satellite stations for police, fire and ambulance, and encourage the siting of co-located facilities and equipment. 1. SE.MUD.P.Policy 2.1. Public safety facilities shall be provided to meet required standards of response times and public safety, maintaining or exceeding the same level of service that exists throughout the districts. 41 2. SE.MUD.P.Policy 2.2. The County law enforcement agencies shall focus on interaction with the public. This focus should facilitate a community-based approach to public safety such as educational programs,neighborhood watch programs, and community involvement programs. E. SE.MUD.P.Goal 3. Provide land for adequate school facilities conveniently placed central to residential neighborhoods and provide financial assistance to ensure the construction and use of the facilities in a timely manner. F. SE.MUD.P.Goal 4. New development shall provide a mechanism for funding public facility and service expansion and community facilities based on the demand created by development. 1. SE.MUD.P.Policy 4.1. New development should comply with Chapter 22, Article III of this Code. New development that results in excessive public costs while producing insufficient public revenues should be discouraged unless such development provides adequate guarantees through planning and coordination that public facilities and services are effectively installed, operated and maintained. 2. SE.MUD.P.Policy 4.2. If it is determined that public facility or service improvements or maintenance are required for or caused by the development, the developer will be required to pay for the cost of the public facility and service improvement and maintenance. The methodology for compensation shall be determined during the land use application review process. The developer shall submit the following at the PUD sketch plan phase of the development: 1) Information which accurately identifies all users of the infrastructure improvements and maintenance; 2) A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; and 3) A proposal that identifies an appropriate time schedule for infrastructure improvements and maintenance. This information will be reviewed by the Board of County Commissioners in determining an equitable means of distributing infrastructure costs among the County at large,direct users, and the developer. 3. SE MUD.P.Policy 4.3. All applications shall be referred to the applicable school district for review and recommendation regarding school district requirements. 4. SE MUD.P.Policy 4.4. Development will be encouraged to pay its proportional share of the local costs of infrastructure improvements within the MUD areas. This includes ongoing operating and maintenance costs required to service such development and any associated impacts resulting from the development. (Weld County Codification Ordinance 2000-1) G. SE MUD.PGoal 5 The siting of schools will occur near or adjacent to community parks,open spaces and trail systems. Sec.22 X XX.Transportation and circulation. Section 22-2-290 Southeast Weld MUD Transportation and Circulation Goals and Policies [Public works to provide lmput on this section] A. Local residents, commuters, travelers and business owners are dependent on major transportation corridors to access needed commercial and retail services within the MUD areas. The physical aspects of the circulation system in the MUD area shall be encouraged to foster travel between residential neighborhoods and the employment, regional and neighborhood centers. These roadways should also be planned to reinforce the boundaries of the MUD area and give a sense of orientation while traveling. B. The goals and policies in this Section are intended to foster a more efficient transportation network, provide for the safe and efficient movement of people and goods, and promote a wide variety of transportation options in the Southeast Weld MUD area. 42 C. SE.MUD.T.Goal 1. To provide a well-integrated, balanced transportation system that considers all modes of travel and meets the public need for mobility, comfort and safety with maximum efficiency and i"` economy within the MUD area. 1.b. SE.MUD.T.Policy 1.1. The County will plan and maintain a transportation system in the MUD areas that unifies and coincides with state and other county, city and community transportation systems within and surrounding the MUD areas. 2.e. SE.MUD.T.Policy 1.2. Access to properties shall preserve the existing and future function of roads and highways affected by the proposed development. All development circulation systems shall be designated so that they do not disrupt highway travel. Traffic to be generated by any development must conform to the recommendations and requirements of the Department of Public Works and the Colorado Department of Transportation. Dedication and improvements of roads and frontage roads may be required as conditions of development. D.3. SE.MUD.T.Goal 2. Promote a pedestrian trail system to service transportation and recreation purposes within the MUD areas. E.3. SE.MUD.T.Goal 3. New development within the MUD areas shall provide a mechanism for balancing relevant fiscal and economic components of transportation systems. 1.b. SE.MUD.T.Policy 3.1. Require all PUDs to prepare a traffic impact analysis as outlined in the MUD Development Standards to determine project plus cumulative development impacts created by the PUD and determine appropriate project mitigation. 2.e SE.MUD.T.Policy 3.2. Establish a development fee program to collect a fair share dollars-per- trip contribution for constructing short- and long-term circulation improvements. 3.d: SE.MUD.T.Policy 3.3. The County will require improvement of roads, streets or highway facilities when dictated by traffic demand and land development patterns in the MUD areas. F.4-SE.MUD.T.Goal 4. As development occurs, the feasibility of a public transit system shall examined in the MUD areas. (Weld County Codification Ordinance 2000-1) Options and reservations for transit facilities and land shall be maintained. G. SE.MUD.T.Goal. 5. Coordination and consolidation of public safety facilities shall be provided to meet required standards of response times and public safety, maintaining or exceeding the level of service that exists throughout the districts. H. SE.MUD.T.Goal 6. Uses within the Southeast Weld MUD must recognize the current Weld County Regulations regarding spacing of buildings to oil and gas production facilities. Adherence to this regulation assures compliance with this goal in that it will reduce the conflict between the mineral estate and surface estate. I. SE.MUD.T.Goal 7. Development shall work with Weld County Public Works to ensure that the appropriate infrastructure is in place to accommodate traffic impacts as development occurs. Article III Sec.22-3-10. Public facilities and services. A. The effective and efficient delivery of adequate public services is one (1) of the primary purposes and benefits of effective land use planning. Public services are government services such as police and fire protection, health services and welfare, and educational services and programs. Public facilities are physical structures and infrastructure, such as schools, libraries,roads, maintenance facilities, water distribution systems and sewage treatment facilities. Municipal governments, county governments, special districts and private companies are capable of providing such services and facilities. 43 B. Because of the expense and limited available funding, proper allocation of public facilities and services is important. Revenue to support public services and facilities in unincorporated Weld County is usually generated by levying property taxes and user fees. C. The type, intensity and location of a land use proposal are factors that determine the type and level of services and facilities required. Effective and efficient delivery of services and facilities can be promoted by assessing the needs and impacts of a land use proposal, along with the existing and planned capabilities of the service and facility providers at that location. D. One (1) basic objective of the County is to plan and coordinate a timely, orderly and efficient arrangement of public facilities and services. In accomplishing this objective, municipalities are considered to be the principal provider of services and facilities for urban uses. E. Municipalities have the ability to coordinate the provision of adequate urban facilities and services under powers granted by state statutes and the Constitution. The adopted urban growth boundary areas are the most logical areas for urban development to occur. Municipalities are designed to accommodate concentrations of development and are in a position to plan the expansion of existing facilities and services, as well as to coordinate the development of new facilities and services. F. Alternative facilities and service systems (for example, special districts) may be used for urban type development within the 1-25 Mixed Use Development areas, urban development nodes or urban growth boundary areas, with certain restrictions. The alternative facility and service systems must comply with the standards set forth in this Chapter and Chapters 23 and 24 of this Code. Systems that are proposed to be located within a municipality's urban growth boundary area may be required to develop in such a manner that they are compatible with the standards of the municipality most likely to phase services into the area. They also may be required to meet state regulations and standards. G. In determining service and facility adequacy for a land use proposal, it is the policy of the County to consider any evidence submitted by the representative of an entity responsible for providing such services or facilities. In addition, the following minimum service and facility standards must be met in determining if -� public services and facilities are adequate for residential, commercial and industrial development. (Weld County Code Ordinance 2002-6) Sec.22-3-20. Fire protection. A. Fire protection is a basic provision required for development activities in the County. While the County encourages that, where and when possible, fire service providers should utilize the highest available equipment, standards and services, the County realizes that often fire protection providers are volunteer rural fire districts with limited service abilities and personnel. 1. Roads serving the development must have a surface that is sufficient to travel every day of the year for the purpose of controlling and extinguishing any and all potential fires at the proposed development site or zone district. 2. Fire protection should be provided twenty-four(24)hours a day. B. The intention of this Section is to provide a basic level of protection against the destruction of life and property from fire. However,the local jurisdiction, having authority to enforce the fire code, has adopted such code,actively enforces such code, and may have additional requirements that are not listed. C. Areas outside determined fire protection districts or those districts which have not adopted standards shall demonstrate that fire protection is provided to the development. D. In an effort to conserve quality water resources,especially in outlying areas of low-density development, creative and innovative approaches to fire protection and prevention will be considered. For example: strategically locating fire hydrants for refill purposes along roadways, sprinkler systems, on-site tank or reservoir water storage,etc. (Weld County Code Ordinance 2002-6) Sec.22-3-30. Law enforcement. A. Law enforcement should include those acts and duties of the Sheriff by state statutes and the Home Rule Charter. These include,but are not limited to,the following: 44 1. Keeper of the County jail and prisoners therein. 2. Service and execution of all process, writs, precepts and other orders issued or made by lawful /^ authority directed to the Sheriff. 3. Apprehending and securing any person for violation of state statutes and this Code. B. Law enforcement should include the provision of acts and duties required by the Sheriff when requested by a citizen. The Sheriff is encouraged to develop formal agreements with other law enforcement agencies to make certain all areas of the County have prompt response. C. Law enforcement is a basic provision required for development activities in the County. The County encourages that where and when possible, law enforcement provision should utilize the highest available equipment, standards and services. The County realizes the geographic size of the County and will strive to provide a basic level of law enforcement service with the abilities and personnel available. (Weld County Code Ordinance 2002-6) Sec. 22-3-40. Public facilities general requirements. The following services and facilities rust be determined adequate and in accordance with the requirements set forth in this Chapter and Chapters 23 and 24 of this Code prior to the zoning of a parcel for development or the development of an Industrial,Commercial,Residential or Planned Unit Development subdivision: A. Availability of an adequate water system. B. Availability of an adequate sewer system. C. Availability of an adequate transportation system. D. Availability of adequate fire protection. E. Availability of adequate law enforcement. F. Availability of adequate school facilities. G. Availability of adequate parks and open space. (Weld County Code Ordinance 2002-6) Sec. 22-3-50. Public facility and service goals and policies. A. P.Goal 1. Promote efficient and cost-effective delivery of public facilities and services. 1. P.Policy 1.1. Consolidation of public facilities or services and coordination between providers should be encouraged to avoid duplication of costs and promote efficiency. 2. P.Policy 1.2. The County will encourage the development of cost-effective transportation and circulation systems by encouraging higher density uses in the area around existing municipalities, Mixed Use Development areas or activity centers. This will help ensure that maximum efficiency and uses are derived from investment in public facilities. 3. P.Policy 1.3. Any proposal for development or the creation of a zone district for the purpose of development should not produce an undue burden on existing County facilities. B. P.Goal 2. Require adequate facilities and services to assure the health, safety and welfare of the present and future residents of the County. 1. P.Policy 2.1. Development that requires urban services and facilities should be encouraged to locate within a municipality, urban growth boundary area, I-25 Mixed Use Development area or urban development nodes,or where adequate services are currently available or reasonably obtainable. 2. P.Policy 2.2. Development will be required to pay its proportional share of the local costs of infrastructure improvements. 3. P.Policy 2.3. In evaluating a land use application, the County will consider both its physical and fiscal impact on the local school and fire district. If it is found that the district involved will, as a result of the proposed development,require additional facilities or incur costs requiring additional local revenues, the 45 land use project will be required to contribute funds to the district for the costs directly attributable to the project in accordance with the law. 4. P.Policy 2.4. Multi-jurisdictional coordination of services and facilities will be encouraged unless it will lead to development that is not compatible with other County goals and policies. (Weld County Code Ordinance 2002-6) 5. P. Policy 2.5. Provide a mechanism for funding public facilities, accommodating service expansion, and community amenities based on the demand created by the development. Metropolitan district(s) may be formed to address and assess needs based on the development of the MUD. Sec.22-3-60. Transportation. A. The County's transportation system is intended to provide for the safe and efficient movement of people and goods through the County. Maintenance of a good transportation system opens the door for economic viability. The State and County road systems should provide a functionally integrated roadway network. B. Reco'nizing that expansion of urban/rural development and resulting higher traffic volumes and speeds are inevitable, agricultural operations trust share the responsibility for safe highways by utilizing all safety precautions available when entering and using the County road system, i.e., escorts, warning lights, restricting use at night and during periods of low visibility. C. Established standards should guide the development of the transportation system throughout the unincorporated areas of the County. The Roadway Classification Plan, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, identifies the roadway, railroad and airport facilities in the County. Pedestrian, bicycle trails and scenic road byways are identified on the Recreational Transportation Facilities Map. D. The Roadway Classification Plan reflects the County's vision for the future. To maintain a reasonable perspective of the County's transportation network, it is essential that updates to the Roadway Classification Plan be made. The impact of major centers of employment or other significant land development activities could influence this Roadway Classification Plan. For this reason, review of significant proposals for changes in land use should be accompanied by a corresponding review of this Section. All roads shall adhere to the standards set forth in the most current Roadway Classification Plan approved by the Board of County Commissioners. E. In order to have an efficient transportation system, all jurisdictions should coordinate respective transportation goals and policies. (Weld County Code Ordinance 2002-6) Sec.22-3-70. Road classifications. The County's road system includes arterials, collectors and local roads. It generally serves travel of a countywide nature rather than statewide. The County's road system constitutes routes where predominant travel distances are shorter and speeds are more moderate than those typically associated with the state highway system See the most current Roadway Classification Plan approved by the Board of County Commissioners. For characteristics of the classifications listed below,refer to the Roadway Classification Plan. A. Arterial roads. Arterial roads provide for trip lengths and travel densities for substantial or countywide travel. B. Collector roads. Collector roads expedite movement of traffic in the local area. Collectors serve a dual function between mobility and land access by connecting local roads to arterials. Collector roads serve smaller communities and neighborhoods. C. Local roads. Local roads provide direct approaches to individual properties. A local road should move the traffic from a developed area and lead it into a collector road. Local County roads are designed for lower speeds and lower traffic volumes. D. Road access. Some degree of access control should be included in the development of any road, particularly a new facility where the likelihood of commercial development exists. The functional classification of any road should be coordinated with the land use plan to ensure that the desired degree of 46 acmes control can be maintained through the provisions of Chapters 23 and 24 of this Code, and the most current Roadway Classification Plan approved by the Board of County Commissioners. (Weld County Code Ordinance 2002-6) Sec.22-3-80. Pedestrian and bicycle paths. A. The involvement of pedestrians and bicycles in traffic is a safety consideration in highway planning and design. Pedestrians and bicyclists are a part of the roadway environment, and attention must be paid to their presence in rural as well as urban areas. B. The bicycle has become an important element for consideration in the highway design process. Fortunately, it is practical for most of the mileage needed for bicycle travel to be comprised of the street and highway system much as it presently exists. Paved shoulders and other appropriate design considerations can considerably enhance the safety and capacity of mutes for bicycle traffic. The existing street and highway system shall be utilized and off-road paths or trails should be encouraged. C. Some municipalities within the County have identified specific pedestrian/bicycle trails. Counties and municipalities adjoining the boundaries of the County have made similar provisions for pedestrian/bicycle paths. The logical extension and development of these trails will eventually lead to increased pedestrian/bicycle activity. Appropriate accommodations must be made on future road improvements to ensure safety. The identified bicycle trails being promoted in the County are shown on the Recreational Facilities Map and in the most current Roadway Classification Plan approved by the Board of County Commissioners. (Weld County Code Ordinance 2002-6) Sec. 22-3-90. Scenic road byways. A. The Pawnee Buttes Scenic Byway represents the only scenic roadway designated within the County. The scenic byway begins in Ault, routes east along Highway 14 then travels northward through the Pawnee Grasslands, passing the Pawnee Buttes before turning south on Highway 52 and ending in Fort Morgan. This scenic byway is identified on state highway maps. Appropriate signs delineating the route are strategically located to keep the motorist on the appropriate route. Through the Pawnee Grasslands, the trail Byway utilizes the existing gravel roads that are regularly maintained by the County. B. No other scenic byways are provided for in this Plan. (Weld County Code Ordinance 2002-6) Sec.22-3-100. Regional plans. Federal and state legislation requires transportation planning. The County plays an active role in two (2) organizations. The Upper Front Range and the North Front Range Transportation Planning Regions represent the diverse urban and rural nature of the County. Each of these planning organizations has developed a plan for the future growth of the region. To provide for the logical growth of the region, the County should coordinate with these planning organizations and other regional planning organizations having contiguous borders with, or impacting,the County. (Weld County Code Ordinance 2002-6) Sec.22-3-110. U.S.85 corridor. A. U.S. Highway 85 between Wyoming and the Denver Metropolitan Area is a vital corridor providing a transportation link serving all of the County. B. With this in mind, the Colorado Department of Transportation has completed the U.S. Highway 85 Corridor Study to address the ability of the corridor to efficiently move traffic. The Upper Front Range Regional Planning Commission has recommended the implementation of an Access Management Plan which is incorporated in an agreement between all governmental agencies in Weld and Adams Counties that have authority over land use along the U.S. Highway 85 corridor. C. The Comprehensive Plan contained in this Chapter recognizes the importance of preserving the efficiency of the U.S. Highway 85 corridor and encourages the cooperation of all interested parties. (Weld r County Code Ordinance 2002-6) Sec 22-3-120. Air transportation. 47 A. The Greeley-Weld County Airport is located two and one-half(21/2)miles east of the City of Greeley, on the north side of Colorado Highway 263,between County Roads 43 and 47. The Airport has been in operation since 1943 and provides the City and County with convenient access to general aviation facilities, particularly business aviation. The Greeley-Weld County Airport is the third busiest general aviation airport in the State, routinely accommodating in excess of one hundred sixty thousand(160,000) operations (takeoffs and landings) per year. The Airport is classified as a general utility airport, capable of accommodating all types of general aviation aircraft. B. An A-P (Airport) Overlay District has been established to address incompatible building height. Reference should be made to the Greeley/Weld County Airport Master Plan regarding other issues of incompatibility. C. Airport site development and operations compatibility between the Airport and surrounding land uses are important land use and zoning issues, and necessitate continuous planning to avoid conflicts. Noise-sensitive areas, such as residential developments and certain uses and structures, have traditionally caused conflicts with established activities at most airports, and can pose a hazard to aircraft. To alleviate this problem, an A-P (Airport)Overlay District has been established. D. The Tri-County Airport is a small general utility airport/airpark located in southwest Weld County, north of Colorado Highway 7 and west of County Road 3. The Tri-County Airport serves light single- and twin- engine aircraft in Weld,Boulder and Adams Counties, conducting approximately fifty thousand(50,000)annual aircraft operations. E. There are several smaller private-use airports throughout the County. These airports serve personal needs and are generally simple dirt landing strips. Typical uses of these landing strips are generated by agricultural spraying and light engine recreational uses, for example. The location and use of these smaller airports are determined by need and evaluated on a site-specific basis. (Weld County Code Ordinance 2002-6) Sec. 22-3-130. Rail transportation. A. The Burlington Northern Santa Fe (BNSF) operates an east/west main line through southeast Weld County, connecting Denver with major Midwestern markets. This line avenges twenty-five (25) train movements per day through the County. BNSF also operates an unsignaled, slow speed, twenty-five-mile-long branch line between Greeley and Fort Collins with a total train movement of one(1)per day. B. The Union Pacific (UPRR) operates a north/south single track mainline with centralized traffic control between Denver and Cheyenne. This corridor could support a passenger operation. UPRR operates fifteen(15) trains per day on its main line. UPRR operates two(2)to four(4)trains on its east-to-west line between LaSalle and Fort Collins. C. The Great Western Railway(GWRR)operates freight service from Loveland and Windsor to Johnstown and Milliken, with branches to Longmont and Eaton. Freight consists of coal,fertilizer, corn products and other agricultural products. D. A Ppotential for conflict exists between railroad lines and other land uses within urban growth boundaries and the I 25 Mixed Use Development areas. Municipal type uses and services are planned for both of these areas which will increase auto and pedestrian traffic and the number of noise-sensitive uses. Potential conflicts could be avoided by signalizing or separating crossing points for trains from other vehicular and pedestrian traffic, and separating noise-sensitive uses by distance or utilizing noise abatement techniques. E. At present, the County's role in rail transportation is limited to land use considerations through the administration of Chapter 23 of this Code. The primary regulatory agencies are located at the federal and state levels. F. The County encourages the preservation of rail corridors for future transportation uses. These corridors are outlined in the North Front Range Transportation Alternatives Feasibility Study. (Weld County Code Ordinance 2002-6) Sec. 22-3-140. Transportation goals and policies. A. T.Goal 1. Provide a unified and coordinated countywide street and highway system which moves people and goods in a safe,economical and efficient manner. 48 1. T.Policy 1.1. The County should maintain a road classification system so County roads are designed and maintained according to their planned function. B. T.Goal 2. A Countywide trail system should be considered to service transportation and recreation purposes. 1. T.Policy 2.1. County subdivisions should consider internal trail systems,if appropriate. 2. T.Policy 2.2. County subdivisions should consider providing links to regional trail systems. C. T.Goal 3. The design of roads, streets and highways should be made in consideration to the accommodation of adjacent land uses. 1. T.Policy 3.1. Establish policy standards for the regulation of accesses to streets and highways from adjacent land uses and intersecting roads. D. T.Goal 4. Provide a balanced approach to transportation system development, giving due consideration to all modes of travel. 1. T.Policy 4.1. The County will plan and maintain a transportation system that unifies and coordinates with other state,county,city and community transportation systems. 2. T.Policy 4.2. The number of access points on collector and arterial roads should be kept to a minirnum in order to minimize interruptions to traffic flow and to promote safety to the traveling public. 3. T.Policy 4.3. The County should review and determine that all road, street or highway facilities are adequate in width, structural capacity and classification to meet the traffic demands of any land development. The County will, as a condition of land development,require improvement of roads, streets or highway facilities in proportion to their respective impacts when dictated by traffic demand and land development patterns. r 4. T.Policy 4.4. All road, street and highway facilities should be developed, constructed and paved in accordance with adopted County standards. Road, street and highway rights-of-way shall be dedicated to the public use and accepted for maintenance in accordance with adopted County standards. 5. T.Policy 4.5. The County should emphasize maintenance and upgrading of existing transportation facilities over the provision of new facilities in order to protect its investment. All new County roads, streets and transportation facilities should be designed to minimize future maintenance costs. E. T.Goal 5. A Roadway Improvement Plan and Road Impact Fee Study may be performed by the County to identify road capital improvements required to maintain an adequate level of service in a specified area. 1. T.Policy 5.1. The intent of the Roadway Improvement Plan and Road Impact Fee Study in a specified area is to assess the need for capacity expansion and subsequently impose road impact fees within a specified area to assure that new development contributes its proportionate share of the costs of providing, and benefits from the provision of, road capital improvements identified as needed to be built in the Road Capital Improvements Plan. 2. T.Policy 5.2. It is the objective of the Board of County Commissioners and the governing bodies of participating entities to make the most efficient use of their powers by jointly implementing planning,zoning and subdivision requirements for the provision of road capital improvements for the specified area to maintain an adopted level of service. (Weld County Code Ordinance 2002-6) Sec.22-3-150. Tourism goal. A TR.Goal 1. The County shall recognize the importance of tourism and recreation to local, regional and agricultural economies (for example: corn mazes, county fairs, farm implement museums, etc.) and shall encourage the provision of adequate support services and facilities necessary for the continuation and expansion of these activities, consistent with other goals and policies of the Comprehensive Plan. (Weld County Code Ordinance 2002-6) 49 ARTICLE IV Environmental Resources Sec.22-4-10. Purpose. The condition of the environment has been of increasing concern for the residents of the entire nation and the County. Erosion, sedimentation, reduced water quality, loss of productive farmland and reduced fish and wildlife habitats are a few of the problems which are facing County citizens. Environmental quality is inextricably tied to quality of life and enjoyment of property. In order to preserve a healthy and positive quality of life for County citizens, the following four(4)principles should be considered in all land use issues: A. Impacts from proposed land uses on air,water,waste,noise and public health should be considered. B. Environmental impacts should be reduced or mitigated in order to prevent harm to life, health and Property- C. Agricultural land is a limited resource of economic value and should be protected from adverse environmental impacts. D. The County shall encourage and promote coordination and cooperation between federal, state and local governmental entities charged with making decisions which may have environmental impacts on land uses and residents in the County. (Weld County Code Ordinance 2002-6) Sec. 22-4-20. Water quality. A. The County is a semi-arid region with a water system including aquifers, canals and reservoirs. Over the years, there has been a large investment in facilities to collect and store water from the mountain snows and distribute it to the plains where it can be used beneficially. B. The development of water resources has assisted agriculture,industry,commerce,cities and towns. C. The Water Quality Control Commission, a citizen board appointed by the Governor, subject to confirmation by the State Senate, defines water quality regulation and policies in Colorado. The Colorado Department of Public Health and Environment administers the Water Quality Program throughout the State. D. As part of the Larimer-Weld Region, Area-wide Water Quality Management Plan, the County has been identified as the responsible management agency for all areas in the County outside the urban service areas. As a management agency, the County has a responsibility to exercise land use authority based on water quality considerations. This responsibility is partly fulfilled by evaluating water quality considerations associated with land use proposals in accordance with the standards set forth in this Chapter and Chapters 23 and 24 of this Code. (Weld County Code Ordinance 2002-6) Sec. 22-4-30. Water goals and policies. A. MUD.WA.Goal 1. County residents are encouraged to conserve water. 1. MUD.WA.Policy 1.1. Landscaping using low water use plants and water conservation techniques are encouraged. 2. MUD.WA.Policy 1.2. Application for new development should include provisions for adequately handling drainage and for controlling surface erosion or sedimentation within the site itself. 3. MUD.WA.Policy 1.3. Applications for new development should consider dual water systems that incorporate separate potable and nonpotable water. B. MUD.WA.Goal 2. The County will strive to maintain Federal Drinking Water Standards in aquifers which provide drinking water for domestic and public use. 1. MUD.WA.Policy 2.4 As conditions warrant, applicants proposing unsewered divisions of land or development shall evaluate the impacts on groundwater quality. 2. MUD.WA.Policy 2.5 Applications for new development shall consider the installation and maintenance of managed and advance treatment septic systems to prevent potential groundwater pollution. 50 3. MUD.WA.Policy 2.6 Whenever feasible, the County encourages the incorporation of community sewerage. C. MUD.WA.Goal 3. The County will strive to maintain and protect water supply conveyances adequate to sustain agricultural land. 1. MUD.WA.Policy 3.1. The County will acknowledge water rights as private. 2. MUD.WA.Policy 3.2. The County will favor applications that return water to abandoned agricultural land for productive agricultural use. D. MUD.WA.Goal 4. The County will strive to maintain the quality of all water bodies as outlined in the State and Federal Water Quality Standards. 1. MUD.WA.Policy 4.1. Stormwater collection and treatment should be considered for all development. The developer will be required to employ best management practices in the design of all stormwater facilities. 2. MUD.WA.Policy 4.2. Irrigation ditches shall not be used as outfall points, unless it is shown to be without reasonable hazard and/or the ditch company provides written acceptance of the stormwater. 3. MUD.WA.Policy 4.3. The developer shall incorporate all Floodplain Management programs and the Master Drainage Plan into the new development plans. The County adopted the South Weld I-25 Corridor Master Drainage Plan in November of 1999 and all stormwater designs within the Tri-Town and Godding drainage basins shall meet the technical criteria of this report. 4. MUD.WA.Policy 4.4. The County encourages an overall watershed approach to water quality management issues. 5. MUD.WA.Policy 4.5. Animal feeding and dairy operations shall comply with all applicable County, state and federal rules and regulations. 6. MUD.WA.Policy 4.6. New development shall preserve identified aquifer re-charge areas. 7. MUD.WA.Policy 4.7. Where feasible, drainage ways shall be maintained in their natural state to ensure natural re-charge. E. MUD.WAGoal 5. Development will occur in areas where adequate water quantity and quality is currently available or reasonably obtainable. 1. MUD.WA.Policy 5.1. Policy applications for proposed development will assess currently available or reasonably obtainable water quantity and quality. (Weld County Code Ordinance 2002-6) Sec. 22-4-40. Air. A. State Air Quality Regulations and Policies are defined by the Air Quality Control Commission, a citizen board appointed by the Governor, subject to confirmation by the State Senate. The Air Pollution Control Division of the Colorado Department of Public Health and Environment administers the Air Pollution Control Program throughout the State on a regional basis with local governments and local health agencies. B. The County is committed to maintaining compliance with all national air quality standards for criteria and hazardous pollutants. C. In addition to emissions of criteria and hazardous pollutants, the County is concerned with nuisance emissions of odor and dust. The County will encourage development to occur in a manner that minimizes these impacts. (Weld County Code Ordinance 2002-6) Sec. 22-4-50. Air goals and policies. A. AIR.Goal 1. Maintain National Air Quality Standards and, where practicable, improve air quality in the County. I. AIR.Policy 1.1. If applicable, land use applications will demonstrate future impacts on current air quality. 51 2. AIR.Policy 1.2. Land use applications will be evaluated by the Department of Public Health and Environment for compliance with federal, state and county statutes,regulations and ordinances. 3. AIR.Policy 1.3. The County encourages the use and development of alternative fuels, alternatively fueled vehicles and modes of transportation that reduce pollutants. 4. AIR.Policy 1.4. The County encourages innovative and creative approaches to alternative energy sources. 5. AIR.Policy 1.5. Open burning is discouraged except for the established practice of "agricultural burning," such as to clear irrigation ditches and fields for farming operations. (Weld County Code Ordinance 2002-6) Sec.22-4-60. Noise. Noise is a source of environmental pollution. Exposure to excessive noise levels over prolonged periods can be a threat to public health. Statutory noise standards have been established for areas where commercial, industrial and residential uses are located. (Weld County Code Ordinance 2002-6) Sec. 22-4-70. Noise goals and policies. A. N.Goal 1. Minimize the impact of noise on County residents. 1. N.Policy 1.1. land use applications will be evaluated by the Department of Public Health and Environment for compliance with federal, state and county statutes,regulations and ordinances. 2. N.Policy 1.2. The Department of Public Health and Environment will prescribe noise level standards for land use applications when appropriate. (Weld County Code Ordinance 2002-6) Sec. 22-4-80. Waste. A. If managed carefully, waste can have positive economic and environmental benefits. Energy production, recycling and resource conservation are examples of positive benefits. However, if improperly managed, waste can impinge upon the public's health and environment while contributing to nuisance issues (rodents, odors, etc.). B. The County encourages waste diversion and resource recovery from the waste stream. Personal responsibility, "buy recycled" policies and the appropriate use of compost are suggested as stimuli for resource recovery. C. Waste is both an important part of our local environment and the economy. The County strives to ensure that: I. Waste should be handled in a manner that protects human health and the environment,both now and in the future. 2. The availability of quality waste management options, at a reasonable price, exists for County residents, both now and in the future. D. Waste is divided into six(6)subsections as follows: 1. Transfers,processing and diversion. 2. Final disposal. 3. Exploration and production waste. 4. Biosolids and septage. 5. Hazardous waste. 6. Agricultural waste. (Weld County Code Ordinance 2002-6) 52 Sec. 22-4-90. Transfer,processing and diversion. Important components of waste management include the transfer, processing and diversion of wastes. Transfer refers to the movement of waste from the generator to other components of the waste management process. Processing refers to the conversion of generated waste to reusable forms or to a more safe or efficient form for final disposal. Diversion refers to the removal and reuse of waste through recycling or other means. (Weld County Code Ordinance 2002-6) Sec. 22-4-100. Transfer,processing and diversion goals and policies. The following goals and policies are established for transfer,processing and diversion: A. TPD.Goal 1. The County expects its businesses, residents and landowners to prevent negative impacts on human health and the environment from waste processing or disposal. 1. TPD.Policy 1.1. Land use applications will be required to characterize the waste stream associated with the proposed land use. 2. TPD.Policy 1.2. The applicant shall submit a plan to manage waste that is consistent with federal, state and county statutes,regulations and ordinances. B. TPD.Goal 2. All facilities in the County which handle, collect or process waste will maintain an active role in solid waste management resource recovery of such waste. 1. TPD.Policy 2.1. The County encourages haulers and collectors of waste to provide composting and recycling options for customers. (Weld County Code Ordinance 2002-6) Sec.22-4-110. Final disposal. Final disposal is the ultimate management option for waste which cannot be diverted through other options. The County wants to ensure that all final disposal of waste is done in a manner protective of public health and the environment. (Weld County Code Ordinance 2002-6) Sec. 22-4-120. Final disposal goals and policies. A. F.Goal 1. All final disposal facilities in the County will locate, develop and operate in a manner that minimizes interference with other agricultural uses, rural settlement patterns and existing residential communities. 1. F.Policy 1.1. The County shall collect surcharges from final disposal facilities which cover waste- monitoring tasks performed by staff,road maintenance, litter pickup, public education,household hazardous waste collection,or other costs identified by the Board of County Commissioners. 2. F.Policy 1.2. Compatibility with existing and future land uses (identified at the time of application) must be demonstrated in terms of, including but not limited to, visual impact,pollution prevention, pollution control, traffic, dust, noise, land use scale and density, infrastructure, topographic form geology, operating plans, closure and reclamation plans and buffer zones. Land use incompatibility may become an issue and may require additional mitigation if determined that the final disposal facility site is causing negative environmental impacts. 3. F.Policy 1.3. Appropriate infrastructure, which provides adequate access to final disposal facilities, is required for approval. 4. F.Policy 1.4. Applications submitted for final disposal facilities will be evaluated by the Department of Public Health and Environment for compliance with federal, state and county statutes, regulations and ordinances. Applicants must demonstrate adequacy of access roads, grades, leachate and drainage control, liners, fencing, site improvements, reclamation plans, general operations, service area, permitted capacity or air space,buffer zones and other appropriate requirements. 5. F.Policy 1.5. The County may require new final disposal facility applicants to demonstrate that resource recovery and recycling programs have been adequately studied as an alternative or component. (Weld County Code Ordinance 2002-6) 53 Sec.22-4-130. Exploration and production waste. A. A large amount of water is extracted during the production of crude oil and natural gas. The wastewater produced from exploration and production(E and P)waste is frequently brackish or salty and must be processed and disposed of in a satisfactory manner to protect both human and environmental health. B. The County shall monitor and report violations of state odor regulations and groundwater impacts at E and P waste surface impoundment facilities. C. Groundwater contamination must be prevented by following state regulations for cementing wells, including injection wells, to prevent commingling of water, oil and gas into other formations. (Weld County Code Ordinance 2002-6) Sec. 22-4-140. Exploration and production goals and policies. A. EP.Goal 1. The County encourages the minimization and requires the safe disposal of E and P waste. 1. EP.Policy 1.1. Due to the level of impact from, and increasing public concern about, surface impoundments,other alternatives for disposal shall be considered. B. EP.Goal 2. E and P waste facilities shall be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of, but not limited to, general use, scale, height, traffic, dust, noise and visual pollution. 1. EP.Policy 2.1. In reviewing the operational and reclamation plans for solid and brine waste disposal facilities, the County shall impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties and wildlife resources. 2. EP.Policy 2.2. All applicable land use applications will be reviewed by the Department of Public Health and Environment for compatibility with federal, state and county statutes, regulations and ordinances. (Weld County Code Ordinance 2002-6) Sec. 22-4-150. Biosolids and septage. Like other wastes, biosolids and septage waste can have negative impacts on human health and the environment. Improper disposal of biosolids and application of septage waste can lead to health problems and also nuisance issues. At the same time, these wastes are important resources to an agricultural community as soil enhancements and fertilizers, when properly applied. (Weld County Code Ordinance 2002-6) Sec. 22-4-160. Biosolids and septage goals and policies. A. S.Goal 1. Biosolids and septage should be applied, handled and processed in a manner that prevents groundwater contamination and minimizes nuisance conditions. 1. S.Policy 1.1. All biosolids and septage land application permits will be reviewed by the Department of Public Health and Environment for compatibility with this Code. 2. S.Policy 1.2. The County requires the appropriate land application for disposal of biosolids and septage. (Weld County Code Ordinance 2002-6) Sec. 22-4-170. Hazardous waste. Hazardous waste can pose unacceptable levels of risk to human health and the environment. Improperly managed hazardous waste has led to public health disasters around the world. In addition, Household Hazardous Waste(HHW), such as paints,is unregulated,but nonetheless can pose an unacceptable level of risk. Therefore, HHW should be diverted from landfills. The County has a HHW program which provides alternative handling methods for County residents. (Weld County Code Ordinance 2002-6) Sec. 22-4-180. Hazardous waste goals and policies. A. H.Goal 1. The County encourages the minimization and careful collection of hazardous waste. Further, the County requires the proper disposal of hazardous components, products and waste. 54 1. H.Policy 1.1. All County producers of regulated hazardous waste and users of regulated hazardous materials will comply with federal, state and county statutes, regulations and ordinances regarding use, reporting, storage and disposal of regulated hazardous waste or products. 2. H.Policy 1.2. Because of the risk of permanent damage to life, health and the environment, permanent and final regulated hazardous waste disposal facilities shall be discouraged in the County. 3. H.Policy 1.3. The County shall maintain its HHW Program. (Weld County Code Ordinance 2002-6) Sec. 22-4-190. Agricultural waste. A by-product of being one(1) of the country's largest producers of agricultural products is the generation of a large amount of agricultural waste. Agricultural waste results from the raising of crops or animals, including animal manures,that are returned to the soils as fertilizer or soil conditioners. Improperly managed agricultural waste can impact public health. Agricultural waste must be managed and processed appropriately to protect human and environmental health. (Weld County Code Ordinance 2002-6) Sec.22-4-200. Agricultural waste goals and policies. A. AW.Goal 1. Human and environmental health impacts from agricultural waste will be minimized by appropriate handling, storage and processing practices. 1. AW.Policy 1.1. The County encourages the composting of agricultural waste. 2. AW.Policy 1.2. The County encourages the incorporation of "Best Management Practices" when managing agricultural waste. (Weld County Code Ordinance 2002-6) ARTICLE V Natural Resources Sec. 22-5-10. Purpose. A. Because natural resources are limited, it is critical that a balance be obtained between increased growth and the natural areas within the County. Each land use change affects the environment which may produce undesirable results. Erosion sedimentation, reduced water quality,loss of productive farmland and reduced fish and wildlife habitat are a few of the problems facing the County. B. Natural resources are both limited and interdependent. The misuse of any natural resource may result in environmental degradation or destruction. In order to meet the goals and policies identified in this Article, officials of the County, as well as each citizen, should take an active role in conserving and preserving natural resources and the environment. The primary elements which follow should be evaluated in the review of County land use applications. However, this does not mean that these are the only environmental quality and natural resource problems in the County. Rather, the following sections have been dealt with in depth because of the importance they have on the natural environment and the quality of our lives. These sections do not attempt to encompass every natural issue; instead, they attempt to address the major current areas of importance. (Weld County Code Ordinance 2002-6) Sec.22-5-20. Wildlife. The abundance of wildlife in the County is an important contributor to the economic health and quality of life in the County. The acquisition of properties to provide public hunting, fishing and watchable wildlife opportunities has long been an important part of the Colorado Division of Wildlife's management program. As an added emphasis on the importance of these lands, private groups also lease several of these sites for recreational activities such as fishing, hunting, shooting sports and boating. Maintaining wildlife habitats in sufficient supply is necessary to encourage the social and economic benefit the County receives from this resource. Map 5, Wildlife Areas—Existing, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, shows most of the important wildlife habitat areas in the r'^ County. It should be noted that the important wildlife areas are often closely associated with important water supply and aquifer recharge areas. (Weld County Code Ordinance 2002-6) 55 Sec. 22-5-30. Wildlife goals and policies. A. W.Goal 1. New development should be located and designed to conserve critical ecosystem components, including wetlands, significant wildlife habitats and migration corridors. Significant wildlife --IN habitat is defined as a geographical area containing existing or migrating wildlife and a combination of the essential elements of food, water,cover and space in quantities sufficient to support a species. 1. W.Policy 1.1. Development and design of land uses which require drainage, excessive removal of riparian vegetation and alterations of river or stream banks shall be discouraged in order to protect river or stream quality and to protect key wildlife habitat. 2. W.Policy 1.2. Conflicts with fish and wildlife habitats and migration mutes shall be considered in land development. Developments adjacent to rivers and streams, waterfowl areas and important or critical wildlife areas should incorporate reduced densities, adequate setbacks and buffered areas. 3. W.Policy 1.3. The County will identify and attempt to protect critical or unique habitat areas of high public value, such as habitats of endangered or unique species, significant viewing areas and breeding and spawning areas. B. W.Goal 2. Traditional wildlife uses such as hunting, trapping and fishing in agricultural and nondeveloped portions of the County are beneficial. The County supports the maintenance of these wildlife uses. An authorized hunting and trapping clause is incorporated in the Right to Farm statement. 1. W.Policy 2.1. The effect of proposed development upon wildlife and habitat should be evaluated. Loss of critical habitat should be mitigated. The County will maintain maps of known critical wildlife habitats. 2. W.Policy 2.2. The integrity of movement in wildlife corridors should be conserved. 3. W.Policy 2.2. Destruction of wetlands or riparian areas will be strongly discouraged, and mitigation for loss of wetlands and riparian habitat will be encouraged. (Weld County Code Ordinance 2002-6) Sec. 22-5-40. Open space,parks and recreation. A. Open space is essentially unimproved and set aside, dedicated, designated or reserved for public or private use, or for the use and enjoyment of its owners or occupants. Privately owned lands are not guaranteed to remain traditional unimproved lands, but can be converted by the individual landowner to other uses through the appropriate land use process. B. Park facilities and recreational programs in the County are planned and operated by the Federal Government, State Division of Parks and Outdoor Recreation, municipalities, schools and recreational districts. The County currently operates one (1) small regional park near the City of Greeley, is considering developing other open space opportunities throughout the County, and encourages the use of the Pawnee National Grasslands and Crow Valley Recreational Area. C. The County contracts with the City of Greeley to manage the Island Grove Regional Park which is composed of several 4-11 buildings, an exhibition building,the Weld County Fairgrounds and stadium and other supplemental buildings. These facilities are located partly within the City of Greeley and partly within unincorporated Weld County. D. Special attention has been directed toward encouraging parks, trails and recreational facilities of varying size and function along rivers, creeks, stream beds and native national grasslands. E. The central theme of the County's open space goals and policies is the adoption of goals and policies which can minimize conflict between areas for open space and urban development. The open space and natural resource management goals and policies found in Section 22-5-50 below currently function as the only open space plan for unincorporated Weld County. Each municipality within the County has been asked to include an open space vision of lands, while considering the private property rights of individual landowners, within their urban growth boundaries. F. The County has not historically been involved in land acquisition for open space or parks. The Great Outdoors Colorado Trust Fund and several other funding opportunities in the State are making acquisition and 56 maintenance of open space far more feasible for county governments. The County is currently addressing the need to provide open space opportunities for residents of the County and hopes to produce a regionally influenced open space plan for the County. (Weld County Code Ordinance 2002-6) Sec.22-5-50. Open space,parks and recreation goals and policies. A. O.Goal 1. Promote the location of park, recreation and open space areas in floodplain, seep areas, wetlands, geological fault areas and nonproductive agricultural areas. 1. O.Policy 1.1. Encourage agricultural use of productive agricultural land. 2. O.Policy 1.2. Encourage uses such as open space, agriculture, parks, recreation, gravel mining and other related activities in floodplains, seep areas, wetlands, geological fault areas and other areas having natural features of public interest. B. O.Goal 2. The County will cooperate with local, state and federal agencies to identify,conserve, protect or enhance critical fish and wildlife habitat by attempting to implement measures for the protection or enhancement of such areas. C. O.Goal 3. Land use activity should preserve, enhance and maintain significant or unique natural land features. D. O.Goal 4. Development improvements should minimize visual scarring from grading, road cuts and other site disturbances and should integrate new landscaping with the existing natural landscape. 1. O.Policy 4.1. Stabilization and landscaping of final landforms shall be required; runoff shall be controlled to historic levels; and continuous maintenance of new landscaping should be assured. E. O.Goal 5. The County will strive to conserve significant stands of trees and shrubs, large expanses of prairie grasses and unique forms of vegetation and land area. 1. O.Policy 5.1. Significant stands of healthy vegetation shall be identified during the land review process. Critical stands should be preserved whenever possible. Improvements should be located to minimize the removal of vegetation. 2. O.Policy 5.2. Compatible, drought-tolerant landscaping should be encouraged in all land use proposals. 3. O.Policy 5.3. Drainage channels should be designed to incorporate natural vegetation and be constructed to conform to the natural landscape; channelization of natural drainageways is strongly discouraged. F. O.Goal 6. The County shall encourage the eradication of noxious weeds in an environmentally sound manner,in compliance with state laws. 1. O.Policy 6.1. The County will maintain a public education program regarding the eradication of noxious weeds. G. O.Goal 7. Provision should be made for open space in order to enhance the quality of life and enjoyment of the environment. 1. O.Policy 7.1. When open space is not currently available or reasonably obtainable, mitigation should be encouraged as an alternative. H. O.Goal 8. Adequate parks and recreation facilities should be encouraged throughout the County and should be interconnected whenever suitable. I. O.Goal 9. Public open space should be promoted as a means for protecting from development those areas which have significant environmental, scenic or cultural value. 1. O.Policy 9.1. Compensation for the acquisition of privately owned land for public open space will be required. J. O.Goal 10. The private sector, non-County agencies and other governmental jurisdictions should be encouraged to participate in open space preservation and trails development in the County. 57 1. O.Policy 10.1. Development of trails should avoid negative impacts to critical wildlife habitat. K. O.Goal 11. Open space within a development should be connected to existing adjacent open space. (Weld County Code Ordinance 2002-6) .� Sec. 22-5-60. General resources. In this Comprehensive Plan, general resources has been divided into two (2) subcategories: Commercial/Mineral Resources which cover those minerals under Tide 34; and oil and gas minerals detailing oil and gas production in the County. (Weld County Code Ordinance 2002-6) Sec. 22-5-70. Commercial and mineral resources. A. This Section has been developed in conformance with Section 34-1-304, C.R.S. This Chapter is intended to provide appropriate goals and policies to utilize the County's mineral resources, ensuring that adverse environmental effects resulting from surface mining operations are minimized. The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials, such as sand and gravel,have an economic affect on the general construction and highway construction industry. B. In some instances, sites containing significant quantities of mineral deposits are located in areas characterized by other land uses and natural resources. Because the uncontrolled operation of a mine site has the potential for adversely affecting surrounding land uses, roads, residents and the environment, a specialized Use By Special Review Permit is required in accordance with Chapter 23 of this Code. C. As of 1987, the mineral resources known to be located in the County include sand and gravel, coal and uranium. The maps, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services, illustrate the wide distribution of minerals within the County. These mineral deposits vary greatly in quantity and quality. D. Most of the high-quality sand and gravel deposits in the County are found along major drainage, either under the floodplains or in adjacent stream terraces. Some lower quality deposits are found in older alluvial deposits. Aeonian sand deposits can be found in some upland areas. A major portion of the County is underlain with coal. This coal forms a portion of the Boulder-Weld field, which is included in the Denver Basin coal region. Portions of the County, north of Colorado State Highway 14, have been tested and have shown occurrences of uranium deposits. Currently, there are no producing uranium mine sites in the County. (Weld County Code Ordinance 2002-6) Sec. 22-5-80. Commercial and mineral resource deposits goals and policies. A. CM.Goal 1. Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law. 1. CM.Policy 1.1. Access to future mineral resource development areas should be considered in all land use decisions in accordance with state law. No County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. B. CM.Goal 2. Promote the reasonable and orderly development of mineral resources. 1. CM.Policy 2.1. The operation of a mine site in unincorporated Weld County shall be subject to obtaining a specialized Use By Special Review Permit in accordance with Chapter 23 of this Code. C. CM.Goal 3. Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. 1. CM.Policy 3.1. An application for a mine site located within the County should be reviewed in accordance with the goals and policies of the area in which the application is located. 2. CM.Policy 3.2. An application for a mine site will be reviewed in consideration of the cumulative impacts of the mining activity on surrounding land use and County infrastructure. D. CM.Goal 4. Minimize hazardous conditions related to mining activities and the mining site. 58 1. CM.Policy 4.1. In reviewing the operational and reclamation plans for a mining operation, the County should impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties as follows: a. CM.Policy 4.1.1. Require the location and design of excavated areas, structures, machinery, equipment storage and stockpiling of mined materials to be compatible with surrounding land uses in terms of general use, scale, density, traffic,dust and noise. b. CM.Policy 4.1.2. Maintain roadside and perimeter vegetation and setback requirements which serve to shield mining operations, including storage of equipment, stockpiled soils and materials from public view. c. CM.Policy 4.1.3. Require that access roads to and within the site be located in a manner which minimizes traffic impacts on surrounding land uses. d. CM.Policy 4.1.4. Require the land use applicant to demonstrate to the satisfaction of the Board of County Commissioners that the street or highway facilities providing access to the mining activity are adequate in functional classification, width and structural capacity to meet the requirements of the proposed mining activity. Internal road circulation, off-street parking,dust abatement, acceleration lanes, deceleration lanes, common access collection points, signalization and other traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the mining activity. Applications for mining should also be reviewed in accordance with the transportation goals and policies. e. CM.Policy 4.1.5. Require, where possible,that batch plants and processing equipment be buffered from adjacent uses. f. CM.Policy 4.1.6. Require appropriate security fencing be erected and maintained around extraction sites, as necessary, to minimize the attractive nuisance hazards inherent in operations located near urban uses. T. g. CM.Policy 4.1.7. Require mining operations to use warning signs, fences, guards, lighting and other means to warn and protect people from mine site hazards such as steep slopes, holes, ponds and heavy equipment. h. CM.Policy 4.1.8. Require all mining operations conform to federal, state and local environmental standards. E. CM.Goal 5. Provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code. 1. CM.Policy 5.1. The County should consider the potentially adverse environmental effects of mining operations. a. Disturbance of vegetation and overburden in advance of mining activities should be minimized. b. Topsoil should be saved and utilized in site reclamation. c. All reasonable and practical measures should be taken to protect the habitat of fish and wildlife. d. The operation should comply with County flood hazard and geological hazard regulations. e. The operator will maintain the reclaimed mine site until it has been stabilized and vegetation is reestablished. f. Trucking operations dealing exclusively in the transport of mined materials may be permitted on the mine site when incorporated in the operational plan for the mining operation. F. CM.Goal 6. The extraction of mineral resources should conserve the land and minimize the impact on surrounding land. (Weld County Code Ordinance 2002-6) 59 Sec.22-5-90. Oil and gas deposits. Oil and gas development in the County is an integral part of the County economy, and has a substantial direct and indirect impact on current and future land use. Oil and gas development is cyclical but the economics --� of drilling has caused extensive drilling activities in the County. (Weld County Code Ordinance 2002-6) Sec.22-5-100. Oil and gas goals and policies. A. OG.Goal 1. Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses. 1. OG.Policy 1.1. The County should encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators with respect to any developments of either the surface or the mineral estate. 2. OG.Policy 1.2. New Planned Unit Developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated. 3. OG.Policy 1.3. Oil and gas drilling activities should be planned to take into account current and future surface Planned Unit Development and subdivision activities to the extent such development can reasonably be anticipated. 4. OG.Policy 1.4. The County will seek the imposition of protective measures through available state, county and federal regulations to ensure that the mineral operator conducts operations in a manner which will minimize current and future environmental impacts. 5. OG.Policy 1.5. Oil and gas support facilities decisions which do not rely on geology for locations shall be subjected to review in accordance with the appropriate section of this Comprehensive Plan. 6. OG.Policy 1.6. Oil and gas exploration and production should be conducted in a manner which minimizes interference with existing surface use and mitigates the impact on future land uses. Well sites should be reclaimed and closed by techniques which ensure that the future use of the property is not impaired because of environmental or safety problems or the existence of improperly abandoned or unlocated equipment, such as wellheads or flowlines. B. OG.Goal 2. The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land. C. OG.Goal 3. Ground water contamination must be prevented by following state regulations for cementing wells, including injection wells, to prevent commingling of water, oil and gas into other formations. (Weld County Code Ordinance 2002-6) 60 Hello