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HomeMy WebLinkAbout20060945.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2006-4 was introduced on first reading on April 10,2006, and a public hearing and second reading was held on May 8, 2006. A public hearing and final reading was completed on June 12, 2006,with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2006-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE - PIONEEER COMMUNITIES, INC. EFFECTIVE DATE: June 26, 2006 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 16, 2006 PUBLISHED: June 21, 2006, in the Fort Lupton Press CHANGES MADE TO CODE ORDINANCE #2006-4 ON THIRD READING Amend Section 22-2-280 to read as follows: Sections A-G, no change. H. SE.MUD.P.Goal 6. 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 currently exists throughout the districts. I. SE.MUD.P.Goal 7. 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. . 7096-094/5 Amend Section 22-2-290 to read as follows: Sections A-F, no change. G. SE.MUD.T.Goal 5. Development shall work with Weld County Public Works to ensure that the appropriate infrastructure is in place to accommodate traffic impacts as development occurs. NOTICE OF FINAL READING OF PROOF OF PUBLICATION ORDINANCE Pursuant to the Weld County FORT LUPTON Home Rule i Ordinance ed STATE OF COLORADO Number e 2006-4 was introduced on first reading on April 10,2006,and a public hearing and second COUNTY OF WELD SS. reading was held on May 8,2006. A public hearing and final reading was completed on June 12,2006, with changes being made as listed below, and on motion duly made I, Karen Lambert, do solemnly swear that and seconded, was adopted. Effective date of sal°ordinance is am the Publisher of the Fort Lupton Press; listed below. Any backup material, exhibits or that the same is a weekly newspaper printed information previo°sly submitted to the Board of County and published in the County of Weld, State Commissioners concerning this of Colorado, and has a general circulation matter may be examined in the office of the Clerk to the Board of therein; that said newspaper has been County Commissioners,located in the Weld County Centennial published continuously and uninterruptedly Center, 915 10th Street, Third Floor, y Colorado,between in said county of Adams for a period of more the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may than fifty-two consecutive weeks prior to the be accessed through the Weld County Web Page firstpublication of the annexed legal notice messages E-Mail 9 messages sent to an individual or advertisement; that said newspaper has Commissioner may not be included in the case file. To been admitted to the United States mails as ensure inclusion of your E-Mail correspondence into the case second-class matter under the provisions of file, please send a copy to egesick@co.weld.co.us. the act of March 3, 1879, or any ORDINANCE NO.2006-4 amendments thereof, and that said ORDINANCE TITLE: IN THE is a weekly duly OF REPEALING AND newspaper newspaper er P P REENACTING, WITH AMENDMENTS, CHAPTER 22 qualified publishing ualified for ublishin legal notices and COMPREHENSIVE PLAN AND CHAPTER 26 MIXED USE advertisements within the meaning of the DEVELOPMENT, OF THE WELD COUNTY CODE - PIONEER laws of the State of Colorado. That the COMMUNITIES,INC. annexed legal notice or advertisement was EFFECTIVE DATE: June 26,2006 published in the regular and entire issue of BOARD OF COUNTY COMMISSIONERS every number of said weekly newspaper for WELD COUNTY,COLORADO the period of 1 consecutive insertion(s); and DATED:June 16,2006 that the first publication of said notice was in PUBLISHED: June 21, 2006, in the issue of newspaper, dated 21st day of the Fort Lupton Press June, 2006, and the last on the 21st day of CHANGES MADE TO CODE June, 2006. ORDINANCE#2006-4 ON THIRD READING Amend Section 22-2-280 to read as follows: Sections A-G,no change. H. SE.MUD,P,Goal 6. 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 currently exists throughout the districts. I. SE,MUD.P.Goal 7. Uses within the Southeast Weld MUD must recognize the current Weld County Regulations regarding spacing of buildings to oil and gas production '/`/nJ C_/-"r'I(/-- reufacilities. Adherence to this regulation assures compliance � ce - . `-- with this goal in that it will reduce Q.\ j the conflict between the mineral � Publisher. Subscribed and sworn before me, this the estate and surface estate. Amend Section 22-2-290 to read :' 16th day of June, 2006. as follows: Sections A-F,no change. G. SE.MUD.T.Goal 5. Development shall work with Weld ;p County ppc Works to ensure 4r5 h `'y,/^�that the appropriate infra to tra is \ l/- 'U`'f/ 46/02. ____ Is in place to accommodate traffic � / ��� impacts as development occurs. '� Notary Public. CASE NO.401951 key 29308 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2006-4 was introduced on first reading on April 10, 2006, and a public hearing and second reading was held on May 8, 2006, 2006, with changes being made. The full text of the Ordinance is shown below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley,Colorado 80631 on June 12,2006. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970)352-0242, prior to the day of the hearing if, as a result of a disability,you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center,915 10th Street,Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2006-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE - PIONEER COMMUNITIES, INC. DATE OF NEXT READING: June 12, 2006, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 12, 2006 PUBLISHED: May 17, 2006, in the Fort Lupton Press INCLUDES CHANGES MADE TO CODE ORDINANCE #2006-4 ON SECOND READING WELD COUNTY CODE ORDINANCE 2006-4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE - PIONEER COMMUNITIES, INC. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS,the Board has received a request from Pioneer Communities, Inc., to amend Chapter 22 Comprehensive Plan;and staff has recommended an amendment to Chapter 26 Mixed Use Development of the Weld County Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado,that the attached Future Land Use Map-Pioneer Communities, Inc., as authorized by Section 22-1-130 of the Weld County Code, be, and hereby is, incorporated into and amended to Chapter 22 Comprehensive Plan. BE IT FURTHER ORDAINED BY THE Board of County Commissioners that Chapter 22 Comprehensive Plan and Chapter 26 Mixed Use Development of the Weld County Code be, and hereby are, repealed and re-enacted,with amendments, and the various Chapters are revised to read as follows. CHAPTER 22 COMPREHENSIVE PLAN Change throughout Chapter 22, as appropriate - "1-25 Mixed Use Development area" to "Mixed Use Development areas" with appropriate tense changes "is" to "are", "this" to "these", "has been"to "have been", etc. Change throughout Chapter22,as appropriate- "Mixed Use Developments"to "Mixed Use Development areas". Change throughout Chapter 22,specifically Section 22-1-150, as appropriate- "Mixed Use Development Area Map" or "Mixed Use Development Area Structural Land Use Map 2.1" to "1-25 Mixed Use Development Area 2.1 Land Use Map"or "Southeast Weld Mixed Use Development Area Structural Land Use Map". Amend the following sections: 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, Mixed Use Development Area Plans, and Planned Unit Development Plans, contained in Chapters 19, 23, 24, 26 and 27 of this Code. B through D - No change. E. The Mixed Use Development Area Plans, Chapter 26, is the regulatory document defining regulations and minimum standards for development within two specifically defined geographical regions of the County. F - No change. 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. 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 Structural Land Use Map may be made without previously amending this Section 22-1-150, defining the criteria for such amendment. No change to remainder of section. Sec. 22-2-100. Urban growth. A through E - No change. F. The Mixed Use Development areas and urban growth nodes are identified areas of potential urban growth. The Mixed Use Development areas 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 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: No change to remainder of section. 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, Mixed Use Development areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. No change to remainder of section. Sec. 22-2-180. Residential development. A through F - No change. 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 area. See Section 22-2-210 and Chapter 27 for further information regarding Planned Unit Development. H - No change. Sec. 22-2-210. Planned Unit Development goals and policies. A - No change. 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, 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 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. No change to remainder of section. Sec. 22-2-220. Mixed Use Development areas and urban development nodes. A. The Mixed Use Development areas 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 and urban growth nodes land use principals, 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 Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, promotes appropriate levels of facilities and services for the Mixed Use Development areas. These components are defined in Chapter 26, Article II Section 26-2-20.C. of this Code. C. The MUD areas are at the center of existing and anticipated growth from the Denver Metro area. These commercial nodes will be important activity centers for much of the Front Range. Defining and shaping communities within the Mixed Use Development 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 within the Mixed Use Development areas. Sec. 22-2-230. General MUD Goals and policies. A. MUD.Goal 1. To plan and to manage growth and to provide for ease of inclusion in the 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. Mixed Use Development areas and urban development node should be established and delineated on the Structural Land Use Map. B - No change. 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 metropolitan district, water district, company, association, or municipality. No change to remainder of section. Sec. 22-2-240. 1-25 MUD Goals and Policies. A. l-25.MUD.Goal 1. Establish a sense of community identity within the 1-25 Mixed Use Development area by planning and managing residential, commercial, industrial, environmental, aesthetic and economic components of the area. 1. I-25.MUD.Policy 1.1. The MUD areas shall be delineated on the 1-25 MUD Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. 2. I-25.MUD.Policy 1.2. Developmentwithin the MUD areas shall adhere to the 1-25 Mixed Use Development Area Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, to direct future zoning and land use decisions. B. l-25.MUD.Goal 2. New development shall occur in a manner that assures an attractive working and living environment. 1. I-25.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. l-25.MUD.Policy2.2. 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. l-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. l-25.MUD.Policy 2.4. Adequate pedestrian passageways between and within developments and neighborhoods shall be encouraged. 5. l-25.MUD.Policy2.5. Sign regulations shall be strictly enforced within the MUD areas as outlined and defined in Chapter 23, Division 2 Signs, of this 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. l-25.MUD.Policy 2.7. New development shall be designed to complement the natural environment and exhibit a "campus-like" atmosphere. 8. I-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.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. 12. I-25.MUD.Policy 2.12. New development designs shall discourage continuous solid fencing adjacent to streets. C. I-25.MUD.Goal 3. Community form and identity shall be encouraged through the enhancement and preservation of natural resources and features. 1. I-25.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. I-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. I-25.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. I-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. I-25.MUD.Policy4.1. 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.Policy4.2. 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. Sec. 22-2-250. 1-25 MUD 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 1-25 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 1-25 MUD areas. C. I-25.MUD.P.Goal1. 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. I-25.MUD.P.Policy1.1. 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. I-25.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 1-25 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. I-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. I-25.MUD.P.Policy2.2. 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. I-25.MUD.P.Goal3. 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. 1. I-25.MUD.P.Policy3.1. Encourage the siting of schools near or adjacent to community parks, open spaces and trail systems. 2. I-25.MUD.Policy 3.2. Mitigate the cost of land acquisition and capital construction for essential community facilities to the fullest extent consistent with state law and identify any additional costs which will not be mitigated by the development as proposed. 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. I-25.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: a. Information which accurately identifies all users of the infrastructure improvements and maintenance; b. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; and c. 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.Policy4.3. 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 on-going operating and maintenance costs required to service such development and any associated impacts resulting from the development. Sec. 22-2-260. I-25 Transportation and 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 1-25 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. l-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. l-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. l-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. l-25.MUD.T.Goal 2. Promote a pedestrian trail system to service transportation and recreation purposes within the 1-25 MUD areas. E. I-25.MUD.T.Goal 3. New development within the 1-25 MUD areas shall provide a mechanism for balancing relevant fiscal and economic components of transportation systems. 1. l-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. l-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. l-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. l-25.MUD.T.Goal 4. As development occurs,the feasibility of a public transit system shall examined in the MUD areas. Add the following section: Sec. 22-2-270. Southeast Weld MUD area goals and policies. The Southeast Weld MUD reflects the anticipated growth within the 1-76 Corridor with many of the characteristics of a historical town pattern similar to communities that developed over time in the Northern Front Range. The following goals and policies are designed to allow for the efficient, economical, and logical development of this Mixed Use Development area. 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. 1. SE.MUD.Policy 1.1. New services to the area shall be encouraged to provide possible sources of augmentation water. 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. 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. 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. Use existing service providers and metropolitan districts, both existing and proposed,to provide the services needed to meet the phased needs of the Mixed Use Development in a timely manner. 2. SE.MUD.Policy 3.2. A central water system will provide water service to the residents and businesses through a 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. 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 Southeast Weld 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 shall encourage infill of existing commercial centers and support the growth of existing business in Keenesburg and Hudson. 3. SE.MUD.Policy4.3. Road and utility improvements shall be coordinated with the towns of Hudson and Keenesburg to ensure appropriate service to existing commercial development in the existing towns. Residential development within the Southeast Weld MUD will create employment opportunities and new demands for expanded and new retail and commercial uses for neighborhood-based services, not only within the MUD, but in the existing commercial cores of Hudson and Keenesburg. E. SE.MUD.Goal 5. 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 and utilizing efficient agricultural practices. 1. SE.MUD.Policy 5.1. 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. 2. SE.MUD.Policy5.2. Where feasible, drainage ways shall be maintained in their natural state to ensure natural re-charge. F. SE.MUD Goal 6. Improvements to the internal transportation network of the MUD must properly utilize any planned expansions of Weld County Roads 49 and 22. G. SE.MUD.Goal 7. 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. With the large setbacks 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 7.1. 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 8. Good design and community covenants shall control the appearance of the development. Add the following section Sec. 22-2-280. Southeast Weld MUD 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 area. 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.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. 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. New development shall avoid adverse impacts to surface and groundwater quality and shall implement techniques to conserve such resources. All MUD water supply systems shall be provided by a metropolitan district, rural water district, company, association or municipality. 43. SE.MUD.P.Policy 1.3. Provide for coordination of solid waste collection services, to include establishment of service standards, approved fee schedules and recycling requirements. D. SE.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. SE.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. 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. New development shall plan for areas of land adequate for school facilities conveniently placed central to residential neighborhoods and provide financial assistance to assist the school district in funding a portion of the capital construction of school 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 the 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 the use of mechanisms, such as Metropolitan Districts, 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: a. Information which accurately identifies all users of the infrastructure improvements and maintenance; b. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; and c. 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.Policy4.3. 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 on-going operating and maintenance costs required to service such development and any associated impacts resulting from the development. G. SE.MUD.P.Goal5. The siting of schools will occur near, or adjacent to,community parks, open spaces and trail systems. Add the following section Sec. 22-2-290. Southeast Weld MUD Transportation and 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 SEMUD area. 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. 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 economy within the MUD area. 1. SE.MUD.T.Policy 1.1. The County will plan and maintain a transportation system in the MUD area that unifies and coincides with state and other county,city and community transportation systems within and surrounding the MUD area. 2. 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. SE.MUD.T.Goal 2. Promote a pedestrian trail system to service transportation and recreation purposes within the MUD area. E. SE.MUD.T.Goal 3. Development within the MUD area shall provide a mechanism for balancing the costs of providing transportation systems. 1. SE.MUD.T.Policy3.1. 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. SE.MUD.T.Policy3.2. Establish a development fee program to collect a fair share dollars-per-trip contribution for constructing short- and long-term circulation improvements. 3. 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 area. F. SE.MUD.T.Goal4. As development occurs,the feasibility of a public transit system shall be examined in the MUD area. 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 currently 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. 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. Sec. 22-3-50. Public facility and service goals and policies. A through A.3 - No change 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, Mixed Use Development areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. 2 through 4 - No change. 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 of the MUD areas. Sec. 22-3-130. Rail transportation. A through C - No change. D. Potential for conflict exists between railroad lines and other land uses within urban growth boundaries and the 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. No change to remainder of Section. CHAPTER 26 MIXED USE DEVELOPMENT Change throughout Chapter 26- Change all references to maps to indicate whether"1-25 Mixed Use Development Area Structural Land Use Map" or "Southeast Weld Mixed Use Development Area Structural Land Use Map". Change throughout Chapter 26-All references to the Mixed Use Development area should be changed to plural, the Mixed Use Development Areas. ARTICLE I Mixed Use Development Areas Sec. 26-1-10. General. A. The Mixed Use Development areas (MUD areas) provide unique and challenging opportunities for the establishment of an on-going planning process in areas which are experiencing increased growth and development. The presence of an interstate and state highway system and the external growth pressures from the Longmont Metropolitan Area and the 1-76 Corridor have added to the interest in land development and population growth within these areas. The intent of this Chapter is to guide and implement planned land use changes in the MUD areas,particularly the conversion of rural lands to more intensive urban-type land uses. The regulations found in this Chapter are intended to be implemented by the land use and development policies in the Comprehensive Plan,Zoning Ordinance, Subdivision Ordinance and Planned Unit Development Ordinance,contained in Chapters 22,23, 24 and 27, respectively, of this Code. B. A list of common acronyms and abbreviations utilized in this Chapter is contained in Appendix 26-A. Sec. 26-1-20. Planning area boundaries. A. There are two planned areas for mixed use activities defined within unincorporated Weld County. One area is located along the 1-25 corridor while the other can be found in close proximity to the 1-76 corridor in Southeast Weld County. B. The 1-25 MUD area covers approximately fifteen thousand (15,000) acres with approximate boundaries at Weld County Road 1 on the west,Weld County Road 15 on the east, Weld County Road 32 on the north and Weld County Road 20 on the south. The planning area boundaries are shown on the 1-25 Mixed Use Development Area Structural Land Use Map and the Southeast Weld Mixed Use Development Area Structural Land Use Map, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services. C. The Southeast Weld MUD area is approximately 5,600 acres in size. It is located in southern Weld County along the transportation corridors of Weld County Roads 49 and 22, and is situated to participate in Weld County's future share of commercial, industrial and residential growth. The area is in close proximity to major regional economic generators such as Denver International Airport and the metropolitan areas of Denver and Greeley. The existing transportation links of 1-76 and its existing interchanges, and the County's commitment to Weld County Road 49 to serve as the County's only continuous north-south highway from Greeley to the south, east of Interstate 25, support the need to identify this area as an urban corridor. The planning area boundaries are shown on the Southeast Weld Mixed Use Development Area Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. Sec. 26-1-30. Amendment procedure. Individuals may submit a proposal to amend the MUD Structural Plans in accordance with the procedures set forth in Section 22-1-150 of this Code. Any applicant submitting a proposal to amend the 1-25 or Southeast Weld Mixed Use Development Structural Land Use Maps shall also submit a deed or legal instrument to the Department of Planning Services identifying their interest in the property. Sec. 26-1-40. Existing services. The MUD areas are intended to be areas which will accommodate development that may occur as a result of the planned infrastructure and services existing and developing. Appendix 26-B and Appendix 26-C display the existing service providers in the MUD areas. Sec. 26-1-50. PUD Districts in MUD areas. A. Intent. The PUD provisions shall be applied to all proposals for commercial, industrial and residential developments within the MUD areas,with the exception of those developments specifically called out and excluded in this Code. All PUD Districts in the MUD areas shall adhere to the procedures and requirements outlined in Chapter 27 of this Code. B. Exemptions from the PUD District Provisions. 1. The following uses are exempt from utilizing the PUD process within the MUD areas and will require a Use by Special Review (USR) application: a. Sand and gravel mining operations. b. Home businesses as defined in Chapter 23 of this Code. c. Agricultural service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis,including such uses as outlined in Section 23-3-40.B of this Code. d. Those uses which were legally created prior to the PUD requirement and located on a single legally created lot. 2. The following land use applications are exempt from utilizing the PUD process in the A (Agricultural) Zone District within the MUD areas: a. Recorded exemption in the A (Agricultural) Zone District. b. Subdivision exemptions. c. Amendments to recorded exemptions and subdivision exemptions. d. Zoning permits for mobile homes. e. Zoning permits for accessory dwellings. f. Manufactured home zoning permits. g. Certificate of compliance. h. Flood hazard and geologic hazard development permits. Sec. 26-1-60. General. A. Recent development and development pressures in the MUD areas have accelerated and reinforced the need for long-term approaches to planning. This increase in development has resulted in the creation of development standards to regulate these areas. These development standards shall apply to all structures and land within the MUD areas as shown on the 1-25 Mixed Use Development Area Structural Land Use and the Southeast Weld Mixed Use Development Area Structural Land Use, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services. These regulations provide development standards to implement the goals and policies in the Mixed Use Development Section of Chapter 22 of this Code. Sec. 26-1-70. Intent. A. The intent of these regulations is to ensure the compatibility of various land uses, buildings or structures within the MUD areas. These regulations are intended to allow flexibility and encourage creativity in development of the areas in regard to density, height of structures,setbacks and common open space. The development standards found in this plan are the minimal development standards allowed in the MUD areas. ARTICLE II I-25 MUD Sec 26-2-10. Development Standards. A. In the 1-25 MUD,land use designations are grouped into five(5)structural land use categories. These categories are conceptual designations and shall not be interpreted or construed to give rise to any vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein. B. Structural land use categories: 1. Employment centers. 2. Regional commercial. 3. Neighborhood centers. 4. Residential neighborhoods. 5. Limiting site factors. C. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined in Section 26-2-20 and are delineated on the 1-25 Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. The correlation of the categories to generalized zone districts as defined in Chapter 23 of this Code are outlined in Appendix 26-C. In all cases, Chapters 23, 24 and 27 should be consulted for clarification of specific requirements. Sec. 26-2-20. I-25 MUD Structural land use categories. A. Employment Centers. 1. The structural land use plan provides a unique opportunity to create major centers of new employment in the MUD areas, which are linked and orientated toward the network of regional and national roadways serving the area. Employment centers are oriented around major roadways to allow for goods and services to the traveling public. These centers may also accommodate high-intensity industrial uses which create minimal negative visual impacts. 2. Employment centers characteristically have high transportation impacts and environmental concerns such as noise, dust and pollution. Even with the associated impacts,these centers are intended to provide pleasant and safe environments for employees and visitors through planning and design standards. Outdoor eating and seating areas, pedestrian routes within parking lots and other pedestrian amenities should be provided for employees and visitors. Employment centers include, but are not limited to, the following activities and services in higher density commercial and industrial zone districts: a. Hotels and motels. b. Restaurants, including drive-in restaurants. c. Utility service facilities. d. Police and fire stations. e. Any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, as long as the use is conducted entirely within enclosed buildings. B. Regional Commercial Centers. Regional commercial centers are intended to provide safe, efficient areas offering convenience goods and services to residents of surrounding neighborhoods. These centers include commercial and industrial activities which are medium-intensity level and have few environmental and service-related impacts. Activities in these centers may include the following: 1. Retail shops. 2. Civic uses such as libraries, community centers and churches. 3. Service businesses such as offices. 4. Public facilities and utility service facilities. 5. Restaurants. 6. Retail and wholesale establishments. 7. Light manufacturing and research facilities. C. Neighborhood Centers. Neighborhood centers are established to provide convenience goods and services primarily for the residents of a specific neighborhood. These centers should be accessible via sidewalks, trails or greenways, creating identity for individual neighborhoods. Neighborhood centers characteristically have few environmental impacts and rely more upon service-related provisions, such as law enforcement and fire protection. New development within these centers shall,therefore, mitigate the impacts associated with its use. Neighborhood centers include, but are not limited to, the following activities and services: 1. Small parks. 2. Civic uses, such as places of worship, libraries and community centers. 3. Public facilities, such as schools. 4. Service businesses, such as smaller offices. 5. Residential mix. D. Residential. 1. Residential districts within this MUD area are encouraged to be cohesive, identifiable and diverse, while retaining the current agrarian lifestyle of residents in the area. The County encourages comprehensive and coordinated neighborhood design efforts in developments, especially with regard to circulation provisions, conservation of natural features and relationship to established neighborhood centers. The County also encourages diversity of housing types,including owner-occupied and rental housing, which serve all economic segments of the population and match local incomes and age groups. Higher residential densities shall be situated within close proximity to the designated neighborhood centers. Each neighborhood shall have an interconnected network of local streets that provide direct connections to local destinations. 2. The successful design and development of residential neighborhoods within this MUD area is essential for it to function efficiently and provide a sense of place and community identity. Developments are encouraged to incorporate design features which enhance the quality of the neighborhood and promote safety for its residents. An example of various design considerations for subdivisions is illustrated in Appendix 26-D. E. Limiting Site Factors. 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 this MUD area by providing corridors for trails and wildlife, and for the protection of natural resources, riparian habitats and natural features essential to the identity of this MUD area. 2. Land designated as having limiting site factors on the 1-25 Mixed Use Development Area Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, are primarily defined by the one-hundred-year floodplain (as defined by FEMA Flood Insurance Rate Maps), which comprises approximately four thousand five hundred (4,500) acres, or thirty-eight percent(38%) of the total designated area in this MUD area. Sites shown with limiting factors also incorporate other important natural features as well, including wildlife habitat,mature riparian areas,primary drainageways,and sand and gravel resources. Therefore,additional land containing limiting site factors is shown along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical,development within areas having limiting site factors shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity and to minimize negative impacts and alteration of natural features. Sec. 26-2-30. Common open space regulations. A. All Planned Unit Developments (PUDs)within the 1-25 MUD area shall preserve a portion of the site as common open space. Common open space is defined as any usable parcel of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners or occupants of land adjoining or neighboring such an area. Common open space includes landscape areas that are not occupied by buildings or uses, such as storage or services areas, private courtyards, parking lots and islands. In all PUD districts except for those containing residential uses, common open space may include landscape setbacks adjacent to roadways, where the setbacks are not utilized as parking or storage areas. Common open space is not to be included in the calculation of the maximum coverage per lot. The minimum percentages of land in each development devoted to common open space is listed in Appendix 26-E. Department of Planning Services' staff reserves the ability to evaluate development design proposals with less common open space than listed in Appendix 26-E. Staff will determine if the proposed common open space meets the intent of the requirements in this Chapter. B. Common open space shall be delineated in the sketch plan phase of the PUD process. See the example in Appendix 26-F. In areas preserved as common open space, a detailed description of the types of grass and landscaping which will be utilized and the maintenance schedule for such landscaping shall be submitted to the Department of Planning Services. C. Cash-in-lieu of Common Open Space Regulation. In lieu of the preservation of land for on-site common open space,and subject to the discretion of the Board of County Commissioners, the applicant may utilize the cash-in-lieu of common open space option outlined in Section 27-6-80.B.8 with terms defined in Chapter 27,Article II of this Code. This option shall be outlined in the sketch plan application to the Department of Planning Services. Sec. 26-2-40. Maximum lot coverage regulations. All land use applications in the 1-25 MUD area shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage is defined as the maximum percent of the total area of a lot in a zone district that shall be covered by any structure. Land shall not be deemed covered if it is used for growing grass,shrubs,trees, plants or flowers; it is covered by decorative gravels or wood chips; or it is otherwise suitably landscaped. The percentage of coverage on a lot shall not include the area of the lot or development designated as common open space as outlined in Appendix 26-E. The percentages outlined in Table 26.1 below shall be deemed the maximum lot coverage for each zone district within the I-25 MUD area. Table 26.1 Maximum Lot Coverage in the 1-25 MUD Area Percent of Zone District within the Maximum Lot PUD District Coverage C-1,C-2, C-3, C-4, I-1, 1-2, 1-3 85% R-1, Estate,A* 50% R-2, R-3, R-4, R-5 60% *Agricultural zone districts in platted areas. Sec. 26-2-50. Landscaping regulations. A. Intent. Landscaping is extremely important for ensuring the quality of development in the 1-25 MUD areas. Trees, shrubs and other plantings add greatly to the aesthetic appeal while controlling erosion, reducing glare, lowering temperatures, buffering sounds and blocking or diverting wind. As no single landscaping plan can be prescribed for all developments due to differing land features,topology and soils, the County allows flexibility and encourages creativity in landscape designs. Landscaping must be sensitive to the characteristics and maintenance requirements of the planting selected. Species must be chosen that are hardy for the climate and soil conditions in the MUD areas, that can tolerate traffic, that are resistant to disease and insects, and which can be maintained. The following landscaping standards set minimum requirements for all developments within the MUD areas. B. Design Criteria. 1. Landscapes shall utilize the following principles for maximum use of water: a. Well-planned and approved planting schemes. b. Appropriate selection of drought-tolerant turf species to minimize water needs and the use of water-hungry species of turf. c. Mulch to reduce evaporation d. Zone plant groupings according to its microclimatic needs and water requirements e. Improvement of the soil with organic matter, if needed f. Efficient irrigation design g. Proper maintenance and irrigation scheduling. 2. Landscapes shall consist of a variety of species. A partial list of plant materials that are native or adapted to Colorado's Front Range is included in Appendix 26-G. Plant materials that are discouraged within this area include: a. Cotton-bearing cottonwoods (Populus). b. Siberian and Chinese elm (Ulmus). c. Tree of Heaven (Allianthus). d. Russian olive (Eleagnus angustifolia). e. Purple loosestrife (Lythrum salicaria). f. All plants identified as noxious plants in Chapter 15 of the Weld County Code. 3. Buildings and parking areas shall be located to preserve and promote the health of existing trees. The applicant shall be responsible for locating and preserving,where feasible, all individual trees of four-inch caliper in size or larger,and massed groups of small trees. Before construction,the following precautions shall be taken to preserve quality trees: a. The applicant shall submit to the Department of Planning Services, a detailed Landscape Plan delineating the existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscaping elements. The Plan shall show where landscaping exists or will be located, along with planting and construction details. Where existing plantings are to be retained,the applicant shall include in the plans proposed methods of protecting the plantings during construction. b. The applicant shall demonstrate to the Department of Planning Services that the maximum possible landscaping was preserved or relocated through the development process. c. Heavy equipment shall be kept at least five (5) feet from tree drip lines to prevent tree roots from being damaged. 4. Whenever the use of the property to be developed or redeveloped will conflict with the use of adjoining property,there shall be an opaque planted screen between the two (2) properties. The screen shall moderate the impact of noise, light, aesthetic concerns and traffic. 5. All landscaping shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and noninvasive shall be used. 6. Fescue, brome/fescue or other turf types shall be used in lieu of bluegrass where heavy foot traffic is not anticipated. Seeding versus sodding of all turf types is preferred when the growing season allows for adequate germination and establishment of the turf to sufficiently control erosion. 7. Landscaped areas shall be configured to maximize interconnectivitywithin the site, to natural areas and landscaped areas within existing or future adjacent development. Small isolated islands of landscaping, except as required in parking lots and for screening along roadways,shall be avoided. Open space shall be provided where significant natural features exist. C. Landscaping Requirements for Parking Lots. 1. At least ten percent(10%)of the area of a parking lot must be landscaped if the lot contains ten(10)or more spaces. This requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent(75%)of the required landscape area shall include living plant material. 2. Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height, depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. See Appendix 26-H. 3. Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. 4. A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five feet by five feet (5' X 5'). Trees should be distributed throughout the parking area; however, they shall be placed so they do not obstruct visibility for cars and pedestrians. Generally, every tenth parking space should be delineated with a planting island in addition to the five percent (5%). See Appendix 26-J. 5. Loading,service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats, fabric or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen. D. Landscaping Requirements along Roadway Corridors. 1. Intent. The major roadway corridors within this MUD area are 1-25, State Highway 119,State Highway 66,Weld County Road 1 and all strategic roads as delineated by the Weld County Strategic Roadways. These roadways play an important role in the function and image of the MUD areas. The following design standards relate to the visual quality of these four (4) roadways. As the MUD areas develop, additional roadways may require similar consideration as these existing major roadway corridors. This determination will be made by the Department of Public Works and the Colorado Department of Transportation. All roadways that are not considered major roadway corridors are considered secondary roadways. 2. Design Criteria. a. Plantings along road rights-of-way shall be integrated with the rest of the site. b. That portion of a lot in any zone district which abuts a public or private road right-of-way shall be landscaped with a minimum two-and-one-half-inch (2-1/2") caliper shade tree or six-foot (6') minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot, for every forty (40) linear feet of street frontage. Trees may be grouped with a maximum distance of one hundred feet (100') between trees or groupings, with exceptions made at entrance drives. c. A minimum landscape setback along 1-25,State Highway 119 and all strategic roads and subsequent frontage roads,shall be fifty feet(50') measured from the existing or planned future right-of-way. d. Along 1-25,State Highways 119 and 66,Weld County Road 1,and all strategic roads,tree planting distances shall be clustered or grouped from the roadway to avoid a straight line of trees. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds(two or more rows of plant material rather than a single row). A mix of coniferous and deciduous trees and shrubs shall be planted in clusters or groupings. e. Applicants adjacent to 1-25, State Highway 119, and/or strategic roads shall construct a berm along the highway with maximum 5:1 side slopes to a height sufficient to screen ground plane development (parking lots, storage areas or other similar site elements) as far as one hundred eighty(180)feet from the right-of-way line(fifty feet of landscape setback plus one hundred thirty feet of site development). The maximum height berm required shall be six (6) feet above the existing elevation in the location of the berm. If needed, additional height beyond that which can be achieved with a six-foot-high berm shall be achieved through dense landscape plantings. Plantings on top of berms shall be designed so as to not create snow traps. A berm may not be required if the subject property is elevated above the roadway and it can be demonstrated that views into the site will not be possible for a distance of one hundred eighty (180) feet. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. f. There shall be a minimum twenty-five-foot-wide landscape setback along State Highway 66, Weld County Road 1, and all strategic roads, measured from the existing or planned future right-of-way. g. There shall be a minimum twenty-foot-wide(20')landscape setback measured from the existing or planned future right-of-way to any parking lot,fencing,storage area or structure. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. h. Appendices 26-M through 26-P illustrate the proposed character, berming and landscape setbacks for the 1-25 and State Highway 119 corridors. Sec. 26-2-60. Transportation and circulation regulations. A. Intent. As transportation demands increase in the 1-25 MUD area, the need to preserve the functional integrity and hierarchy of the existing roadways and provide new roadway capacity is increasingly important. The purpose of this Section is to provide for the planning, design and construction of improvements to new and existing roadway facilities consistent with Chapters 22, 23, 24 and 27 of this Code. The intent of these standards is to provide a certain level of performance. Consequently,if it can be shown that an alternate design,material or procedure will provide performance equal to, or better than, the required design, material or procedure, that alternate may be approved by the Director of Public Works. B. Traffic Impact Analysis. All significant developments within the MUD areas shall be required to prepare a traffic impact analysis. All traffic analysis information and reports shall be prepared and certified to by a Registered Professional Engineer competent in traffic engineering. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation and improvements necessary to offset a specific project's impacts. The County may require the developer to pay a proportionate share of the costs of said improvements through an Improvements Agreement. All traffic impact analysis shall contain,as a minimum, the following information: 1. Introduction: Describe the proposed development and parameters of the study area. 2. Existing Conditions: a. The street capacity standard in the MUD areas is Level of Service C and the intersection capacity is Level of Service D. b. Conduct a.m.and p.m.peak hourturn movements and average daily traffic counts for intersections and links within the study area,if there are no available counts collected within the previous twelve (12) months. c. Conduct a peak-hour intersection level of service analysis for the intersections. d. Determine whether the existing daily traffic volumes exceed the arterial daily volume standards as identified in the MUD street standards for major arterial, arterial, secondary, collector and local streets presented in Appendix 24-E, Roadway Cross-Sections. These standards delineate right-of-way,lane configurations,median treatment, bike lanes and pedestrian sidewalks. 3. Cumulative Conditions: a. Identify previously approved or anticipated developments that may affect the study area's circulation system. b. Generate, distribute and assign traffic to the existing roadway network. c. Determine annual growth rates and project future traffic volumes for the time frame corresponding to project build-out. d. Identify funded circulation improvements, both public and private,that will be constructed, prior to the proposed development's occupancy. e. Conduct a peak hour intersection level of service analysis and compare daily volume forecasts to street standards assuming cumulative developments, annual growth rates and funded improvements. f. Determine mitigation measures to offset cumulative conditions if level of service exceeds the MUD areas standards. 4. 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 with County staff. 5. Trip Distribution: Based on assumptions contained in the MUD areas traffic analysis or market estimates, describe the anticipated trip distribution patterns for the proposed development. 6. 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. 7. Existing + Committed + Project (E+C+P) Traffic Volumes and Level of Service: a. Add project a.m. and p.m. peak hour and daily traffic volumes to existing plus committed traffic volumes. b. Conduct intersection level of service analysis and determine whether daily traffic volumes exceed street standard thresholds. 8. Signal Warrant Analysis: a. The 1-25 MUD Transportation Network Map 2.2,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, identifies future locations for signalization. Signals,however,should not be installed prior to when they are needed. b. Using the AASHTO Manual on Uniform Traffic Control Devices (MUTCD),determine whether proposed intersection volumes exceed signal warrants for those locations on the transportation network where signals are proposed. 9. Access: Projects involving access to the state highway system shall indicate appropriate conformance to the latest revisions of the State Highway Access Code. The report shall discuss how the proposed development meets the access control guidelines as presented in Section 4.4.2 of the MUD Background Document, available at the Department of Planning Services. 10. Mitigation Measures: Mitigation measures will be to implement the needed improvements to offset project impacts as determined by the traffic impact analysis. C. Design Standards. 1. All development within the MUD areas shall comply with Chapters 22,23,24 and 27 of this Code and the Colorado State Highway Access Code, 2 CCR 601-1. Consistent with the urban-scale development standards in the MUD areas, all parking areas for commercial and industrial development shall be paved according to geometric and road structure design standards. 2. Geometric Design Standards. Geometric design for streets and roads shall be in accordance with A Policy on the Geometric Design of Highways and Streets published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria published by the other governmental agencies, professional organizations or generally accepted authoritative source may be used in geometric design. All specifications, standards, or design criteria shall be referenced and copied as part of the submittal information. 3. Road Structure. Structural capacity shall be designed in accordance with the Guide for Design of Pavement Structures published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria published by other governmental agencies, professional organizations or generally accepted authoritative source may be used in design. All specifications, standards or design criteria shall be referenced and copied as part of the submittal information. All roads shall adhere to the standards set forth in Chapter 24, Article VII of this Code. 4. Structural Road Improvements. Adjacent roadways shall be designed to meet the full typical section specified in the County Transportation Plan and Chapter 24 of this Code. For example, improvements may include the construction of travel lanes,shoulders, bike lanes,medians,curb,gutter and sidewalks. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system, as determined by a professional transportation study. The road improvements agreement and roadway construction plans shall be considered by the Board of County Commissioners. D. Circulation System. 1. The proposed MUD circulation system is presented at Map 2.2, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. The transportation network reflects a hierarchy of roads, from a major arterial which serves both the regional and local traffic with higher speeds and capacities with controlled private access, to a collector which serves local traffic and provides access to future development. The proposed hierarchy of roads includes both reconstruction and/or widening of existing roads and alignments for new roads. The transportation network also identifies locations of future signals. 2. The MUD roadway cross-sections are identified in Appendix 24-E, Roadway Cross-Sections, of this Code. Roadway classifications may change as development in the MUD areas occurs. Roadway classifications may be re-evaluated by the Director of Public Works with the results of the traffic impact analysis. Sec. 26-2-70. Sign district regulations. A. Intent. Within the 1-25 MUD areas, signage has become an increasingly important issue,especially along traffic corridors such as 1-25 and State Highway 119. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract drivers. Signage controls are intended to protect and preserve the visual quality of the roadways within the 1-25 MUD areas while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the 1-25 MUD area. These regulations can be found in Section 23, Article IV of this Code. Sec. 26-2-80. Utility, infrastructure and public facility regulations. A. Intent. By their nature, most utility services are highly regulated. This regulation encompasses ownership, financing, competition, cost recovery, construction, environmental protection and safety. Given this regulatory and legal environment, well-established federal, state, county and industry standards/codes exist which govern most aspects of utility service. The intent of this Section is to provide additional regulations and standards for water supply to meet fire flow demands and solid waste collection service, and to provide standards for public facilities and services throughout the MUD areas. B. Water Supply and Sewage Disposal. The specifications of water supply requirements for fire protection within the 1-25 MUD areas are provided by the Mountain View Fire Protection District. The Mountain View Fire Protection District shall be consulted concerning its fire requirements. Chapter 22 of this Code specifies that the water supply system serving a proposed development site orzone district must deliver a minimum of five hundred (500) gallons per minute at twenty (20)pounds per square inch residual pressures for thirty(30)minutes. The St.Vrain Sanitation System, a private sanitation system, shall service all sewage disposal within the 1-25 MUD areas for uses except those specifically exempted from the PUD process in Section 26-2-60 of this Chapter. C. Solid Waste. Residential and commercial solid waste collection services in the area shall be arranged directly between solid waste disposal firms and property owners/managers. Solid waste disposal shall be accomplished by collection firms at licensed disposal facilities. D. Storm Drainage Design and Technical Criteria. The County does not publish technical data or storm drainage design manuals. The consulting engineer for the developer is to use published material by a generally accepted authority approved by the Director of Public Works. The material used must be referenced and copied as part of the submittal information. All development within the MUD areas shall adhere to the Storm Drainage Design and Technical Criteria regulations in Section 24-7-130 of this Code. ARTICLE III Southeast Weld MUD Sec. 26-3-10. Development Standards. Recent activity in the Southeast Weld MUD area has accelerated and reinforced the need for long-term approaches to planning. This increase in development has resulted in the creation of development standards to regulate these areas. These development standards shall apply to all structures and land within the MUD areas as shown on the Southeast Weld Mixed Use Development Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. These regulations provide development standards to implement the goals and policies in the Mixed Use Development section of Chapter22 of this Code. Sec. 26-3-20. Intent. The intent of these regulations is to ensure the compatibility of various land uses, buildings or structures within the Southeast Weld MUD area. These regulations are intended to allow flexibility and encourage creativity in development of the areas in regard to density, height of structures, setbacks and common open space. The development standards found in this plan are the minimal development standards allowed in the Southeast Weld MUD area. A. This MUD area will be a balanced and sustainable community that integrates the traditional rural heritage of Weld County into all aspects of the community. It is the intent of the area to fit within the landscape of southern Weld County by preserving prime irrigated agricultural land for use by local farmers and by providing a transition of land uses that focus the high densities in the center and lower densities along the perimeter, and by incorporating a prairie style character into the theme of the community. B. This MUD area will include a variety of land uses that are organized around a passive and active open space system and an ongoing agricultural element. There will be a diversity of housing types enabling citizens from a wide range of economic levels and age groups to live within the community,as well as some commercial and retail services, to address the needs of the residents. C. Neighborhoods within this MUD area will vary within the community and may include one-acre cluster lots adjacent to existing agricultural areas and traditional single-family lots, as well as areas for higher density town homes. The character of the neighborhood commercial services shall be reminiscent of that found in rural communities throughout the west: limited public ancillary facilities,such as a library satellite facility and/or fire station; a grange hall for local gatherings or farmer's markets, agricultural businesses and other neighborhood convenience services and businesses; as well as a variety of high to higher density housing. Sec. 26- 3-30. Southeast Weld MUD Structural Land use categories. In the Southeast Weld MUD area, land use is grouped into four categories. These categories are conceptual and not intended or construed to give rise to any vested rights in the continuation of any particular use,district,zoning classification or any permissible activities therein. A. Structural land use categories: 1. Neighborhood centers. 2. Residential neighborhoods. 3. Agricultural lands. 4. Limiting site factors. B. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined in Section 26-2-30 and are delineated on the Southeast Weld Mixed Use Development Area Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's Office and the Department of Planning Services. The correlation of the categories to generalized zone districts as defined in Chapter 23 of this Code are outlined in Appendix 26-C. In all cases, Chapters 23, 24 and 27 should be consulted for clarification of specific requirements. C. Contiguous open space that provides a balanced mix of active and passive recreational opportunities will be an integral element of this MUD area and will be clustered in order to provide for meaningful open space corridors,which will include an extensive trail system that links the neighborhoods to local amenities, such as schools and parks. D. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined as follows,and are delineated on the Southeast Weld Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. The correlation of the categories to generalized zone districts as defined in Chapter 23 of this Code are outlined in Appendix 26-C. In all cases, Chapters 23,24,and 27 should be consulted for clarification of specific requirements. 1. Neighborhood centers. a. A commercial center created in the heart of the Southeast Weld MUD will serve the neighborhood commercial and retail needs of the community. This commercial center should be consistent in character of communities throughout the West. b. The commercial centers are intended to provide safe,efficient areas offering convenience goods and services to residents of surrounding neighborhoods. These centers include commercial and industrial activities which are medium-intensity levels and have few environmental and service-related impacts. c. Integrated commercial centers shall be appropriately located and scaled to improve the livability of residential neighborhoods. Commercial uses should not exceed a 0.25 floor area ratio. Uses may include the following: 1) Banks. 2) Day care centers. 3) Service businesses and offices. 4) Personal service establishments. 5) Restaurants. 6) Retail sales, including retail and wholesale establishments. 7) Civic and cultural facilities. 8) Places of worship. 9) Clubhouse and recreational facilities. 10) Public gathering areas. 11) Public facilities and utility service facilities. d. Site design techniques should be incorporated that provide convenient vehicular and pedestrian access to the neighborhood commercial areas from adjacent residential neighborhoods. 2. Residential neighborhoods. a. Residential districts within this MUD area are encouraged to be cohesive,identifiable and diverse,while retaining the current agrarian character of residents in the area. The County encourages comprehensive and coordinated neighborhood design efforts in developments, especially with regard to circulation provisions, conservation of natural features and relationship to established neighborhood centers. The County also encourages diversity of housing types,including owner-occupied and rental housing,which serve all economic segments of the population and match local incomes and age groups. Higher residential densities shall be situated within close proximity to the designated neighborhood centers. Each neighborhood shall have an interconnected network of local streets that provide direct connections to local destinations. b. Residential development within this MUD is clustered in such a way as to protect and preserve large contiguous areas of open space, prime irrigated agricultural land, important natural resources and scenic views. The intent is to include a mix of densities to create variation and options within the neighborhoods being created,ranging from low density rural estate lots (1 dwelling unit per acre) up to medium density areas(10 dwelling units per acre)envisioned within and near the center or core area as defined by the intersection of Weld County Roads 49 and 22. Appropriate neighborhood commercial services permitted under the Comprehensive Plan's definition of"Residential"will be located at this general intersection. All uses within the Residential land use category will utilize public sewer service. c. The residential diversity incorporates single-family detached homes, single-family cluster,attached single-family homes and multi-family homes. The community elements of a neighborhood,such as active parks, passive open space, public and civic facilities, including but not limited to, schools, utilities, roadways, fire protection, law enforcement and places of worship,will be permitted uses within the residential land use designation. All uses will have good pedestrian connectivity and accessibility. d. The successful design and development of residential neighborhoods within this MUD area is essential for it to function efficiently and provide a sense of place and community identity. Developments are encouraged to incorporate design features which enhance the quality of the neighborhood and promote safety for its residents. An example of various design considerations for subdivisions is illustrated in Appendix 26-D. These neighborhoods should be accessible via sidewalks, trails or greenways, creating identity for individual neighborhoods. Residential areas characteristically have few environmental impacts and rely more upon service-related provisions such as law enforcement and fire protection. New development within these locations shall, therefore, mitigate the impacts associated with its use. Residential neighborhoods include, but are not limited to, the following activities and services: 1) Small parks. 2) Civic uses, such as places of worship, libraries and community centers. 3) Schools. 4) Residential. 5) Public facilities and utility service facilities. 3. Agricultural lands. a. Approximately 1,400 acres of this MUD area will remain agricultural. Lands that are currently irrigated and have the necessary soil characteristics will continue to be used for agriculture purposes. Through the use of alternative irrigation methods, the identified agricultural lands will remain a viable and important asset to Weld County. The effluent from the proposed treatment facility located in this MUD area will be a source of water that can be managed as part of a re-use management plan that will make water available for irrigation within this MUD area, as well as the potential for providing some assistance for the agricultural property and agricultural wells within the Box Elder basin. The water that will serve this MUD must be treated and released in Weld County, providing a source of groundwater recharge that can be a benefit for agricultural wells and crop producing areas within Weld County. b. Utility service facilities may be provided within the areas designated as agricultural. 4. Limiting site factors. a. Areas comprised of limiting site factors contain certain physical elements that obstruct, or are hazardous to, certain types of development. These physical elements include 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 this MUD area by providing corridors for trails and wildlife, and for the protection of natural resources, riparian habitats and natural features essential to the identity of the this MUD area. b. Land designated as having limiting site factors on the Southeast Weld Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, are primarily defined by the one-hundred-year floodplain (as defined by FEMA Flood Insurance Rate Maps). Sites shown with limiting factors also incorporate other important natural features as well, including wildlife habitat, mature riparian areas, primary drainageways and sand and gravel resources. Therefore,additional land containing limiting site factors is shown along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical,development within areas having limiting site factors shall be located to preserve the natural features of the site,to avoid areas of environmental sensitivity and to minimize negative impacts and alteration of natural features. Sec. 26-3-40. Common open space regulations. A. All Planned Unit Developments(PUDs)within the MUD area shall preserve a portion of the site as common open space. Common open space is defined as any usable parcel of land or water essentially unimproved and set aside,dedicated,designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners or occupants of land adjoining or neighboring such an area. Common open space includes landscape areas that are not occupied by buildings or uses,such as storage or services areas, private courtyards, parking lots and islands. In all PUD districts except those containing residential uses,common open space may include landscape setbacks adjacent to roadways,where the setbacks are not utilized as parking or storage areas. Common open space is not to be included in the calculation of the maximum coverage per lot. The minimum percentages of land in each development devoted to common open space is listed in Appendix 26-E. Department of Planning Services'staff reserves the ability to evaluate development design proposals with less common open space than listed in Appendix 26-E.Staff will determine if the proposed common open space meets the intent of the requirements in this Chapter. B. Common open space shall be delineated in the sketch plan phase of the PUD process. See Appendix 26-F. In areas preserved as common open space, a detailed description of the types of grass and landscaping which will be utilized and the maintenance schedule for such landscaping shall be submitted to the Department of Planning Services. C. Cash-in-lieu of common open space regulation. In lieu of the preservation of land for on-site common open space, and subject to the discretion of the Board of County Commissioners, the applicant may utilize the cash-in-lieu of common open space option outlined in Section 27-6-80.6.8 with terms defined in Chapter 27,Article II of this Code. This option shall be outlined in the sketch plan application to the Department of Planning Services. Sec. 26-3-50. Maximum lot coverage regulations. All land use applications in the Southeast Weld MUD area shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage is defined as the maximum percent of the total area of a lot in a zone district that shall be covered by any structure. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers; if it is covered by decorative gravels or wood chips; or if it is otherwise suitably landscaped. The percentage of coverage on a lot shall not include the area of the lot or development designated as common open space as outlined in Appendix 26-E. The percentages outlined in Table 26.2 below shall be deemed the maximum lot coverage for each zone district within the Southeast Weld MUD area. Table 26.2 Maximum Lot Coverage in the Southeast Weld MUD area Zone District within the Percent of Maximum PUD District Lot Coverage C-1, C-2 85% R-1 50% R-2, R-3, R-4, R-5 60% Estate,A 30% Agricultural zone districts in platted areas. Sec. 26-3-60. Landscaping regulations. A. Intent. Landscaping is extremely important for ensuring the quality of development in the Southeast Weld MUD area. Trees,shrubs and other plantings add greatly to the aesthetic appeal while controlling erosion,reducing glare,lowering temperatures, buffering sounds and blocking or diverting wind. As no single landscaping plan can be prescribed for all developments due to differing land features,topology and soils, the County allows flexibility and encourages creativity in landscape designs. Landscaping must be sensitive to the characteristics and maintenance requirements of the planting selected. Species must be chosen that are hardy for the climate and soil conditions in the Southeast Weld MUD area,can tolerate traffic,are resistant to disease and insects, and which can be maintained. The following landscaping standards set minimum requirements for all developments within the MUD areas. B. Design criteria. 1. Landscapes shall utilize the following principles for maximum use of water: a. Well-planned and approved planting schemes. b. Appropriate selection of drought-tolerant turf species to minimize water needs and the use of water-hungry species of turf. c. Mulch to reduce evaporation. d. Zone plant groupings, according to their microclimatic needs and water requirements. e. Improvement of the soil with organic matter if needed. f. Efficient irrigation design. g. Proper maintenance and irrigation scheduling. 2. Landscapes shall consist of a variety of species. A partial list of plant materials that are native or adapted to Colorado's Front Range is included in Appendix 26-G. Plant materials that are discouraged within this area include: a. Cotton-bearing cottonwoods (Populus). b. Siberian and Chinese elm (Ulmus). c. Tree of Heaven (Allianthus). d. Russian olive (Eleagnus angustifolia). e. Purple loosestrife (Lythrum salicaria). f. All plants identified as noxious plants in Chapter 15 of the Weld County Code. 3. Buildings and parking areas shall be located to preserve and promote the health of existing trees. The applicant shall be responsible for locating and preserving,where feasible, all individual trees of four-inch caliper in size or larger,and massed groups of small trees. Before construction,the following precautions shall be taken to preserve quality trees: a. The applicant shall submit to the Department of Planning Services a detailed Landscape Plan delineating the existing and proposed trees, shrubs,ground covers, natural features,such as rock outcroppings, and other landscaping elements. The Plan shall show where landscaping exists or will be located, along with planting and construction details. Where existing plantings are to be retained,the applicant shall include in the plans proposed methods of protecting the plantings during construction. b. The applicant shall demonstrate to the Department of Planning Services that the maximum possible landscaping was preserved or relocated through the development process. At least fifteen percent (15%) of the overall site must be landscaped. See Appendix 26-F. c. Heavy equipment shall be kept at least five (5) feet from tree drip lines to prevent tree roots from being damaged. 4. Whenever the use of the property to be developed or redeveloped will conflict with the use of adjoining property,there shall be an opaque planted screen between the two (2) properties. The screen shall moderate the impact of noise, light, aesthetic concerns and traffic. 5. All landscapes shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and noninvasive shall be used. 6. Fescue, brome/fescue or other turf types shall be used in lieu of bluegrass where heavy foot traffic is not anticipated. Seeding versus sodding of all turf types is preferred when the growing season allows for adequate germination and establishment of the turf to sufficiently control erosion. 7. Landscape areas shall be configured to maximize its interconnectivitywithin the site, to natural areas and to landscape areas within existing or future adjacent development. Small isolated islands of landscaping, except as required in parking lots and for screening along roadways,shall be avoided. Open space shall be provided where significant natural features exist. C. Landscaping requirements for parking lots. 1. At least ten percent(10%)of the area of a parking lot must be landscaped if the lot contains ten(10)or more spaces. The requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent(75%)of the required landscape area shall include living plant material. 2. Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. See Appendix 26-H. 3. Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. 4. A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five feet by five feet (5' X 5'). Trees should be distributed throughout the parking area; however, they shall be placed so they do not obstruct visibility for cars and pedestrians. Generally, every tenth parking space should be delineated with a planting island in addition to the five percent (5%). See Appendix 26-J. 5. Loading,service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats, fabric or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen. D. Landscaping requirements along roadway corridors. 1. Intent. The major roadway corridors within the Southeast Weld MUD area are Weld County Roads 22 and 49,and all strategic roadways delineated by Weld County Strategic Roadways. The major Weld County roadway corridors are Weld County Roads 49 and 22. These roadways play an important role in the function and image of the Southeast Weld MUD area. The following design standards relate to the visual quality of these roadways. As the MUD areas develop, additional roadways may require similar consideration as these existing major roadway corridors. This determination will be made by the Department of Public Works and the Colorado Department of Transportation. All roadways that are not considered major roadway corridors are considered secondary roadways. 2. Design criteria. a. Plantings along road rights-of-way shall be integrated with the rest of the site. b. That portion of a lot in any zone district which abuts a public or private road right-of-way shall be landscaped with a minimum two-and-one-half-inch caliper shade tree or six-foot minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot, for every forty (40) linear feet of street frontage. Trees may be grouped with a maximum distance of one hundred (100) feet between trees or groupings, with exceptions made at entrance drives. c. A minimum landscape setback along Weld County Roads 49 and 22, and the subsequent frontage roads shall be fifty(50)feet measured from the existing or planned future right-of-way. d. Along Weld County Roads 49 and 22,tree planting distances shall be clustered or grouped from the roadway to avoid a straight line of trees. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds(two or more rows of plant material rather than a single row). A mix of coniferous and deciduous trees and shrubs shall be planted in clusters or groupings. e. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. f. There shall be a minimum twenty-five-foot-wide landscape setback along Weld County Roads 22 and 49,measured from the existing or planned future right-of-way. g. There shall be a minimum twenty-foot-wide landscape setback measured from the existing or planned future right-of-way to any parking lot,fencing,storage area or structure. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. h. Appendices 26-M through 26-P illustrate the proposed character, berming and landscape setbacks for the roadway corridors. Sec. 26-3-80. Transportation and circulation regulations. A. Intent. As transportation demands increase in the MUD areas,the need to preserve the functional integrity and hierarchy of the existing roadways and provide new roadway capacity is becoming increasingly important. The purpose of this Section is to provide for the planning,design and construction of improvements to new and existing roadway facilities consistent with Chapters 22, 23, 24 and 27 of this Code. The intent of these standards is to provide for a certain level of performance. Consequently,if it can be shown that an alternate design,material or procedure will provide performance equal to, or better than, the required design, material or procedure, that alternate may be approved by the Director of Public Works. B. Traffic Impact Analysis. All significant developments within the Southeast Weld MUD area shall be required to prepare a traffic impact analysis at the time of the Sketch Plan application. All traffic analysis information and reports shall be prepared and certified to by a Registered Professional Engineer competent in traffic engineering. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation and improvements necessary to offset a specific project's impacts. The County may require the developer to pay a proportionate share of the costs of said improvements through an improvements agreement. All traffic impact analysis shall contain, as a minimum, the following information: 1. Introduction: Describe the proposed development and parameters of the study area. 2. Existing conditions: a. The street capacity standard in the MUD area is Level of Service C and the intersection capacity is Level of Service D. b. Conduct a.m.and p.m.peak hour turn movements and average daily traffic counts for intersections and links within the study area if there are no available counts collected within the previous twelve (12) months. c. Conduct a peak hour intersection level of service analysis for the intersections. d. Determine whether the existing daily traffic volumes exceed the arterial daily volume standards as identified in the MUD street standards for major arterial, arterial, secondary, collector and local streets presented in Appendix 24-E, Roadway Cross-Sections. These standards delineate right-of-way,lane configurations, median treatment, bike lanes and pedestrian sidewalks. 3. Cumulative conditions: a. Identify previously approved or anticipated developments that may affect the study area's circulation system. b. Generate, distribute and assign traffic to the existing roadway network. c. Determine annual growth rates and project future traffic volumes for the time frame corresponding to project build-out. d. Identify funded circulation improvements,both public and private,that will be constructed prior to the proposed development's occupancy. e. Conduct a peak hour intersection level of service analysis and compare daily volume forecasts to street standards assuming cumulative developments, annual growth rates and funded improvements. f. Determine mitigation measures to offset cumulative conditions if level of service exceeds the MUD areas standards. 4. 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 with County staff. 5. Trip Distribution: Based on assumptions contained in the MUD areas traffic analysis or market estimates, describe the anticipated trip distribution patterns for the proposed development. 6. 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. 7. Existing + Committed + Project (E+C+P) Traffic Volumes and Level of Service: a. Add project a.m. and p.m. peak hour and daily traffic volumes to existing plus committed traffic volumes. b. Conduct intersection level of service analysis and determine whether daily traffic volumes exceed street standard thresholds. 8. Signal Warrant Analysis: a. Using the AASHTO Manual on Uniform Traffic Control Devices (MUTCD),or other adopted standards,determine whether proposed intersection volumes exceed signal warrants for those locations on the transportation network where signals are proposed. 9. Access: Projects involving access to the state highway system shall indicate appropriate conformance to the latest revisions of the State Highway Access Code. The report shall discuss how the proposed development meets the access control guidelines. 10. Mitigation Measures: Mitigation measures will be implement to provide the needed improvements to offset project impacts as determined by the traffic impact analysis. C. Design standards. 1. All development within the MUD areas shall comply with Chapters 22, 23,24 and 27 of this Code and the Colorado State Highway Access Code, 2 CCR 601-1. Consistent with the urban-scale development standards in the MUD areas, all parking areas for commercial and industrial development shall be paved according to geometric and road structure design standards. 2. Geometric Design Standards. Geometric design for streets and roads shall be in accordance with A Policy on the Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria, published by other governmental agencies, professional organizations or generally accepted authoritative source, may be used in geometric design. All specifications, standards, or design criteria shall be referenced and copied as part of the submittal information. 3. Road Structure. Structural capacity shall be designed in accordance with the Guide for Design of Pavement Structures, published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria published by other governmental agencies, professional organizations or generally accepted authoritative source may be used in design. All specifications, standards or design criteria shall be referenced and copied as part of the submittal information. All roads shall adhere to the standards set forth in Chapter 24, Article VII of this Code. 4. Structural Road Improvements. Adjacent roadways shall be designed to meet the full typical section specified in the County Transportation Plan and Chapter 24 of this Code. For example, improvements may include the construction of travel lanes,shoulders,bike lanes,medians,curb,gutter and sidewalks. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system, as determined by a professional transportation study. The road improvements agreement and roadway construction plans shall be considered by the Board of County Commissioners. D. Circulation System. 1. The proposed MUD circulation system is shown on the Southeast Weld Mixed Use Development Area Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. The transportation network reflects a hierarchy of roads, from a major arterial which serves both the regional and local traffic with higher speeds and capacities with controlled private access, to a collector which serves local traffic and provides access to future development. The proposed hierarchy of roads includes both reconstruction and/or widening of existing roads and alignments for new roads. The transportation network also identifies locations of future signals. 2. The MUD roadway cross-sections are identified in Appendix 24-E, Roadway Cross-Sections. Roadway classifications may change as development in the MUD areas occurs. Roadway classifications may be re-evaluated by the Director of Public Works with the results of the traffic impact analysis. Sec. 26-3-90. Sign district regulations. A. Intent. Within the MUD areas,signage has become an increasing issue,especially along traffic corridors such as Weld County Roads 22 and 49. While signs serve as important directional, informational and advertising tools,the clustering of signs may obscure the landscape and confuse and distract drivers. Signage controls are intended to protect and preserve the visual quality of the roadways within the Southeast Weld MUD area while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the MUD areas. Sec. 26-3-100. Utility, infrastructure and public facility regulations. A. Intent. By nature, most utility services are highly regulated. This regulation encompasses ownership, financing, competition, cost recovery, construction, environmental protection and safety. Given this regulatory and legal environment, well-established federal, state, county and industry standards/codes exist that govern most aspects of utility service. The intent of this Section is to provide additional regulations and standards for water supply to meet fire flow demands and solid waste collection service, and to provide standards for public facilities and services throughout the MUD areas. B. Water Supply and Sewage Disposal. The specifications of water supply requirements for fire protection within the Southeast Weld MUD area is provided by the Southeast Weld Fire Protection District and the Hudson Fire Protection District. Chapter 22 of this Code specifies the water supply system serving a proposed development site or zone district must deliver a minimum of five hundred (500) gallons per minute at twenty (20) pounds per square inch residual pressures for thirty (30) minutes. Resource Colorado and Pioneer Metropolitan Districts shall provide for the sewage disposal within the Southeast Weld MUD area,except those uses specifically exempted from the PUD process in Section 26-2-60 of this Chapter. C. Solid Waste. Residential and commercial solid waste collection services in the area shall be arranged directly between solid waste disposal firms and property owners/managers. Solid waste disposal shall be accomplished by collection firms at licensed disposal facilities. The number of service providers may be restricted. D. Storm Drainage Design and Technical Criteria. The County does not publish technical data or storm drainage design manuals. The consulting engineer for the developer is to use published material by a generally accepted authority approved by the Director of Public Works. The material used must be referenced and copied as part of the submittal information. All development within the MUD areas shall adhere to the Storm Drainage Design and Technical Criteria regulations in Section 24-7-130 of this Code. E. Schools. 1. A residential subdivision application shall be referred to the applicable school district for review and recommendation regarding school district requirements. The Department of Planning Services, Planning Commission and Board of County Commissioners shall consider the recommendation of the school district. Re-enact Appendices 26-D, 26-F through 26-N, and 26-P without change; Amend Appendices 26-A, 26-B, 26-C, 26-E, and 26-O, as attached. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code;and to resolve any inconsistencies regarding capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section,subsection, paragraph, sentence,clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Affidavit of Publication • r. STATE OF COLORADO County of Weld 55. NOTICE OF SECOND I Karen Lambert of said County of Weld being READING OF ORDINANCE duly sworn,say that I am publisher of • Fort Lupton Press Pursuant to the Weld County Home Rule Charter,Ordinance Number 2006-4 was introduced on first that the same is a weekly newspaper of general reading on April 10,2008,and a circulation was printed and published in the public healing and second reading town of was held on May 8,2006,2006, with changes being made. The FORT LUPTON PRESS full text of the Ordinance Is shown in said county and state that the notice of below. A public hearing and third advertisement, of which the annexed is a true reading is scheduled to be held in the Chambers of the Board,First copy has been published in said weekly Floor Hearing Room,915 10th newspaper for ONE consecutive weeks: that Street,Greeley,Colorado 80631 the notice was published in the regular and on June 12,2(1(16 All persons in entire issue of every number of said newspaper any manner interested in the next during the period and time of publication of said reading of said Ordinance are notice and in the newspaper proper and not in requested to attend and may be a supplement thereof: that the first publication heard. of said notice was contained in the issue of said newspaper bearing the date 17TH day of MAY Please contact the Clerk to the 2006 and the last publication 17TH day of Board's Office at phone(970) MAY . 2006 thereof, in the issue of said 336-7215,Extension 4225,or fax newspaper,bearing date,that the said (970)352-0242,prior to the day of the hearing if,as a result of a FORT LUPTON PRESS disability,you require reasonable accommodations in order to participate in this hearing. has been published continuously and uninterruptedly during the period of at least fifty-two consecutive weeks next prior to the Any backup material,exhibits first issue thereof containing said notice or orinfonnabon previously advertisement above referred to: and that said submitted to the Board of County newspaper was at the time of each of the Commissioners concerning this matter may be examined in the publications of said notice duly qualified for that office of the Clerk to the Board of purpose within the meaning of an act entitled. County Commissioners,located "An Act Concerning Legal Notices, in the Weld County Centennial Advertisements and Publications and the Fees Center,915 10th Street,Third Floor, of Printers and Publishers thereof, and to Greeley,Colorado,between the Repeal all Acts and Parts of Acts in Conflict hours of 8:00 a.m.and 5:00 p.m., Monday thru Friday,or may be with the Provisions of this Act" approved April accessed through the Weld County 7, 1921, and all amendments thereof, and Web Page(www.co.weld.co.us). E particularly as Mail messages sent to an individual amended by an act approved, March 30, 1923, Commissioner may not be included and an act approved May 13,1931 in the case file. To ensure inclusion • of your E-Mail correspondence into the case file,please send a copy to , egesick@co.weld.co.us. � _� t ORDINANCE NO. 2006-4 W n�++" 1 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER Publisher 22 COMPREHENSIVE PLAN AND CHAPTER 26 MIXED USE DEVELOPMENT,OF THE WELD Subscribed and sworn to before me this COUNTY CODE-PIONEER COMMUNITIES,INC. 17TH day of MAY,2006 A.D. otary Public 139 NORTH MAIN BRIGHTON,CO 80601 i r ‘N\i . -,-. 'f O CL ,.ry LEGALS Change t_hroughout Chapter 22, No change to remainder of section. center of existing and anticipated spec Section 22-1-150, growth from the Denver Metro area. as appropriate-"Mixed Use These commercial nodes will be from 21 Development Area Map"or'Mixed Sec.22-2-170. Commensal important activity centers for much page Use Development Area Structural development goals and policies. of the Front Range. Defining and Land Use Map 2.1"to"1-25 Mixed shaping communities within the . Use Development Area 2.1 Land Mixed Use Development areas DATE OF NEXT READING: Use Map"or"Southeast Weld A.C.Goal 1. Urban commercial not only opens the door for more June 12,2006,at 9:00 a.m. Mixed Use Development Area uses will be encouraged when functional regional activity,but will Structural Land Use Map". the subject site is located inside improve the sense of place for local an approved intergovernmental residents and business owners. BOARD OF LONERS Amend the following sections: agreement boundary area,Mi Mixed U urban growth areeinttel intended to rresult in ls and policies COMMISSIONERS WELD COUNTY,COLORADO Development areas or urban community form and structure y ,May 6, 2006 the development ces or where within the Mixed Use Development PUBLISHED:- May rt upton in the Sec.22-Planning documents. Relationship n to adequate services are ady areas. Fort Lupton Press Planning documents. available or reasonably obtainable. Sec.22-2-230. General MUD A.The Comprehensive Plan No change to remainder of section. Goals and policies. • identifies specific land use goals and policies which are intended INCLUDES CHANGES MADE TO to provide guidance and direction Sec.22-2-180. Residential A.MUD.Goal 1. To plan and to CODE ORDINANCE#2006-4 ON for existing and future land use. development. manage growth and to provide SECOND READING The basic documents used by the for ease of inclusion in the Mixed County to carry out the goals and Use Development areas and policies of the Comprehensive A through F-No change. urban development nodes so WELD COUNTY Plan as-contained in this Chapter as to balance relevant fiscal, CODE ORDINANCE 2006-4 are the Intergovernmental environmental,aesthetic and Agreements,Zoning and G.Planned Unit Development economic components of the area. Subdivision Ordinances,Mixed zoned residential developments IN THE MATTER OF REPEALING Use Development Area Plans,and may include the above-mentioned AND REENACTING,WITH Planned Unit Development Plans, R(Residential)Zone Districts or 1.MUD.Policy 1.1. Mixed Use AMENDMENTS,CHAPTER contained in Chapters 19,23,24, the E(Estate)Zone District,or Development areas and urban 22 COMPREHENSIVE PLAN 26 and 27 of this Code. may be part of a master planned, development node should be AND CHAPTER 26 MIXED USE Mixed Use Development area. See established and delineated on the DEVELOPMENT,OF THE WELD Section 22-2-210 and Chapter 27 Structural Land Use Map. COUNTY CODE-PIONEER B through D-No change. for further information regarding COMMUNITIES,INC. Planned Unit Development. B-No change. E.The Mixed Use Development BE IT ORDAINED BY THE BOARD Area Plans,Chapter 26,is the H-No change. • OF COUNTY COMMISSIONERS regulatory document defining C.MUD.Goal 3. To provide OF THE COUNTY OF WELD, regulations and minimum standards efficient and cost-effective delivery STATE OF COLORADO: for development within two Sec.22-2.210. Planned Unit of adequate public facilities and specifically defined geographical Development goals and policies. services which assure the health, regions of the County. safety and welfare of the present WHEREAS,the Board of County and future residents of the County ' Commissioners of the County of A-No change. and the area. Weld,State of Colorado,pursuant F-No change. to Colorado statute and the Weld County Home Rule Charter, B.PUG.The Intergovernmental agricultural land.Goal 2. onversion of 1.tourban residential developmentDl should avoid is vested with the authority of r9 g County, Co the affairs of Weld Agreements, rZoman and commercial andh Industrial uses will round impacts tq to surface and County,Colorado,and Subdivision Development Area,Mind be encouraged whenthe subject ground water techniques and should Pse lane UnitP islocated insideofapproved im 23,24,26Development Plans, interurban growth agreement area such resources.lome All Planned the Board of Cbe 2ty Chapters 1 and 7,are urban boundary area,Mixed Unit d U Developments the 2000adopted Commissioners,on December 8, otth intended to implementplland carry Use development Development n areas, h urban Mixed Use Development lopment areas adopted Weld County Code out the goals and policies of this ices or where or l the sanitary nodes Ordinancecomprehensive save C,enacting a Chapter. adequate services are currently isp use the tes sewage of Weld,including n the forco the Count' This gola or reended to ad le. apposalpri to nit provided ct the al Welvoslyo the ordinances of This is intended to appropriate Unit Development sanitation dent water all ly adopted e nature Sec.am ndm tComprehensiveedure t mimiz of agricultural land Plannsupply s Development water of a general and permanent nature Plan amendment procedure. to minimize the nuses nincompatibilitiesri supply systems should be provided enacted on or before said date of that occur between in the by a metropolitan district,water adoption,and A(Agricultural)Zone District and district,company,association,or Evaluation of the Comprehensive other zone districts that aloes municipality. Plan contained in this Chapter is urban uses. In addition,this goal Is WHEREAS,the Board has necessary to provide an accurate expected to contribute to minimizing received a request from Pioneer statement of County land use goals the costs to County taxpayers of No change to remainder of section. Communities,Inc.,to amend and policies based on current providing additional public service Chapter 22 Comprehensive Plan; data and the needs of County in rural areas for uses that require and staff has recommended an citizens. Therefore,when changes services on an urban scale. Sec.22-2-240. 1-25 MUD Goals amendment to Chapter 26 Mixed in the social,physical or economic and Policies. Use Development of the Weld conditions of the County occur,it County Code, becomes necessary to reevaluate No change to remainder of section. and change land use goals and A.I-25.MUD.Goal 1. Establish a policies. The following procedures sense of community identity within NOW,THEREFORE,BE IT have been established to amend Sec.22-2-220. Mixed Use the 1725 Mixed Use Development ORDAINED by the Board of County the Comprehensive Plan. No Development areas and urban area by planning and managing Commissioners of the County of inclusions or amendments to the development nodes. residential,commercial,industrial, Weld,State of Colorado,that the Southeast MUD Area Structural environmental,aesthetic and attached Future Land Use Map Land Use Map may be made economic components of the area. -Pioneer Communities,Inc.,as without previously amending this A.The Mixed Use Development authorized by Section 22-1-130 Section 22-1-150,defining the areas and urban growth nodes are of the Weld County Code,be, criteria for such amendment. intended to provide a foundation to 1.I-25.MUD.Policy 1.1. The MUD and hereby is,incorporated into • enable the County and its citizens areas shalt be delineated on the and amended to Chapter 22 to make appropriate decisions 1725 MUD Structural Land Use Comprehensive Plan. No change to remainder of section. regarding future development within Map,the most recent copy of which a specified area. Conservation of is on file at the Clerk to the Board's BE IT FURTHER ORDAINED growth natural resources,development of office and the Department of Sec.22-2-100. Urban , quality communities,provision for Planning Services. BY THE Board of County regional services and employment Commissioners that Chapter 22 opportunities,and maintaining Comprehensive Plan and Chapter A through E-No change. fiscal integrity are the key factors 2.I-25.MUD.Pplicy 1.2. 26 Mixed Use Development of the driving this type of development Development within the MUD areas Weld County Code be,and hereby plan. Mixed Use Development shall adhere to the 1725 Mixed are,repealed and re-enacted, F.The Mixed Use Development Plan and urban growth nodes land Use Development Area Structural with amendments,and the various areas and urban growth nodes use principals,are based on five Land Use Map,the most recent Chapters are revised to read as are Identified areas of potential (5)central ideas and Include: 1) copy of which is on tile at the follows. urban growth. The Mixed Use employment center development, Clerk to the Board's office and the Development areas and urban '2) interconnection of community; Department of Planning Services, growth nodes(concentrated 3)consistent land use standards; to direct future zoning and land use CHAPTER 22 urban development located along 4)appropriate zoning mixture;and decisions. or adjacent to the intersection 5)a planned transportation network. of two(2)or more roads in the COMPREHENSIVE PLAN state highway system,positioned B.1925.MUD.GOa12. New throughout the County)are B.The land uses delineated in the development shall occur in a intended to provide a foundation to Mixed Use Development Structural manner that assures an attractive Change throughout Chapter 22, enable the County and its citizens Land Use Map,the most recent working and living environment. as appropriate-1-25 Mixed Use to make appropriate decisions copy of which is on file at the Development area"to'Mixed regarding future development within Clerk to the Board's office and the Use Development areas"with specified areas. Conservation of Department of Planning Services, 1.I-25.MUD.Policy 2.1. New appropriate tense changes'is"to natural resources,development of promotes appropriate levels of development shall be encouraged "are","this"to'these","has been"to quality communities,provision for facilities and services for the Mixed to use innovative siting and design "have been",etc. regional services and employment Use Development areas. These techniques to cultivate an attractive opportunities,and maintaining fiscal components are defined in Chapter visual appearance within the MUD integrity are the key factors driving 26,Article II Section 26-2-20.C.of areas and preserve prime visual Change throughout Chapter this type of development plan. The this Code. features such as the Front Range 22,as appropriate-"Mixed Use urban development node is defined and the St.Vrain River. Developments"to"Mixed Use as: dent areas". s C.The MUD areas are at the 3 2.I-25.MUD.Policy 2.2. to contain commercial mineral LEGALSand expansion Landscaping shall be designed to deposits and mineral extraction and facility community service expansion lion promote attractive development. operations and reclamation plans. on the demand created by the bbased e determined requirements shall from page 22 development. eelmfor the perimeter of the development of the posedl g the 2. e shat .2. New density m the proposed land use development sear preserve 1.I-25.MUD.P.Policy 4.1. New designed ec Landscaping re shall be identified aquifer drainageways development should comply designed to protect and preserve be a feasible,drain agewzys shall with Section 22L13 110 of this the appearance and character of to maintained enre optimal in their naturel state pube lic services and facilities within ective and efficient ol Code. New development that the surrounding area. to ensure optimal re:charge. Presults in excessive public costs the O25 e e areas. It is the while producing insufficient public intent of these policies and goals P fount to ensure that appropriate public revenues sh be discouraged d. e shall encouraged ag 3.development hall 3.3. New facilities and services are available unless such development provides todevelopment clustered erl be to airgpmeyt shell minimize impacts for developments in the I i25 MUD adequate guarantees through units occurwith inneighborhood to air quality. areas. planning and coordination that g a variety of densities public facilities and services are ranging from single than effectively installed,operated and developments of less than one 4.I-25.MUD.Policy 3.4. Fugitive (1)unit per acre to mukihfamily dust shall be controlled by practices C.1-25.Moal 1. Provide maintained. developments withmuch higher acceptable to the Department of efficient and cos cost:effective delivery densities. Public Health and Environment and of adequate public facilities and any other relevant agencies. services which assure the health, 2.I-25.MUD.P.Policy 4.2. If it is determined thatpublic facility and general welfare of the present and future residents of the or service improvements or 4.des rian passageways wa. Adequatetwn area maintenance are required for,or pedestrian passageways between 5.areas shall be revegetated Disturbed caused by,the development,the and neighborhoods h ho shall iatel be wiconstruction. n developer will be required to pay and shall be immediately order toly following wind and 1.I-25.MUD.P.Policy 1.1. for the cost of the public facility encouraged. erosion,order to minimize and soil Consolidation of internal County and service improvement and temporary stabilization facilities or services shall be maintenance. The methodology for measures shall be established on re ula ions shall be strictly Sign all such areas. coencouraged to avoteie duplication of dum g the n shah ap tl9teion 5. costs and promote efficiency. during the land use application regulations shall o ed review process. The developer within fin MUD areas r as 23,Diner shall submit the following at the and defined in ChaptertheMUD sion 6. e shall be encouraged New2. PUD sketch plan phase of the 2 Signs,of this Code, todevelopmentctnatishall Development Ive that y development: Development ataMw th Signs select native species for sicea that requires urban shall be surrounding compatible men the, revegetation. services encouraged tof locatei shall a lowprofile and be shared ri ,have a municipality, pgey locate within a a.Information which accurately low be when ai urban growth boundary identifies all users of the 7.park and recreational 3.7. State area or in area inthfrastructure can adequately possible. yprovide infrastructure needs. infrastructure improvements and and recreational areas shall maintenance; not be adversely impacted by new 6.I-25.MUD.Policy 2.6. New development. 3.I-25.MUD.P.Poliq 1.3. New bydevelopment architectural shall be design. d . development shall avoid adverse b.A proposal which equitably Design s feturhldesign. impacts to surface and groundwater distributes the costs of infrastructure landsc ping plans a shall include: coordinationD.Irdtion. municipal,n. The quality and shall implement improvements and maintenance by development,op for on D entire regional of stateol county, techniques to conserve such user share;and ccirculation efficient with a regional and growth policies resources. All PUDs within the traffic al num plans with a and programs shall which includes the 1.125 MUD area shall use the minimal ount roads,ads lop pints to MUD areas discrepancies,evec i n sanitary sewage disposal facilities c A proposal that identifies an stateadvertising tis county low ve pro to a bimnigrovided b St Vrain Sanitation appropriate time schedule for fafadetre signs and sensitive promote a better mi in the ara,r of D infrastructure improvements and facade treatment. growth dynamics the area,avoid i s District. shall PUD water supply maintenance. ecooies of ae. and provide systems act, be panyed by nl .- economies of scale. water district,company,association 7.I-25.MUD.Policy 2.7. New or municipality. This information will be reviewed by todevelopment the hll be adeaignetl the Board of County Commissioners complementenvironment natural 1.development shat demonstrate 4.1. New 4.I-25.MUD.P.Policy 1.4. Provide in determining an equitable means campuslilt and exhibit s a shall isting for coordination of solid waste of distributing infrasWcture costs "cempus^like atmosphere. compatibility with existing ng collection services,to include among the County at large,direct surrounding land use height,terms af establishment of service standards, users and the developer. general8. use,building scale, approved fee schedules and Ive shall 2.8. density,traffic,dust and rase. PP Development shall be required recycling requirements. 4.3.to site coda nopn a.p25.MUs.shall be referred All applicelions shall to the oite as common de open space as 2. al for e 4.2. All D.I-25.MUD.P.Goal 2. Provide applicable school district for review e and defined d in the MUD proposals for development within and recommendation regarding Development Standards. Me MUD areas,me the exception a adequate as peblie safety police, school district requirements. of those developments in ecMlU re satellite stations for police, called out and excluded in the MUD fire and ambulance and encourage 9.I-25.MUD.Pol' 2.9. Existing Policy Document,shall use the the siting of collocated facilities wyand equipment. 4.I-25.MUD.P.Policy 4.4. salvage yards re and uses with open Planned Unit Development and et(PUD) Development will be encouraged to storage ly areasshall encouraged The MUD process regulations. to pay its proportional share of storage gela screen and buffer the The l pe process will allow 1.I-25.MUD.P.Policy 2.1. Public the local costs of infrastructure pro areas from D 1,acent need to offer flexibility and of variety safety facilities shall be provided improvements within the MUD R:3,3 R11 zoned CD 1,C12, needed and offer aa range will alsotlucfs, to meet required standards of areas. This includes on-going inRcc,Ras, with t,S❑ or give the uses. It p opportunity response times and public safety, operating and maintenance Ill 240.0 of Section give then the eldevr an ment unity in . costs required to service such jun y7d%salvage ly yards, Code. New surrounding explain development toservice maintaining the same level of junkyards, yards,landfills landowners and se that exists throughout the development and any associated districts. impacts resulting from the and uses with open to oco areas the County so that important development. a encouragedwre to locate information concerningrtland use areas ed they can be visuallyt compatibilityoutilities nto sere 2.I-25.MUD.P.Policy 2.2. The and saed and can . to health proposal sa ordetermined i servob the County law enforcement agencies Sec.22-2-260. 1-25 Transportation and safety regulations. are determined to be shall fcus on interaction with the and circulation goals and policies. adequate. public. This focus should facilitate 10.I-25.MUD.Policy 2.10. New a communityIbased approach to developments,including major Sec.22-2-250. 1-25 MUD public public safety such as educational A.Local residents,commuters, public utility facilities,shall mitigate facilities and services goals and programs,neighborhood watch travelers and business owners are programs and community dependent on major transportation tside visual impacts caused by policies. involvement programs. corridors to access needed outside storage,native building g scale, commercial and retail services disturbed vegetation screening cr and within the I-25 MUD areas. The a such g. by A.Dup the funding, rise eandmited E.I-25.MUD.P.Goal 3. Provide physical aspects of the circulation and/or buffering. available lundin props land for adequate school facilities system in the MUD areas shall and services r allocation im of public facilities conveniently placed central to be encouraged to foster travel 11. and is important.Home Since . between residential neighborhoods MUD areas reacy Density the adoption of the Home expenditures Rule reode al financial assistance and provide assistance to and the employment,regional and in the MUD governed Charter, County substantial t nsure the construction and use of neighborhood centers. These by a Maximum Lot tes have createdto and the facilities in a timely manner. roadways should also be planned Standard which s with open interest in how n cut cost to reinforce the boundaries of the buildable lot sizes with space increase ubli efficiency of providing MUD area and give a sense of allocations. Reve public servicessupport and tpublic s. orientation while traveling. and facilities acie to orpor services Encourage1 ( u the siting of 1. and in unincorporated siting of schools 12.I-25.MUD.Policy 2.12. New Weld County is usually generated near or adjacent to community g The goals and policies in this development designs shall by levying property taxes and user parks,open spaces and trail Section are intended to foster discourage continuous solid fencing fees. systems. a more efficient transportationadjacent to streets. network,provide for the safe and B.Thegoals and policies in this 2.I-25.MUD.Policy 3.2. Mitigate efficient movement of people and goods,and promote a wide variety C 2 identity 3. Community Section are intended to increase the cost of land acquisitionrss and of transportation options in the 115 form and identity shall be capital construction for essential MUD areas. encouraged through the community facilities to the fullest enhancement and preservation of F extent consistent with state law natural resources and features ..... and ids ' an additional costs i y by a� �"tinTr' T&anv de 1which will n e mitigated the a welt-interns a a, development a opined. transportation system that development v lopmen shall 3.1.comply with considers all modes for and imum This includes shah with meets the public Section 2275,60 of this Code. F.I-25.M ant shall 4. New comfort and safety with within the This includes locations determined development shall provide a efficiency and economy mechanism for funding public MUD areas. adjacent to active agricultural areas. floodplain. Sense of place and fire and ambulance and encourage MUD standards are discussed in the siting of collocated facilities Chapter 26. and equipment. 1.I-25.MUD.TPol 1.1. The 1.SE.MUD.Policy 2.1. Physical County wilt plan and maintain connectivity of open space, 1.SE.MUD.P.Policy 2.1. Public a transportation system in the Including visual access to 2.SE.MUD.Policy 5.2. Where 1725 MUD areas that unifies agricultural land uses,will be feasible,drainage ways shall be safety facilities shall be provided and coincides with state and provided in a manner consistent maintained in their natural state to to meet required standards of other county,city and community with the goals and objectives ensure natural re-charge. response times and public safety, transportation systems within and discussed in this Section. maintaining the same level of surrounding the 1725 MUD areas. service that exists throughout the F.SE.MUD Goal 6. Improvements districts. _ C.SE.MUD.Goal 3. County to the Internal transportation 2.I-25.MUD.T.Polkv 1.2. All• water,sewer and roads must be network of the MUD must properly 2.SE.MUD.P.Policy 2.2. The new development shall comply reasonably obtainable. Other utilize any planned expansions ofcY with Sections 2273760 through services such as police,fire, Weld County Roads 49 and 22. County law enforcement agencies 22737190 of this Code. Access community-based infrastructure and shall focus on interaction with the to properties shall preserve the schools must also be addressed. public. This focus should facilitate existing and future function of G.SE.MUD.Goal 7. The MUD a community7Dased approach to roads and highways affected by shall be cohesive,identifiable,and public safety such as educational the proposed development. All 1.SE.MUD.Policy 3.1. Use existing diverse while retaining the current programs,neighborhood watch development circulation systems service providers and metropolitan agrarian character for residents in programs and community shall be designated so that they do districts,both existing and the area. The history of the area involvement programs. not disrupt highway travel. Traffic proposed,to provide the services should be considered,as well as to be generated by the proposed needed to meet the phased needs the style and character of existing, development must conform to the of the Mixed Use Development in a nearby developments. With the E.SE.MUD.P.Goal 3. New recommendations and requirements timely manner. large setbacks between agricultural development shall plan for areas of of the Department of Public Works land use and other urban uses in land adequate for school facilities and the Colorado Department place due to the floodplain,the convenresidently tial neighborhoodst and aced central lo of Transportation. Dedication 2.SE.MUD.Pcicy 3.2. A central MUD must ensure compatibility and Improvements of roads and water system will provide water between uses. provide financial assistance to frontage roads may be required as service to the residents and assist the school district in funding a conditions of development. businesses through a metropolitan portion of the capital construction of district. The system will be a 1. SE.MUD.Policy 7.1. The school fadlities in a timely manner. community water system approved residential elements within the MUD ' D.I-25.MUD.T Goal 2. Promote a by the Colorado Department of shall be designed and managed F.SE.MUD.P.Goal 4. New pedestrian trail system to service Public Health and Environment,and to concentrate specific areas or transportation and recreation must be operated in accordance dusters to ensure diversity and development shall provide a purposes within the 1725 MUD with the Colorado Primary Drinking affordability. mechanism for funding public yeas. Water Regulations to assure the facility and service expansion safety of the public drinking water • and community facilities based supMr. H.SE.MUD.Goal 8. Good design on the demand created by the E.1-25.MUD.T.Goal 3. New and community covenants shall development. development within the 1725 MUD control the appearance of the areas shall provide a mechanism D.SE.MUD.Goal 4. Development development. 1.SE.MUD.P.Pdicy 4.1. New for balancing relevant fiscal of the Southeast Weld MUD shall development should comply with Chapter and economic components of occur in a manner that assures sh,Article Ill comply this transportation systems. an attractive working and living Add the following section wade. New development that environment and establishes a sense of community identity by results in excessive public costs 1.I-25.MUD.T.Policy 3.1. Require planning and managing residential, Sec.22-2-280. Southeast Weld while producing insufficient public all PUDs to prepare a traffic commercial,environmental, MUD public facilities and services revenues should be discouraged impact analysis as outlined in the aesthetic and economic goals and policies. unless such development provides MUD Development Standards to components in coordination adequate guarantees through determine project plus cumulative with Hudson and Keenesburg. the use of mechanisms,such as development impacts created by The growth associated with the A.Due to the expense and limited Metropolitan Districts,that public the PUD and determine appropriate Southeast Weld MUD will promote . available funding,proper and facilities and services are effectively project mitigation. product and service demands to be efficient allocation of public facilities installed,operated and maintained. met in part by the existing towns and services is important. Since of Hudson and Keenesburg. The the adoption of the Home Rule 2.SE.MUD.P.Policy 4.2. If it is 2.I-25.MUD.T.Policy 3.2. Establish addition of housing in the vicinity Charter,rising County expenditures determinedS .MUD that public a development fee program to will enhance the marketability of have created substantial public or service Improvementsuisfacility collect a fair share dollarsiper71dp the area as an employment center. interest in how to cut cost and srvice maintenance re required for,or r contribution for constructing Appropriate scaled neighborhood: increase efficiency of providing short:and longlterm circulation oriented commercial uses will be public services and facilities. caused by,the development,the improvements. encouraged in the MUD,to provide Revenue to support public services developer will be required to pay convenient retail opportunities for and facilities in unincorporated for the cost of the public facility neighborhoods. Weld County is usually generated and service improvement and 3.I-25.MUD.T.Policy 3.3. The by levying property taxes and user maintenance. The methodology for County will require improvement of fees. compensation shall be determined roads,streets or highway facilities 1.SE.MUD.Policy 4.1. Commercial during the land use application when dictated by traffic demand land uses will be integrated within review process. The developer and land development patterns in the Southeast Weld MUD and B.The goals and policies in this shall submit the following at the the MUD areas. consistent with Chapters 23,26, Section are intended to increase PUD sketch plan phase of the and 27 of the Weld County Code. the effective and efficient delivery of development: public services and facilities within F.I-25.MUD.T.Goal4. As the Southeast Weld MUD area. It development occurs,the feasibility 2.SE.MUD.Policy 4.2. The is the intent of these policies and a.Information which accurately of a public transit system shall development of the Southeast goals to ensure that appropriate identifies all users of the examined in the MUD areas. Weld MUD shall encourage infill public facilities and services are infrastructure improvements and of existing commercial centers available for developments in the maintenance; and support the growth of existing Southeast Weld MUD area. Add the following section: business in Keenesburg and Hudson. b.A proposal which equitably C.SE.MUD.P.Goal 1. Provide distnbutes the costs of infrastructure Sec.22727270. Southeast Weld efficient and cost7effective delivery improvements and maintenance by MUD area goals and policies. 3.SE.MUD.Policy 4.3. Road of adequate public facilities and user share;and and utility improvements shall services which assure the health, be coordinated with the towns safety and general welfare of the The Southeast Weld MUD reflects ottjudson and Keenesburg to present and future residents of the cis A proposal that identifies the anticipated growth within the ensure appropriate service to area. an appropriate time schedule for 1-76 Corridor with many of the existing commercial development infrastructure improvements and characteristics of a historical town in the existing towns. Residential maintenance. pattem similar to communities that development within the 1.SE.MUD.P.Policy 1.1. developed over time in the Northern Southeast Weld MUD will create Consolidation of internal County This information will be reviewed by Front Range. The following goats employment opportunities and facilities or services shall be and policies are designed to allow new demands for expanded and encouraged to avoid duplication of the Board of County Commissioners for the efficient,economical,and new retail and commercial uses costs and promote efficiency. in determining an equitable means logical development of this Mixed for neighborhood':based services, of distributing infrastmctar vect Use Development area. not only within the MUD,but in among the County the existing commercial cores of 2.SE.MUD.P.Policy 1.2.New users and the developer. Hudson and Keenesburg. development shall avoid adverse A.SE.MUD.Goal.1. The active impacts to surface and groundwater 3.SE.MUD.P.Policy 4.3. Ail agricultural plan is designed quality and shall implement applications shall be referred to the to protect and preserve prime, E.SE.MUD.Goal 5. Development techniques to conservesuch o school be district review irrigated agricultural land with a impacts must be minimized by resources. All MUD water supply and ict for reg consistent and reliable supply of preserving the natural state of systems shall be provided by a schoolrecommendation strictrequirements.rand water. the Box Elder Creek floodplain metropolitan district,rural water to the extent practicable and by district,company,association or promoting the efficient utilization of municipality. 4.SE.MUD.P.Policy 4.4. 1.SE.MUD.Policy 1.1. New water resources through clustering will be 4ceureged services to the area shall be development and utilizing efficient Development pay its proportional share cor of encouraged to provide possible agricultural practices. 43.SE.MUD.P.Policy 1.3. Provide tothe local costs o of infrastructure sthadure sources of augmentation water. for coordination of solid waste improvements within the MUD collection services,to include 1.SE.MUD.Policy 5.1. establishment of service standards, B.SE.MUD.Goal 2. Minimize Development within the MUD shall approved fee schedules and incompatibilities between be encouraged to use innovative recycling requirements. • ALS egricuhural use and urban use design techniques to provide an Please see LEG LEG 24 due to the location of the prime attractive visual appearance and agricultural lands in relation preserve prime visual features, D.SE.MUD.P.Goal 2. Provide page to existing floodplains and the such as the view preservation of adequate public safety facilities, proposed land use designations the Front Range and the Box Elder such as satellite stations for police, CPAXLP _...-- D improvements. o indicate wl»tlrr 9-25 Mixed .Sec.2671730. Amendment LEGALSLand��'Southeast p d°re from e 23 3.SE.MUD.T.Policy 3.3. The Mixed Use Development Area �9 County will require improvement of Structural Land Use Map•. Individuals may submit a proposal roads,streets or highway facilities to amend the MUD Structural Plans when dictated by traffic demand in accordance with the procedures and land development patterns in Change throughout Chapter 26 set forth In Section 22717150 of areas. This indudes on-going the MUD area. -All references to the Mixed Use this Code. Any applicant submitting operating and maintenance Development area should be a proposal to amend the 1725 costs required to service such changed to plural,the Mixed Use or Southeast Weld Mixed Use development and any associated F.SE.MUD.T.Goal 4. As Development Areas. Development Structural Land Use impacts resulting from the development occurs,the feasibility Maps shall also submit a deed or development. of a public transit system shall legal instrument to the Department be examined in the MUD area. ARTICLE I of Planning Services identifying G.SE.MUD.P.Goal 5. The siting of Options and reservations for their interest in the property. transit facilities and land shall be schools will occur near,or adjacent maintained. Mixed Use Development Areas to,community parks,open spaces Sec.2671740. Existing services. and trail systems. G.SE.MUD.T.Goal 5. Coordination Sec.2671710. General. section and consolidation of public safety The MUD areas are intended to Add the followingfacilities shall be provided to meet be areas which will accommodate required standards of response A.The Mixed Use Development development that may occur as a 0. Weld times and public safety,maintaining areas(MUD areas)provide unique result of the planned infrastructure Sec.22-2-290. Southeast e and elld or exceeding the level of service and challenging opportunities for and services existing and MUD Transportation that currently exists throughout the the establishment of an on1going developing. Appendix 2678 and goals and policies. districts. planning process in areas which Appendix 260C display the existing are experiencing increased growth service providers in the MUD areas. and development. The presence A.Local residents,commuters, H.SE.MUD.TGoal 6. Uses within of an interstate and state highway travelers and business owners are the Southeast Weld MUD must system and the external growth Sec.2671750. PUD Districts in -dependent on major transportation recognize the current Weld County pressures from the Longmont MUD areas. corridors to a&YTcc needed Regulations regarding spacing of Metropolitan Area and the 1776 commercial and retail services buildings to oil and gas production Corridor have added to the interest within the SEMUD area. The facilities. Adherence to this in land development and population A.Intent. The PUD provisions physical aspects of the circulation regulation assures compliance with growth within these areas. The shall be applied to all proposals system in the MUD area shall this goal in that it will reduce the intent of this Chapter is to guide for commercial,industrial and be encouraged to foster travel conflict between the mineral estate and implement planned land residential developments within the between residential neighborhoods and surface estate. use changes in the MUD areas, MUD areas,with the exception of and the employment,regional and particularly the conversion of rural those developments specifically neighborhood centers. These lands to more intensive urbanLtype called out and excluded in this roadways should also be planned I.SE.MUD.T.Goal 7. Development land uses. The regulations found Code. All PUD Districts in the to reinforce the boundaries of the shall work with Weld County in this Chapter are intended to MUD areas shall adhere to the MUD area and give a sense of Public Works to ensure that the be implemented by the land use procedures and requirements . orientation while traveling. appropriate infrastructure is in place and development policies in the outlined in Chapter 27 of this Code. to accommodate traffic impacts as Comprehensive Plan,Zoning goals and policies in this development occurs. Ordinance,Subdivision Ordinance B.The Section are intended to foster and Planned Unit Development B.Exemptions from the PUD Ordinance,contained in Chapters District Provisions. a more efficient transportation Sec.22-3-50. Public facility and 22,23,24 and 27,respectively,of network,provide for the safe and service goals and policies. this Code. efficient movement of people and 1.The following uses are exempt goods,and promote a wide variety from utilizing the PUD process of transportation options in the A through A.3-No change B.A list of common acronyms within the MUD areas and will Southeast Weld MUD area. and abbreviations utilized in this require a Use by Special Review Chapter is contained in Appendix (USR)application: C.SE.MUD.T.Goal 1. To provide B.P.Goal 2. Require adequate 260A. facilities and services to assure the I a well7integrated,balanced health,safety and welfare of the a.Sand and gravel mining transportation system that present and future residents of the Sec.2671720. Planning area operations. I considers all modes of travel and County. boundaries. - meets the public need for mobility, comfort and safety with maximum b.Home businesses as defined in efficiency and economy within the 1 P.Policy 2.1. Development A.There are two planned areas for Chapter 23 of this Code. MUD area. that requires urban services and mixed use activities defined within facilities should be encouraged to unincorporated Weld County. One 1.1. The locate within a municipality,urban area is located along the 1125 c.Agricultural service 1.SE.MUD.T.Policy growth boundary area,Mixed corridor while the other can be establishments primarily engaged County will plan and maintain a Use Development areas or urban found in dose proximity to the 11176 in performing agricultural,animal transportation system in the MUD development nodes,or where condor in Southeast Weld County. husbandry or horticultural services area that unifies and coincides with adequate services are currently on a fee or contract basis,including state and other county,city and available or reasonably obtainable. such uses as outlined in Section ity commun transportation systems B.The 1725 MUD area covers 23.13140.B of this Code. within and surrounding the MUD approximately fifteen thousand area. 2 through 4-No change. (15,000)acres with approximate boundaries at Weld County Road 1 d.Those uses which were 2.SE.MUD.T.Policy 1.2. Accesson the west,Weld County Road 15 legally created prior to the PUD 5.P.Policy 2.5. Provide a on the east,Weld County Road 32 requirement and located on a single to properties shall preserve the mechanism for funding public on the north and Weld County Road legally created lot. existing and.future function of facilities,accommodating service 20 on the south. The planning roads and highways affected by expansion and community area boundaries are shown on the proposed development. All amenities based on the demand the 1725 Mixed Use Development 2.The following land use development circulation systems created by the development. Area Structural Land Use Map and applications are exempt from shall be designated so that they Metropolitan distrid(s)may be the Southeast Weld Mixed Use utilizing the PUD process in the A do not disrupt highway travel. formed to address and assess Development Area Structural Land (Agricultural)Zone District within Traffic to be generated by any needs based on the development of Use Map,the most recent copies of the MUD areas: development must conform to the the MUD of the MUD areas. which are on file at the Clerk to the recommendations and requirements Board's office and the Department • of the Department of Public Works of Planning Services. a.Recorded exemption in the A and the Colorado Department Sec.22-3-130. Rail transportation. (Agricultural)Zone District. of Transportation. Dedication • and improvements of roads and C.The Southeast Weld MUD area frontage roads may be required as A through C-No change. is approximately 5,600 acres in b.Subdivision exemptions. conditions of development. size. It is located in southern Weld County along the transportation SE.MUD.T.Goal 2. Promote a D.Potential for conflict exists corridors of Weld County Roads c.Amendments to recorded D. SE.MUD.T.Goal trail system l . r service between railroad lines and other 49 and 22,and is situated to • exemptions and subdivision Pland uses within urban growth participate in Weld County's future exemptions. transportation and recreation boundaries and the Mixed Use share of commercial,industrial purposes within the MUD area. Development areas. Municipal and residential growth. The area type uses and services are planned is in close proximity to major d.Zoning permits for mobile homes. E.SE.MUD.T.Goal 3. Development for both of these areas which will regional economic generators such P increase auto and pedestrian traffic as Denver International Airport within the MUD area shall provide a and the number of noise-sensitive and the metropolitan areas of e.Zoning permits for accessory mechanism for balancing the costs uses. Potential conflicts could be Denver and Greeley. The existing dwellings. of providing transportation systems. avoided by signalizing or separating transportation links of 1776 and crossing points for trains from other its existing interchanges,and the 1.SE.MUD.T.Policy 3.1. Require vehicular and pedestrian traffic, County's commitment to Weld f.Manufactured home zoning all o a traffic and separating noise-sensitive County Road 49 to serve as the permits. impact analysis a prepare outined in the uses by distance or utilizing noise County's only continuous north P Y abatement techniques. south highway from Greeley to the MUD Development Standards to south,east of Interstate 25,support g.Certificate of compliance. determine project plus cumulative the need to identify this area as development impacts created by No change to remainder of Section. an urban corridor. The planning . the PUD and determine appropriate area boundaries are shown on h.Flood hazard and geologic project mitigation. the Southeast Weld Mixed Use hazard development permits. CHAPTER 26 MIXED USE Development Area Structural Land 2.SE.MUD.T.Poli 3.2. Establish DEVELOPMENT . Use Map,the most recent Copy of cY which is on file at the Clerk to the Sec.2671760. General. a development fee program to -. Board's office and the Department collect a fair share dollars?per--trip Change throughout Chapter 26, of Planning Services. contribution for constructing -Change all references to maps A.Recent development and shorti and long:7term circulation LP hour and daily traffic volumes to I development pressures in the also accommodate highlirdensity • existing plus committed traffic MUD areas have accelerated industrial uses which create minimal volumes. and reinforced the need for negative visual impacts. long Iterm approaches to planning. This increase in development b.Conduct intersection level of has resulted in the creation of 2.Employment centers service analysis and determine development standards to regulate characteristically have high proposed development and whether daily traffic volumes these areas. These development transportation impacts and parameters of the study area. exceed street standard thresholds. standards shall apply to all environmental concerns such as structures and land within the MUD noise,dust and pollution. Even areas as shown on the 1-25 Mixed with the associated impacts,these 2.Existing Conditions: 8.Signal Warrant Analysis: Use Development Area Structural centers are intended to provide Land Use and the Southeast Weld pleasant and safe environments Mixed Use Development Area for employees and visitors through a.The street capacity standard in a.The 125 MUD Transportation Structural Land Use,the most planning and design standards. the MUD areas is Level of Service Network Map 2.2,the most recent recent copies of which are on file Outdoor eating and seating areas, C and the intersection capacity is copy of which is on file at the at the Clerk to the Board's office pedestrian routes within parking Level of Service D. Clerk to the Board's office and the and the Department of Planning lots and other pedestrian amenities Department of Planning Services, Services. These regulations should be provided for employees identifies future locations for provide development standards to and visitors. Employment centers b.Conduct a.m.and p.m.peak hour signalization. Signals,however, implement the goals and policies include,but are not limited to,the tum movements and average daily should not be installed prior to when in the Mixed Use Development following activities and services traffic counts for intersections and they are needed. Section of Chapter 22 of this Code. in higher density commercial and links within the study area,if there industrial zone districts: are no available counts collected within the previous twelve(12) b.Using the AASHTO Manual on Sec.2661370. Intent. months. Uniform Traffic Control Devices a.Hotels and motels. (MUTCD),determine whether proposed intersection volumes A.The intent of these regulations • a Conduct a peak-hour intersection exceed signal w for those is to ensure the compatibility of b.Restaurants,including drivelin level of service analysis for the locations on the transportation various land uses,buildings or restaurants. intersections. network where signals are structures within the MUD areas. proposed. These regulations are intended to allow flexibility and encourage c.Utility service facilities. d.Determine whether the existing 9.Access: Projects involving creativity in development of the daily traffic volumes exceed the1 areas in regard to density,height of arterial daily volume standards access to the state highway structures,setbacks and common d.Police and fire stations. as identified in the MUD street system shall indicate appropriate open space. The development standards for major arterial,arterial, conformance to the latest revisions standards found in this plan are the secondary,collector and local of the State Highway Access Code. minimal development standards e.My use of a research,repairing, streets presented in Appendix The report shall discuss how the allowed in the MUD areas. manufacturing,fabricating, 243E,Roadway Cross .Sections. proposed development meets processing,assembling or storage These standards delineate the access control guidelines as nature,as long as the use is right—of.way,lane configurations, presented in Section 4.4.2 of the ARTICLE II conducted entirely within enclosed median treatment,bike lanes and MUD Background Document, buildings. 'pedestrian sidewalks. available at the Department of Planning Services. 1325 MUD B.Regional Commercial Centers. 3.Cumulative Conditions: 10.Mitigation Measures: Mitigation Regional commercial centers are ' Sec 2632310. Development intended to provide safe,efficient measures will be to implement the Standards. areas offering convenience a.Identify previously approved or needed improvements to offset goods and services to residents anticipated developments that may Project impacts as determined by of surrounding neighborhoods. affect the study area's circulation the traffic impact analysis. A.In the 1125 MUD,land use These centers include commercial system. . • designations are grouped into five and industrial activities which are C.Design Standards. (5)structural land use categories. mediumlintensity level and have . These categories are conceptual few environmental and serviced b.Generate,distribute and assign designations and shall not be related impacts. Activities in these traffic to the existing roadway i interpreted or construed to give centers may include the following: network. ID areas shall 1.All development comply within with Chapters the theMUD rise to any vested rights in the continuation of any particular use, ' 22,23,24 and 27 of this Code and district,zoning classification or any 1.Retail shops. c.Determine annual growth rates the Colorado State Highway Access permissible activities therein. and project future traffic volumes Code,2 CCR 601-1. Consistent for the time frame corresponding to with the urban..scale development standards in the MUD areas,all 2.Civic uses eh aschurches. libraries, project build3out. parking areas for commercial and I, B.Structural land use categories: community centers and churches. industrial development shall be d.Identify funded circulation paved according to geometric and 1.Employment centers. 3.Service businesses such as improvements,both public and road structure design standards. offices. private,that will be constructed, prior to the proposed development's • 2.Geometric Design Standards. 2.Regional commercial. occupancy. - 4.Public facilities and utility service Geometric design for streets and I facilities. roads shall be in accordance with • 3.Neighborhood centers. e.Conduct a peak hour intersection A Policy on the Geometric Design level of service analysis and of Highways and Streets published 5.Restaurants. compare daily volume forecasts by the American Association of 4.Residential neighborhoods. to street standards assuming State Highway and Transportation cumulative developments, Officials. Specifications,standards I 6.Retail and wholesale annual growth rates and funded or design criteria published by 5.Limiting site factors. establishments. improvements. the other govemmental agencies, professional organizations or generally accepted authoritative C.Each structural category consists 7.Light manufacturing and research f.Determine mitigation measures to source may be used in geometric of distinct and unique qualities and facilities. offset cumulative conditions if level design. All specifications, is established as a matter of policy of service exceeds the MUD areas standards,or design criteria shall to guide and implement planned standards. - be referenced and copied as part of land use development. These C.Neighborhood Centers. the submittal information. categories are further defined Neighborhood centers are in Section 2&.2:J20 and are established to provide convenience 4.Trip Generation: Determine 3. Structure. Structural delineated on the 1125 Mixed Usegoods and services primarily ' daily,and a.m.and p.m.peak 3.Road Structure. be . Structural u in Development Structural Land Use or the residents of a specific hour trip generation for the capacity8 Map,the most recent copy of which neighborhood. These centers proposed development using accordance with the Guide for is on file at the Clerk to the Board's should be accessible via established rates identified in the Design of Pavement Structures office and the Department of sidewalks,trails or greenways, Trip Generation Manual published published by the American Planning Services. The correlation creating identity for individual by the Institute of Transportation Association of State Highway of the categories to generalized neighborhoods. Neighborhood Engineers or as agreed to with and Transportation Officials. zone districts as defined in Chapter centers characteristically have County staff. Specifications,standards or design criteria published by 23 f tdiix 3 are outlined ca in, few moereupon e impacts and other governmental agencies, Appendix tes 233 all cases, rely more c sasllce'.]related Chapters or 24 and 27 should fp be provisions,nfrcea such law 5.Trip ion contained Based professional accepted authoritative os or consulted for clarification of specific enforcement development and fire hintthese assumptions t conssis o in the MUD generally be epusedeg . requirements. New ci apmenr within these areas tesfic analysis market d source may , nd in design. All thecenters shall,l therefore,ociate estimates,describe the anticipated th cri shall standards or design the impacts associated with its use. trip dosed d e e pattems for the criteria shall be referenced erenced and Sec.26.12 20. 125 MUD Neighborhood centers include, proposed development. copied as part of the submittal information. All roads shall adhere Structural land use categories. but are not limited the following to the standards set forth in Chapter activities and services: 24,Article VII of this Code. 6. cAds merit Based e A.Employment Centers. projected t ,generation,assumed 1.Small parks. trip d ay netw and the prevailing 4.Structural Road Improvements. roadway neaffiCto thasei nthe Adjacent roadways shall be I.provides sastructnre opportunity pusen projected vdtlin thestudy re . si Y P create a unique seworship,hi uses,ies such and places ni and streets withM the study area. secignes to meet the full typical section specified in the County employmentt create in centers of new libraries community Transportation Plan and Chapter in the MUD areas, 24 of this Code. For example, which w are linked network orientated (E+C+P)Existing+Committed+Project improvements may include the toward the l d f regional f Traffic Volumes and Level P and national roadways serving the • Please see LEGALS of Service: construction of travel lanes, area. Employment centers are -- shoulders,bike lanes,medians, oriented around major roadways to page 25 curb,gutter and sidewalks. allow for goods and services to the a.Add project a.m.and p.m.peak Required improvements may also traveling public. These centers may CPAXLP ( /A „_: 'd')i ). CE11, li I 11In Jx b il Lr;at 'ln . eindyn-s n.t L y o k-3�e.idit-t t. . xl • &FAL,4tit W6 AtbnyvY,tbdJeet.. <inn3 E e)- r r, c3:}a=_14fip q IXA9 ) include the acquisition of rightlof 7 a private sanitation system,shall lots adjacent to existing agricultural These centers include commercial way and construction easements service all sewage disposal within areas and traditional singleifamily and industrial activities which are that will be dedicated to the public. the I.25 MUD areas for uses lots,as well as areas for higher medium-intensity levels and have Improvements attributed to the except those specifically exempted density town homes. The character few environmental and service- development shall be consistent from the PUD process in Section of the neighborhood commercial related impacts. with the direct impact a particular 26 2 '60 of this Chapter. services that found all be lu al communt nities eof system, has on the County throughout the west: limited public c. Integrated commercial road ioaltransportation as determined study.a professional road C.Solid Waste. Residential a and ancillary t facility an such fire t library io centers shall be appropriately improve and road yimprovementsplansagreement commercial solid waste collection satellite llf o/ar gat err gs located and scaled improve and l roadway constructiondplans services in the area shall be a grange hall for local gatherings the neighborhoods.residentialCmm shall be ommissio by the Board of waste di directlyl be and solid p or farmer's businesses and other agricultural eighborhood shuld not eceed a 0 25 floors County Commissioners. waste disposal firms and property owners/managers. Solid waste convenience services and area ratio. Uses may include the disposal shall be accomplished by businesses;as well as a variety of following: D.Circulation System. collection ltis. firms at licensed disposal high to higher density housing. fac1)Banks. 1.The proposed MUD circulation Sec. 26_.3 30. Southeast system is presented at Map 2.2,the D.Storm Drainage Design and Weld MUD Structural Land use 2)Day care centers most recent copy of which is on file Technical Criteria. The County categories. at the Clerk to the Board's office does not publish technical data or and the Department of Planning storm drainage design manuals. Services. The transportation The consulting engineer for the In the Southeast Weld MUD area, 3)Service businesses and offices. network reflects a hierarchy of developer is to use published land use is grouped into four roads,from a major arterial which material by a generally accepted categories. These categories serves both the regional and local authority approved by the Director are conceptual and not intended 4)Personal service establishments. traffic with higher speeds and of Public Works. The material used or construed to give rise to any capacities with controlled private must be referenced and copied as vested rights in the continuation of access,to a collector which serves part of the submittal information. All any particular use,district,zoning 5)Restaurants. local traffic and provides access to development within the MUD areas -classification or any permissible future development. The proposed shall adhere to the Storm Drainage activities therein. 6)Retail including retail and hierarchy of roads includes both Design and Technical Criteria wholesale etail sales,e including r reconstruction and/or widening of regulations in Section 24:7..130 of Structural land use categories: existing roads and alignments for this Code. A. new roads. The transportation 7)Civic and cultural facilities. network also identifies locations of future signals. ARTICLE III 1.Neighborhood centers. Southeast Weld MUD 8)Places of worship. 2.The MUD roadway crossa 2.Residential neighborhoods. sections are identified in Appendix Sec.26.3 10. Development 9)Clubhouse and recreational 24 iE,Roadway Cros_,Sections, Standards. 3.Agricultural lands. facilities. of this Code. Roadway . classifications may change as development in the MUD areas Recent activity in the Southeast occurs. Roadway classifications Weld MUD area has accelerated 4.Limiting site factors. 10)Public gathering areas. may be rejevaluated by the and reinforced the need for Director of Public Works with the long"'term approaches to planning. results of the traffic impact analysis. This increase in development B.Each structural category consists 11)Public facilities and utility has resulted in the creation of of distinct and unique qualifies service facilities. development standards to regulate and is established as a matter Sec.26:12'.70. Sign district these areas. These development of policy to guide and implement regulations. standards shall apply to all planned land use development. d.Site design techniques should structures and land within the MUD These categories are further be incorporated that provide areas as shown on the Southeast defined in Section 2612'.30 and convenient vehicular and pedestrian I',,A.Intent. Within the 125 MUD Weld Mixed Use Development are delineated on the Southeast access to the neighborhood seas,signage has become an ' Structural Land.Use Map,the most Weld Mixed Use Development Area commercial areas from adjacent increasingly important issue, I recent copy of which is on file at Structural Land Use Map,the most residential neighborhoods. especially along traffic corridors the Clerk to the Board's office recent copy of which is 6n file at the such as 1125 and State Highway and the Department of Planning Clerk to the Board's Office and the 119. While signs serve as Services. These regulations Department of Planning Services. 2.Residential neighborhoods. important directional,informational provide development standards to The correlation of the categories and advertising tools,the clustering implement the goals and policies in to generalized zone districts as of signs may obscure the landscape the Mixed Use Development section defined in Chapter 23 of this Code a.Residential districts within and confuse and distract drivers. of Chapter 22 of this Code. are outlined in Appendix 26-_-,C. In this MUD area are encouraged Signage controls are intended to all cases,Chapters 23,24 and 27 to be cohesive,identifiable and protect and preserve the visual should be consulted for clarification diverse,while retaining the current quality of the roadways within the Sec.26 3 ''20. Intent. of specific requirements. agrarian character of residents in Ih25 MUD areas while preventing • the area. The County encourages the obstruction of traffic visibility comprehensive and coordinated and confusion from improperly The intent of these regulations C.Contiguous open space that neighborhood design efforts in placed and designed signs. These is to ensure the compatibility of provides a balanced mix of developments,especially with provisions control the magnitude, various land uses,buildings or active and passive recreational regard to circulation provisions, placement and number of signs structures within the Southeast opportunities will be an integral conservation of natural features in the I '25 MUD area. These Weld MUD area. These regulations element of this MUD area and will and relationship to established regulations can be found in Section are intended to allow flexibility and be clustered in order to provide for neighborhood centers. The County 23,Article IV of this Code. encourage creativity in development meaningful open space corridors, also encourages diversity of . of the areas in regard to density, which will include an extensive trail housing types,including owner... • height of structures,setbacks system that links the neighborhoods occupied and rental housing,which Sec.26121;80. Utility, and common open space. The to local amenities,such as schools serve all economic segments of infrastructure and public facility development standards found and parks. the population and match local regulations. in this plan are the minimal incomes and age groups. Higher development standards allowed in residential densities shall be __.- the Southeast Weld MUD area. D.Each structural category situated within close proximity ./--- A.Intent. By their nature,most consists of distinct and unique to the designated neighborhood utility services are highly regulated. qualities and is established as centers. Each neighborhoodshall This reeggulation encompasses A.This MUD area will be a a matter of policy to guide and have an interconnected network owrtterehlp,financing,competition, balanced and sustainable implement planned land use I of local streets that provide direct cost recovery,construction, community that integrates the development. These categories connections to local destinations. environmental protection and traditional rural heritage of Weld are further defined as follows,and safety. Given this regulatory and ' County into all aspects of the are delineated on the Southeast legal environment,weltlestablished community. It is the intent of the Weld Mixed Use Development b.Residential development within federal,state,county and industry area to fit within the landscape Structural Land Use Map,the most this MUD is clustered in such a standards/codes exist which govern of s0uthem Weld County by recent copy of which is on file at the way as to protect and preserve most aspects of utility service. preserving prime irrigated Clerk to the Board's office and the large contiguous areas of open The intent of this Section is to agricultural land for use by local Department of Planning Services. space,prime irrigated agricultural provide additional regulations and farmers and by providing a The correlation of the categories land,important natural resources standards for water supply to meet transition of land uses that focus to generalized zone districts as and scenic views. The intent is fire flow demands and solid waste the high densities in the center and defined in Chapter 23 of this Code to include a mix of densities to collection service,and to provide lower densities along the perimeter, are outlined in Appendix 26'iC. In create variation and options within standards for public facilities and and by incorporating a prairie style all cases,Chapters 23,24,and 27 the neighborhoods being created, services throughout the MUD areas. character into the theme of the should be consulted for clarification ranging from low density rural community. of specific requirements. estate lots(1 dwelling unit per acre) I up to medium density areas(10 • B.Water Supply and Sewage dwelling units per acre)envisioned Disposal. The specifications of B.This MUD area will include 1.Neighborhood centers. within and near the center or core water supply requirements for fire a variety of land uses that are area as defined by the intersection protection within the I:25 MUD organized around a passive and of Weld County Roads 49 and. areas are provided by the Mountain active open space system and an a.A commercial center created in 22. Appropriate neighborhood View Fire Protection District. The ongoing agricultural element. There the heart of the Southeast Weld commercial services permitted Mountain View Fire Protection will be a diversity of housing types MUD will serve the neighborhood under the Comprehensive Plan's District shall be consulted enabling citizens from a wide range commercial and retail needs of the definition of"Residential"will be concerning its fire requirements. of economic levels and age groups community. This commercial center located at this general intersection. Chapter 22 of this Code specifies to live within the community,as should be consistent in character of All uses within the Residential that the water supply system well as some commercial and retail communities throughout the West. serving a proposed development services,to address the needs of site or zone district must deliver the residents. Please see LEGAIS a minimum of five hundred(500) b.The commercial centers are • gallons per minute at twenty(20) intended to provide safe,efficient pounds per square inch residual C.Neighborhoods within this MUD areas offering convenience page 27 pressures for thirty(30)minutes. area will vary within the community goods and services to residents The St.Vrain Sanitation System, and may include one -acre cluster of surrounding neighborhoods. CPAXLP ro'(an).C Oft (v 1 )i loh o!i .l Iniiiiiil!6 q'm1.E I A, I,n1• I U t!,o, Ju it - Ir6 il rg'. s 91HJ6btoti,lf•. .lf I 2iCJl.cl €rJi0)11 38.Q3'Ljr.,SI 1m1J1Tc[,ax5alt J4 a 3 ( 1 , ,i e�l I61(7 ,IA'J'3r(E V.41..11w"i I'll jell,oll-1f OH'$111)1 ?®�A',4I .1)i<( t9 ue3-.In n.'r r otg4k4430.04,40b bb*fin , Ir.23ldlb�,tlfiffbM9-FlKEItSaMe e?C)^Aen0.^I!6d2 29C6'iL7n6J i tnamfianan art nt rite-One-pc In n+9,ix bemd D LEGALS development. These physical Planning Services. variety of species. A partial list of elements include floodplain, . plant materials that are native or critical wildlife habitat areas, adapted to Colorado's Front Range from page 26 aquifer recharge,riparian areas, Sec.2673750. Maximum lot is included in Appendix 261G. • raphical constraints and coverage regulations. Plant materials that are discouraged • r similar inhibiting elements. within this area Include: Although these sites contain land use category factors which limit certain types All land use applications in the will utilize public of development,these areas are, Southeast Weld MUD area shall a.Cotton:bearing cottonwoods sewer service. nevertheless,usable for agricultural adhere to the regulations governing (Populus). production,recreational activities the maximum percentage of and parks,or other functions that lot coverage. The maximum c.The residential diversity cannot damage or be damaged lot coverage is defined as the b.Siberian and Chinese elm incorporates single0famiy by the constraining site factors. maximum percent of the total area (Ulmus). detached homes,single-family These areas can also enhance of a lot in a zone district that shall duster,attached single0family the character of this MUD area by be covered by any structure. Land homes and multl0famiy homes. providing corridors for traits and shall not be deemed covered c.Tree of Heaven(Menthes). The community elements of a wildlife,and for the protection of if it is used for growing grass, neighborhood,such as active natural resources,riparian habitats shrubs,trees,Wants or flowers; parks,passive open space,public and natural features essential to the if it is covered W decorative d.Russian olive(Eleagnus and civic facilities,Includinngg but identity of the this MUD area. gravels or wood chips;or if it is anguatlfolia). not limited to,schools,utilities, otherwise suitably landscaped. roadways,fire protection,law The percentage of coverage on a enforcement and places of worship, b.Land designated as having lot shall not include the area of the e.Purple loosestrife(Lythrum will be permitted uses within the limiting site factors on the lot or development designated as salicarla). residential land use designation. Southeast Weld Mixed Use common open space as outlined in Al uses will have good pedestrian Development Structural Land Appendix 260E. The percentages connectivity and accessibility. Use Map,the most recent copy of outlined in Table 26.2 below shall be t All plants identified as noxious which is on file at the Clerk to the deemed the maximum lot coverage plants in Chapter 15 of the Weld Board's office and the Department for each zone district within the County Code. d.The successful design and of Planning Services,are primarily Southeast Weld MUD area. development of residential defined by the one:hundred❑year neighborhoods within this MUD floodplain(as defined by FEMA 3.Buildings and parking areas shall area is essential for it to function Flood Insurance Rate Mape). Sites Table 26.2g efficiently andthe located th of preserve and promote provide a sense shown with other factors important also health shallexisting pons. The of Developments plelo and commencodent incorporate tures other including life applicant be responsible for incorrateare encouraged features as well,paria areas,wildlife Maximum Weld t Coverage in the locating and preserving,ultreeswhere to incorporate design features habitat,mature riparian d Southeast MUD area feasible,all caliper in size of t which enhance the qualitypromote of and gra gravel resources. and sand r f massed ss groups or of or larger, the safetyne for orhood and and resources. Therefore, and small trees. for its residents. An additional land containing limiting Zone District within the Before iconstruction,shalb the following example of various design site factors is shown along irrigation PUD District precautions shall be taken to • considerations for subdivisions canals and ditches and adjacent Percent of Maximum Lot Coverage preserve quality trees: is illustrated in Appendix 26:D. to lakes. To the maximum extent C-1,C-2 85% These neighborhoods should be practical,development within areas R-1 50% accessible via sidewalks,trails having limiting site factors shall R-2,R-3,R-4,R-5 60% a.The applicant shall submit or greenways,creating identity be located to preserve the natural Estate,A• 30% to the Department of Planning for individual neighborhoods. features of the site,to avoid areas Agricultural zone districts in platted Services a detailed Landscape Residential areas characteristically of environmental sensitivity and areas. Plan delineating the existing and have few environmental impacts to minimize negative impacts and proposed trees,shrubs,ground and rely more upon service: alteration of natural features, covers,natural features,such related provisions such as law Sec.2673:60. Landscaping as rock outcroppings,and other enforcement and fire protection. regulations. landscaping elements. The Plan New development within these Sec.2603140. Common open shall show where landscaping locations shall,therefore,mitigate space regulations. exists or will be located,along with the impacts associated with its use. A.Intent. Landscaping is extremely Residential neighborhoods include, P 9 planting and construction details. but are not limited to,the following of develo for ensuring the the quality Where ,existing e plantings are to be activities and services: (PUDs)(PAil within the est MUD area Weldd MUD area. Trees, the s,shrubst the plans the roplisedt sethods vwithin asite shall other MUDsa. d greatly the h and in the proposed plan methods common n a portion ef the site as est plantings add co to c protecting the plantings during enspaceopen space. Common aesthetic'educing while,lowering construction. 1)Small parks. open is defined as any erosion,reducing glare,lowering usable parcel of land or water temperatures,buffering sounds essentially unimproved and set and blocking or diverting wind. As b.The applicant shall demonstrate 2)Civic uses,such as places of aside,dedicated,designated or no single landscaping plan can be to the Department of Planning worship,libraries and community reserved for public or private use prescribed for all developments Services that the maximum possible centers. or enjoyment,or for the use and due to differing land features, landscaping was preserved or enjoyment of owners or occupants topology and soils,the County relocated through the development of land adjoining or neighboring allows flexibility and encourages process. At least fifteen percent 3)Schools. such an area. Common open creativity in landscape designs. (15%)of the overall site must be space includes landscape areas Landscaping must be sensitive to landscaped. See Appendix 260F. that are not occupied by buildings the characteristics and maintenance 4)Residential. or uses,such as storage or services requirements of the planting areas,private courtyards,parking selected. Species must be chosen c.Heavy equipment shall be kept at lots and islands. In all PUD that are hardy for the climate and least five(5)feet from tree drip lines Public facilities and utility service districts except those containing soil conditions in the Southeast to prevent tree roots from being adMies. residential uses,common open Weld MUD area,can tolerate traffic, damaged. space may include landscape are resistant to disease and insects, setbacks adjacent to roadways, and which can be maintained. The 3.Agricultural lands. where the setbacks are not utilized following landscaping standards 4.Whenever the use of the property as parking or storage areas. set minimum requirements for all to be developed or redeveloped will Common open space is not to be developments within the MUD conflict with the use of adjoining a.Approximately 1,400 acres of this included in the calculation of the areas. property,there shall be an opaque MUD area will remain agricultural. maximum coverage per lot. The plantedsceen between the two Lands that are currently migated minimum percentages of land in (2)properties. The screen shall and have the necessary soil each development devoted to B.Design criteria. moderate the impactor noise,light, characteristics will continue to be common open space is listed in aesthetic concerns and traffic. used for agriculture purposes. A�pppeenrhdtlix 260E. Department of Through the use of alternative Plink g Services'staff reserves 1.Landscapes shall utilize the irrigation methods,the identified the ability to evaluate development following principles for maximum 5.All landscapes shall strive to agricultural lands will remain a design proposals with less common use of water: maximize the use of native species. viable and important asset to Weld open space than listed in Appendix Where native material is not County. The effluent from the 26:E.Staff will determine if the appropriate for the intended use or proposed treatment facility located proposed common open space a.We60planned and approved appearance,plant species that are in this MUD area will be a source meets the intent of the requirements planting schemes regionally adapted and noninvasive of water that can be managed as in this Chapter. shall be used. part of a re:um management plan that will make water available for b.Appropriate selection of drought: iation within this MUD arse,as B.Common open space shall tolerant turf species to minimize 6. Fescue,biome/fescue as the potential for providing be delineated in the sketch plan water needs and the use of water: or other turf types shall be used In some assistance for the agricultural phase of the PUD process. See hungry species of turf. lieu of bluegrass where heavy toot property and agricultural wells Appendix 26:F. In areas preserved traffic is not anticipated. Seeding within the Box Elder basin. The as common open space,a detailed versus sodding of all turf types is water that will serve this MUD description of the types of grass c.Mulch to reduce evaporation. preferred when the growing season must be treated and released in and landscaping which will be allows for adequate germination Weld County,providing a source of utilized and the maintenance groundwaterand establishment ntr the turf to a benefit for recharge that can be besubmitted ub schedule o such Department epcaping shall d.Zone i groupings,matceaccording sufficiently control erosion. agricultural within wells and be nn e r i the of to their microm nts. needs and crop producing areas Weld Planning Services, water requirements. County. to areas shell be configured t maximize its UtilityC.Ce regulation. of common t open or Improvementif of the soil with to natural un areas within the site, b. service in the s areas space retionof land do lieu of the organic matter needed. areas and or landscape be provided within the areas preservatwn of for oa7ege � areas within existing future designated as agricultural. common open space,and subject adjacent development. Small to the discretion of the Board f.Efficient inigation design. isolated islands of landscaping, of County Commissioners,the except as required in parking lots 4.Limiting site factors. applicant may utilize the cash 0in0 and for screening along roadways. lieu of common open space option p.Proper maintenance and shall be avoided. Open space outlined in Section 2716 780.8.8 irrigation scheduling. shall be provided where significant a.Areas comprised of limiting site with'tenns defined in Chapter 27, natural features exist. factors contain certain physical Article II of this Code. Thie.option elements that obstruct,or are shall be outlined in the sketch plan 2.Landscapes shall consist of a hazardous to,certain types of application to the Department of 7) and C.Landscaping LEGALS lemmela service analysis forecasts requkertente for c.A minimum landscape setback tom ca volume forecasts to ulat standardseveloassuming parking lots. along Weld County Roads q t from page 27 cumulative nlgrowth developments, and and the hill Subsequent improv meats rates and funded 1.At least tenffeet rontage meassured shill be fifty the t50)ang improvements. the area of a parking must of planned future rrlghtfof)waayrig or be landscaped if the lot contains ten(10)or more spaces. The proposed Iposeddeve pmenba tde f.Determine ctinn ions if lev l metes of the and offsetie ee conditions t if level toward r may be counted d.Along Weld County Roads 49 parameters of the study area. of service exceeds the MUD areas the t ach lot coverage and tree planting otences standards. ulrst ev of :fivzper district. shallthe roadway to grouped from At sevenry7five percent(75% the roadway avoid a straight line 2.Existing conditions: of the required landscape area shall of trees. The effectiveness of the 4.Trip Generation: Determinedaily include living plant material' screening shall be increased by and a.m.and p.m.peak hour plaMMg trees and shrubs in layered a.The street capacity standard in trip generation for the proposed beds(two or more rows of plant the MUD area is Level of Service development,using established 2.Bermirg and shrub or tree materiel rater than a single row).:, C and the intersection capacity is rates identified in the Trip planting shall be used to screen A mix of coniferous and deciduous'' Level of Service D. 'parking lots from view of the trees and shrubs shall be planted jn' Generation ute Manual published p . Bemis can vary in height dusters or grorpings. by the i Engineers, ore of Transportation of ring on location and proximity b.Conduct a.m.and p.m.peak hour County staff, as agreed to with existing trees. Bemis shaft have turn movements and average daily smooth transitions from the top e.Required landscaping and traffic counts for intersections and of the cub to the setback line so screening within the landscape links within the study area if there 5.Trip Distribution: Based on as to not create snow traps,with setback and other portion of the are no available counts collected assumptions contained in the MUD allowances made for plament properly shall be governed by the` within the previous twelve(12) areas traffic analysis or market of the sidewalk. G irad rg of berms landscape standards contained yy shall not be lumpy or abrupt. See within this Chapter and any other.:. months. estimates,descnbe the anticipated t Appendix 267H more restrictiveproposed ro distribution patterns for the contained inrequirements 23 Chapters 23 and 24 oT development. this Code c.level of service a peak hour intersection edon of analysis for the 3.landscaping techniques shall be intersections. 6.Trip Assignment: Based on the used to alleviate the harsh visual projected trip generation,assumed appearance that accompanies f.There shall be a minimum trip distribution and the prevailing parking tots. See Appendix 2671. twenty7five7ootawide landscape d.Determine whether the existin roadway network,assign the At least seventyaflve percent(75%) setback along Weld County Roads daily traffic volumes exceed the projected traffic to the intersections of the length of the frontage of 22 and 49,measured from the arterial daily volume standards and streets within the study area. the parking lot must be effectively existing or planned future right7 as identified in the MUD street screened. of_-way. standards for major arterial,arterial, secondary,collector and local 7.Existing+Committed+Project 4.A minimum of five streets presented in Appendix (E+C+P)Traffic Volumes and Level percent g.There shall be a minimum 2411E.Roadway GrossoSections. of Service: (5%)of the parking area shall be twentyafootOwide landscape These standards delineate landscaped exclusive of setback setback measured from the existing rightaof away,lane configurations, areas. Trees planted in parking or planned future rightao away to median treatment,bike lanes and a Add project a.m.and p.m.peak areas should be either in bays any parking lot,fencing,storage pedestrian sidewalks. hour and daily traffic volumes to or planting islands of at least five area or structure. Required existing plus committed traffic feet by five feet(5'X 5'). Trees landscaping and screening within volumes. should be distributed throughout the the landscape setback and other 3.Cumulative conditions: parking area;however,they shall portions of the property shall be placed so they do not obstruct be govemed by the landscape f visibility for cars and pedestrians. standards contained within this a.Identify previously approved or s. n intersection andletermine e Generalty,every tenth parking Chapter and any other morewhether te analysis and dlumes space anticipated ed developments r that may xce daily standard nd volumes should in delineated to with a in Chapters requirements 24of this contained affect the study area's circulation exceed street thresholds. planting %. addition Ap th6 five in Chapters 23 and 24 this Code. system. percent(5%). Sea Appendix 280J. � h.Appendices 280M through 26oP 8.Signal Warrant Analysis: 5.Loading,service or storage areas illustrate the proposed character, b.Generate,distribute and assign must be screened with an traffic to the existing roadway opaque forming add lancocape setbacks network a.Using the AASHTO Manual on screen that is an integral part of the for the roadway corridors. Traffic Control Devices building architecture. Chain link fencing with slats,fabric or pallets (MUTCD),or other adopted are not en acceptable screening Sea 26:3780. Transportation and c.Determine annual growth rates stanndards,determine whether and project future traffic volumes proposed intersection volumes material. Plant material shall be circulation regulations. used to soften the appearance of for the time frame corresponding to exceed signal warrants for those . the screen. project buildiout. network locations on the ig transportation rtetlon A.Intent. As transportation • where signals are D.Lendsca e g in demands increase in the MUD d.Identify funded circulation proposed. requirements along areas,the need to preserve the improvements,both public and roadway corridors. functional Integrity and hierarchy private,that will be constructed of the existing roadways and 9.Access: Projects involving provide new roadway capacity is prior to the proposed development's access to the state highway 1.Intent. The major roadway becoming Increasingly important. occupancy. system shall indicate appropriate corridors within the Southeast The purpose of this Section is to conformance to the latest revisions Weld MUD area are Weld County provide for the planning,design and the shall discuss theCode. Roads 22 and 49,and all strategic construction of improvements o e.Conduct a peak hour intersection tli roadways delineated by Weld new and existing roadway facilities County strategic Roadways. The consistent with Chapters 22,23, proposed development meets the Required improvements may also major%% County roadway 24 and 27 of this Code. The intent access control guidelines. include the acquisition of rightaof7 corridors are Weld County Roads of these standards is to provide way and construction easements 49 and 22. These roadways play for a certain level of performancepertoance. that will be dedicated to the public. an important role in the function Consequently,If It can be shown 10.Mitigation Measures: Mitigation Improvements attributed to the and image of the Southeast Weld that an alternate design,material or measures will be implement to development shall be consistent MUD area. The following design procedure will provide performance provide the needed improvements with the direct impact a particular standards relate to the visual quality equal to,or better than,the required to offset project impacts as development has on the County of these roadways. As the MUD design,material or procedure,that determined by the traffic impact road system,as determined by a areas develop,additional roadways alternate may be approved by the analysis. may require similar consideration Director of Public Works. . The road imalprovements transportation omen ste as these edstl and road improvements agreement �y and roadway construction plans em made the inelnt will C.Design standards. shall be considered by the Board of be made b the Department of B. ntTrafficdevelopments Impact Analysis. County Commissioners. Public mertsand the Colorado significant Weld p UD a within aTr ons All the Southeast Wed MUD area areas development within the MUD roadwaysor that are not r considered pg required to prepare a traffic ,2 ,shall comply with Chapters D.Circulation System. major roadway corridors are impact t a a at the time All the the Co rand 27 ofigthis Code and considered secondary roadways. Sketch Plan application. traffic the Colorado State Highway Access analysis information and reports Code,2 CCR 601:-.1. Consistent 1.The proposed MUD circulation shall be prepared and certified o by with the urban scale development system is shown on the Southeast 2.Design criteria. a Registered Professional Engineer standards in the MUD areas,all Weld Mixed Use Development competent in traffic engineer g. parking areas for commercial and Area Structural Land Use Map,the The intent of this analysis industrial development shall be most recent copy of which is on file a.Plantings along road rightsiof7 is to determine the project's paved according to geometric and at the Clerk to the Board's office way shall be Integrated with the rest cumulative development impacts, road structure design standards. and the Department of Planning of the site. appropriate project mitigation and Services. The transportation improvements necessaryto offset network reflects a hierarchy of b.That portion of a let ina specific projects impacts. The 2.Geometric Design Standards. roads,from a major arterial which any zone Carty may require the developer Geometric design for streets and serves both the regional and local district which abuts a public or to pay a propordonate share of the roads shall be in accordance with traffic with higher speeds and private road rightiofaway shall costs of said Improvements through A Policy on the Geometric Design capacities with controlled private be landscaped with a minimum an improvements agreement. All of Highways and Streets,published access,to a collector which serves twoaandDone'half 7inch caliper traffic impact analysis shall contain, by the American Association of local traffic and provides access to shade tree or sixafoot minimum as a minimum,the following State Highway and Transportation future development. The proposed height coniferous tree at a distance information: Officials. Specifications,standards hierarchy of roads includes both of ten feet,measured at a right or design criteria,published by reconstruction and/or widening of from m the lot line towards the other govemmental agencies, existing roads and alignments for interior of the lot,for every forty(40) professional organizations or new roads. The transportation linear feet of sheet frontage. Trees generally accepted authoritative network also identifies locations of may be grouped with a maximum ■ Please see LEGALS source,may be used in geometric future signals. distance of one hundred(100) design. All specifications, feet between trees or groupings, page `L8 standards,or design criteria shall with exceptions made at entrance be referenced and copied as part of 7 drives. CPAXLP the submittal information. � CI)�,-�� /O 0C.)M71, 10 /' 3.Road Structure. Structural 2.The MUD roadway CIOSsI the MUD areas. capacity shall be designed in sections are Identified in Appendix this e. Cod in Section 24777130 of accordance with the Guide for 240E,Roadway Cross1Sections. fie' Design of Pavement Structures, Roadway classifications may Sec.26030100. Utility, published by the American change as development in the infrastructure and public facility E.Schools. Association of State Highway MUD areas occurs. Roadway regulations. and Transportation Officials. classifications may be reelevaluated Specifications,standards or by the Director of Public Works 1.A residential subdivision design criteria published by with the results of the traffic impact A.Intent. By nature,most utility application shall be referred to the other governmental agencies, analysis. services are highly regulated. applicable school district for review professional organizations or This regulation encompasses and recommendation regarding generally accepted authoritative ownership,financing,competition, school district requirements. The source may be used in design. All Sec.2673090. Sign district cost recovery,construction, Department of Planning Services, specifications,standards or design regulations. environmental protection and Planning Commission and Board criteria shall be referenced and safety. Given this regulatory and of County Commissioners shall copied as part of the submittal legal environment,wellDestablished consider the recommendation of the information. All roads shall adhere A.Intent. Within the MUD areas, federal,state,county and industry school district. to the standards set forth In Chapter signage has become an increasing standards/codes exist that govem 24,Article VII of this Code. issue,especiplly along traffic most aspects of utility service. corridors such as Weld County The intent of this Section is to Re-enact Appendices 26-D,26-F Roads 22 and 49. While signs provide additional regulations and through 26-N,and 26-P without 4.Structural Road Improvements. serve as important directional, standards for water supply to meet change;Amend Appendices 26-A, Adjacent roadways shah be informational and advertising fire flow demands and solid waste 26-B,26-C,26-E,and 26-0,as designed to meet the full typical tools,the clustering of signs may collection service,and to provide attached. section specified in the County obscure the landscape and confuse standards for public facilities and Transportation Plan and Chapter and distract drivers. Signage services throughout the MUD areas. 24 of this Code. For example, controls are intended to protectBE IT FURTHER ORDAINED by improvements may include the and preserve the visual quality d the Board that the Clerk to the construction of travel lanes, the roadways within the Southeast' B.Water Supply and Sewage Board be,and hereby is,directed shoulders,bike lanes,medians, Weld MUD area while preventing Disposal. The specifications curb,gutter and sidewahu. the obstru tion of traffic visibility ersetsfof to arrange for supplement pe Code and confusion from improperly water supply requirements for fire Publishing to the Weld placed and designed signs. These protection within the Southeast County Code with the amendments Weld MUD area is provided by the contained herein,to coincide provisions control the magnitude, placement and number of signs in Southeast Weld Fire Protection with chapters,articles,divisions, District and$a Hudson Fire sections,and sub sections as they Protection Minot. Chapter 22 currently exist within said Code; of this Code specifies the water and to resolve any inconsistencies supply system serving a proposed regarding capitalization,grammar, development site or zone district and numbering or placement must deliver a minimum of five of chapters,articles,divisions, hundred(500)gallons per Minute at sections,and sub-sections in said twenty )pounds per square inch Code. residual pressures for thirty(30) minutes. Resource Colorado end Pioneer Metropolitan Districts shall BE IT FURTHER ORDAINED provide for the sewage disposal by the Board if any section, within the Southeast Weld MUD subsection,paragraph,sentence, area,except those uses specifically clause,or phrase of this Ordinance exempted from the PUD process in is for any reason hells decided to Section 2602060 of this Chapter. be unconstitutional,such decision shall not affect the validity of the remaining portions hereof, The C.Solid Waste. Residential and Board of County Commissioners commercial solid waste collection hereby declares that it would services in the area shall be have enacted this Ordinance arranged directly between solid in each end every section, waste disposal firms and property subsection,paragraph,sentence, owners/managers. Solid waste clause,and phrase thereof disposal shall be accomplished by irrespective of the fact that any n firms at licensed disposal one or more sections,subsections, facilities. The number of service paragraphs,sentences,clauses, providers may be restricted. or phrases might be declared to be unconstlhuhonal or Invalid. D.Storm Drainage Design and Technical Criteria. The County does not publish technical data or storm drainage design manuals. The consulting engineer for the developer Is to use published materiel by a generally accepted authority approved by the Director of Public Works. The materiel used must be referenced end cooled as part of the submittal information. All development within the MUD wen shshell oda g the Sbnnn Drainage Deslpn and TxMleel DIMS WELD COUNTY CODE ORDINANCE 2006-4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE - PIONEER COMMUNITIES, INC. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Board has received a request from Pioneer Communities, Inc., to amend Chapter 22 Comprehensive Plan; and staff has recommended an amendment to Chapter 26 Mixed Use Development of the Weld County Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado,that the attached Future Land Use Map-Pioneer Communities, Inc., as authorized by Section 22-1-130 of the Weld County Code, be, and hereby is, incorporated into and amended to Chapter 22 Comprehensive Plan. BE IT FURTHER ORDAINED BY THE Board of County Commissioners that Chapter 22 Comprehensive Plan and Chapter 26 Mixed Use Development of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 22 COMPREHENSIVE PLAN Change throughout Chapter 22, as appropriate - "1-25 Mixed Use Development area" to "Mixed Use Development areas" with appropriate tense changes "is" to "are", "this" to "these", "has been"to "have been", etc. Change throughout Chapter 22, as appropriate- "Mixed Use Developments"to "Mixed Use Development areas". Change throughout Chapter 22, specifically Section 22-1-150, as appropriate- "Mixed Use Development Area Map"or"Mixed Use Development Area Structural Land Use Map 2.1"to "1-25 Mixed Use Development Area 2.1 Land Use Map". Amend the following sections: Sec. 22-1-110. Relationship to planning documents. 2006-0940 PAGE 1 ORD2006-4 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 through D - No change. E. The Mixed Use Development Area Plans, Chapter 26, is the regulatory document defining regulations and minimum standards for development within—a two specifically defined geographical regions of the County. F - No change. 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. 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 Structural Land Use Map may be made without previously amending this Section 22-1-150, defining the criteria for such amendment. No change to remainder of section. Sec. 22-2-100. Urban growth. A through E - No change. F. The Mixed Use Development areas and urban growth nodes are identified areas of potential urban growth. The Mixed Use Development areas (a specifically defined geographic area in southwestern Wcld 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: No change to remainder of section. Sec. 22-2-170. Commercial development goals and policies. 2006-0940 PAGE 2 ORD2006-4 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,-I-25 Mixed Use Development AREA areas or urban development nodes,or where adequate services are currently available or reasonably obtainable. No change to remainder of section. Sec. 22-2-180. Residential development. A through F - No change. 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 area. See Section 22-2-210 and Chapter 27 for further information regarding Planned Unit Development. H - No change. Sec. 22-2-210. Planned Unit Development goals and policies. A- No change. 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, 1 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. No change to remainder of section. Sec. 22-2-220. -1-25 Mixed Use Development areas and urban development nodes. A. The Mixed Use Development Plan (MUD) areas 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 1-25 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 1-25 Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, promotes appropriate levels of facilities and services for the entire Mixed Use Development areas. These components are 2006-0940 PAGE 3 ORD2006-4 defined in Chapter 26, Article II Section 26-2-20.C. of this Code. C. Today,the MUD areas are at the center of existing and anticipated growth from the Denver Metro area. These commercial nodes will be 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 within the MUD areas. Sec. 22-2-230. General MUD Goals and policies. A. MUD.Goal 1. To plan and to manage growth and to provide for ease of inclusion in the-l-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 125 Mixed Use Development areas and urban development node should be established and delineated on the Structural Land Use Map. No change to remainder of section. Move the following from Section 26-1-50.8.1, to become Section 22-2-240, with changes as noted. Sec. 22-2-240. I-25 MUD Goals and Policies. A. I-25.MUD.EGoal 1. Establish a sense of community identity within the 1-25 Mixed Use Development area by planning and managing residential, commercial, industrial, environmental, aesthetic and economic components of the area. 1. I-25.MUD.EPolicy 1.1. The MUD areas shall be delineated on the 1-25 MUD Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. 2. I-25.MUD.EPolicy 1.2. Development within the MUD areas shall adhere to the 1-25 Mixed Use Development Area Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning 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. 1-25.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 2006-0940 PAGE 4 ORD2006-4 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.G-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. I-25.MUD.G Policy 2.4. Adequate pedestrian passageways between and within developments and neighborhoods shall be encouraged. 5. I-25.MUD.EPolicy 2.5. Sign regulations shall be strictly enforced within the 145 MUD areas as outlined and defined in Section 23-4-70 of this 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.EPolicy 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. I-25.MUD.G-Policy 2.7. New development shall be designed to complement the natural environment and exhibit a "campus-like" atmosphere. 8. I-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.EPolicy 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.EPolicy 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.aPolicy 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. 12. I-25.MUD.EPolicy 2.12. New development designs shall discourage continuous solid fencing adjacent to streets. C. I-25.MUD.&Goal 3. Community form and identity shall be encouraged through the enhancement and preservation of natural resources and features. 2006-0940 PAGE 5 ORD2006-4 1. I-25.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. I-25.MUD.ePolicy 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. I-25.MUD.ePolicy 3.3. New development shall minimize impacts to air quality. 4. I-25.MUD.E-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.EPolicy 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.EPolicy 3.7. State park and recreational areas shall not be adversely impacted by new development. D. I-25.MUD.eGoal 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. I-25.MUD.E-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.EPolicy 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 PUD 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. Move the following from Section 26-1-60, to become Section 22-2-250, with changes as noted. Sec. 26-1-60 22-2-250. 1-25 MUD public facilities and services goals and policies. A. Due to the expense and limited available funding, proper and efficient allocation of 2006-0940 PAGE 6 ORD2006-4 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 1-25 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 1-25 MUD areas. C. I-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. 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. I-25.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 1-25 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. I-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. 1-25.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. I-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. I-25.MUD.P.Goal3. Provide land for adequate school facilities conveniently placed central to residential neighborhoods and available for use provide financial assistance to ensure the construction and use of the facilities in a timely manner. 1. MUD.f.Policy 3.1. Encourage the siting of schools near or adjacent to community parks, open spaces and trail systems. 2006-0940 PAGE 7 ORD2006-4 construction for essential community facilities to the fullest extent consistent with-state-taw and identify any additional costs which will not be mitigated by the development as proposed. 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. I-25.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: a. Information which accurately identifies all users of the infrastructure improvements and maintenance; b. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; and c. 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 on-going operating and maintenance costs required to service such development and any associated impacts resulting from the development. Move the following from Section 26-1-70, to become Section 22-2-260, with changes as noted. Sec. 26 1-7022-2-260. I-25 Transportation and circulation goals and policies. 2006-0940 PAGE 8 ORD2006-4 A. Local residents,commuters,travelers and business owners are dependent on major transportation corridors to access needed commercial and retail services within the 1-25 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. l-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. l-25.MUD.T.Policy 1.1. The County will plan and maintain a transportation system in the 1-25 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. l-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. l-25.MUD.T.Goal 2. Promote a pedestrian trail system to service transportation and recreation purposes within the 1-25 MUD areas. E. l-25.MUD.T.Goal 3. New development within the 1-25 MUD areas shall provide a mechanism for balancing relevant fiscal and economic components of transportation systems. 1. l-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. I-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. l-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. l-25.MUD.T.Goal 4. As development occurs,the feasibility of a public transit system 2006-0940 PAGE 9 ORD2006-4 shall examined in the MUD areas. Add the following section: Sec. 22-2-270. Southeast Weld MUD area goals and 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 Range. The following goals and policies are designed to allow for the efficient, economical, and logical development of this Mixed Use Development area. 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 is to increase water efficiencies that will expand the crop base. 1. SE.MUD.Policy 1.1. New services to the 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 the services needed to meet the phased needs of the MUD in a timely manner. 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 Southeast Weld 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. 2006-0940 PAGE 10 ORD2006-4 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 for neighborhood-based services, not only within the MUD, 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 must properly utilize any planned expansions of Weld County Roads 49 and 22. 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 percent of the Southeast Weld MUD area must be open space consisting of passive, public use parks and agricultural preservation areas. With the large setbacks 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 appearance 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. Add the following section (This entire section duplicates Section 22-2-250, which was moved from Section 26-1-60; therefore, the name change of 1-25 MUD and Southeast Weld MUD is not highlighted. Any changes initially made in Section 22-2-250 are also not 2006-0940 PAGE 11 ORD2006-4 highlighted;so the only highlighted changes are differences between Section 22-2-250 and 22-2-280: Sec. 22-2-280. Southeast Weld MUD 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 areas. C. SE.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. 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 a municipality, municipalities, urban growth boundary areas, or-en areas that can adequately piw,,;Je infrastructure needs. 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. All r UDs within the 1-25 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. 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.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 the same level of service that exists throughout the districts. 2. SE.MUD.P.Policy2.2. The County law enforcement agencies shall focus on 2006-0940 PAGE 12 ORD2006-4 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 the development. 1. SE.MUD.P.Policy 4.1. New development should comply with Section 22-3-10 Chapter 22, Article Ill 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: a. Information which accurately identifies all users of the infrastructure improvements and maintenance; b. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share; and c. 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 on-going operating and maintenance costs required to service such development and any associated impacts resulting from the development. G. SE.MUD.P.Goal 5. The siting of schools will occur near, or adjacent to, community 2006-0940 PAGE 13 ORD2006-4 parks, open spaces and trail systems. Add the following section (This entire section duplicates Section 22-2-260, which was moved from Section 26-1-70; therefore, the name change of 1-25 MUD and Southeast Weld MUD is not highlighted. Any changes initially made in Section 22-2-260 are also not highlighted;so the only highlighted changes are differences between Section 22-2-260 and 22-2-290: Sec. 22-2-260. Southeast Weld MUD Transportation and 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 1-25 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 Southeast Weld MUD areas. 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 economy within the MUD areas. 1. SE.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 they-25 MUD areas. 2. SE.MUD.T.Policy 1.2. All new development shall comply with Sections 22 3 GO through 22 3 100 of this Codc. 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 pruposIU 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. SE.MUD.T.Goal 2. Promote a pedestrian trail system to service transportation and recreation purposes within the I25 MUD areas. E. SE.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. 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 2006-0940 PAGE 14 ORD2006-4 appropriate project mitigation. 2. 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. 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. SE.MUD.T.Goal 4. As development occurs, the feasibility of a public transit system shall be examined in the MUD areas. 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. 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. Sec. 22-3-50. Public facility and service goals and policies. A through B.4 - No change. B.5. P.Policy 2.5. Provide a mechanism for funding public facilities, accommodating service expansion, and community amenities based on the demand created by t he development. Metropolitan district(s) may be formed to address and assess needs based on the development of the MUD. Sec. 22-3-130. Rail transportation. A through C - No change. D. A-pPotential for conflict exists between railroad lines and other land uses within urban growth boundaries and the-1-25 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. No change to remainder of Section. Sec. 22-4-30. Water goals and policies. 2006-0940 PAGE 15 ORD2006-4 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 2.1. As conditions warrant, applicants proposing unsewered divisions of land or development shall evaluate the impacts on groundwater quality. 2. MUD.WA.Policy 2.2. Applications for new development shall consider the installation and maintenance of managed and advance treatment septic systems to prevent potential groundwater pollution. 3. MUD.WA.Policy 2.3. 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 1-25 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. 2006-0940 PAGE 16 ORD2006-4 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 mainteained in their natural state to ensure natural re-charge. E. MUD.WA.Goal 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. CHAPTER 26 MIXED USE DEVELOPMENT Change throughout Chapter 26 - Change all references to maps to indicate whether "1-25 Mixed Use Development Area Structural Land Use Map" or "Southeast Weld Mixed Use Development Area Structural Land Use Map". Change throughout Chapter 26 -All references to the Mixed Use Development area should be changed to plural, the Mixed Use Development Areas. (In the text below, this change is not highlighted.) ARTICLE I Mixed Use Development Areas Sec. 26-1-10. General. A. The Mixed Use Development areas (MUD areas) provide unique and challenging opportunities for the establishment of an on-going planning process in areas which are experiencing increased growth and development. The presence of an interstate and state highway system and the external growth pressures from the Longmont Metropolitan Area and the 1-76 Corridor have added to the interest in la nd development and population growth within these areas. The intent of this Chapter is to guide and implement planned land use changes in the MUD areas, particularly the conversion of rural lands to more intensive urban-type land uses. The regulations found in this Chapter are intended to be implemented by the land use and development policies in the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and Planned Unit Development Ordinance, contained in Chapters 22, 23, 24 and 27, respectively, of this Code. B. A list of common acronyms and abbreviations utilized in this Chapter is contained in Appendix 26-A to this Chapter. Sec. 26-1-20. Planning area boundaries. 2006-0940 PAGE 17 ORD2006-4 A. There are two planned areas for mixed use activities defined within unincorporated Weld County. One area is located along the 1-25 corridor while the other can be found in close proximity to the 1-76 corridor in Southeast Weld County. B. The 1-25 MUD area covers approximately fifteen thousand (15,000) acres with approximate boundaries at Weld County Road 1 on the west, Weld County Road 15 on the east, Weld County Road 32 on the north and Weld County Road 20 on the south. The planning area boundaries are shown on the 1-25 Mixed Use Development Area Structural Land Use Map and the Southeast Weld Mixed Use Development Area Structural Land Use Map, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services. C. The Southeast Weld MUD area is located in southern Weld County along the transportation corridors of Weld County Roads 49 (WCR 49), and Weld County Road 22 (WCR 22), and is situated to participate in Weld County's future share of commercial, industrial and residential growth. The area is in close proximity to major regional economic generators such as Denver International Airport and the metropolitan areas of greater Denver and Greeley. The existing transportation links of 1-76 and its existing interchanges, and the County's commitment to Weld County Road 49 to serve as the County's only continuous north-south highway from Greeley to the south, east of Interstate 25,alf support the need to identify this area as an urban corridor. The planning area boundaries are shown on the Southeast Weld Mixed Use Development Area Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. Sec. 26-1-30. Amendment procedure. Individuals may submit a proposal to amend the MUD Structural Plans in accordance with the procedures set forth in Section 22-1-150 of this Code. Any applicant submitting a proposal to amend the 1-25 or Southeast Weld Mixed Use Development Structural Land Use Maps shall also submit a deed or legal instrument to the Department of Planning Services identifying their interest in the property. Sec. 26-1-40. Existing services. The MUD areas are intended to be areas which will accommodate development that may occur as a result of the planned infrastructure and services existing and developing. The tables at Appendix 26-B and Appendix 26-C to this Chapter display the existing service providers in the MUD areas. Sec. 26-1-50. PUD Districts in MUD areas. (Moved from 26-2-60) A. Intent. The PUD provisions shall be applied to all proposals for commercial, industrial and residential developments Owithin the MUD areas, with the exception of those developments specifically called out and excluded in this policy document Code. All PUD Districts in the MUD areas shall adhere to the procedures and requirements outlined in Chapter 27 of this Code. B. Exemptions from the PUD District Provisions. 1. The following uses are exempt from utilizing the PUD process within the 2006-0940 PAGE 18 ORD2006-4 MUD areas and will require a Use by Special Review (USR) application: a. Sand and gravel mining operations. b. Home businesses as defined in Chapter 23 of this Code. c. Agricultural service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including such uses as outlined in Section 23-3-40.6 of this Code. d. Those uses which were legally created prior to the PUD requirement and located on a single legally created lot. 2. The following land use applications are exempt from utilizing the PUD process in the A (Agricultural) Zone District within the MUD areas: a. Recorded exemption in the A (Agricultural) Zone District. b. Subdivision exemptions. c. Amendments to recorded exemptions and subdivision exemptions. d. Zoning permits for mobile homes. e. Zoning permits for accessory dwellings. f. Manufactured home zoning permits. g. Certificate of compliance. h. Flood hazard and geologic hazard development permits. Sec. 26-1-60. General. (Moved from 26-2-10) A. Recent activity in the MUD areas has accelerated and reinforced the need for long-term approaches to planning. This increase in development has resulted in the creation of development standards to regulate these areas. These development standards shall apply to all structures and land within the MUD areas as shown on the 1-25 Mixed Use Development Area Structural Land Use and the Southeast Weld Mixed Use Development Area Structural Land Use, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services. These regulations provide development standards to implement the goals and policies in the Mixed Use Development Section of Chapter 22 of this Code. Sec. 26-1-70. Intent. (Moved from 26-2-20) A. The intent of these regulations is to ensure the compatibility of various land uses, buildings or structures within the MUD areas. These regulations are intended to allow flexibility and encourage creativity in development of the areas in regard to density, height of structures, setbacks and common open space. The development standards found in this plan are the minimal development standards allowed in the 2006-0940 PAGE 19 ORD2006-4 MUD areas. ARTICLE II I-25 MUD Sec 26-2-10. Development Standards. (Moved from 26-2-20.B) A. In the 1-25 MUD, land use designations are grouped into five (5)structural land use categories. These categories are conceptual designations and shall not be interpreted or construed to give rise to any vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein. B. Structural land use categories: 1. Employment centers. 2. Regional commercial. 3. Neighborhood centers. 4. Residential neighborhoods. 5. Limiting site factors. C. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined in Section 26-2-20 below and are delineated on the 1-25 Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. The correlation of the categories to generalized zone districts as defined in Chapter 23 of this Code are outlined in the table at Appendix 26-C to this Chapter. In all cases, Chapters 23, 24 and 27 should be consulted for clarification of specific requirements. Sec. 26-2-20. I-25 MUD Structural land use categories. (Moved from 26-2-30) A. Employment Centers. 1. The structural land use plan provides a unique opportunity to create major centers of new employment in the MUD areas, which employment centers are linked and orientated toward the network of regional and national roadways serving the area. Employment centers are orientated around major roadways to allow for goods and services to the traveling public. These centers may also accommodate high-intensity industrial uses which create minimal negative visual impacts. 2. Employment centers characteristically have high transportation impacts and environmental concerns such as noise, dust and pollution. Even with the associated impacts,these centers are intended to provide pleasant and safe environments for employees and visitors through planning and design standards. Outdoor eating and seating areas, pedestrian routes within parking lots and other pedestrian amenities should be provided for 2006-0940 PAGE 20 ORD2006-4 employees and visitors. Employment centers include, but are not limited to, the following activities and services in higher density commercial and industrial zone districts: a. Hotels and motels. b. Restaurants, including drive-in restaurants. c. Utility service facilities. d. Police and fire stations. e. Any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, as long as the use is conducted entirely within enclosed buildings. B. Regional Commercial Centers. Regional commercial centers are intended to provide safe, efficient areas offering convenience goods and services to residents of surrounding neighborhoods. These centers include commercial and industrial activities which are medium-intensity levels and have few environmental and service-related impacts. Activities in these centers may include the following: 1. Retail shops. 2. Civic uses such as libraries, community centers and churches. 3. Service businesses such as offices. 4. Public facilities and utility service facilities. 5. Restaurants. 6. Retail and wholesale establishments. 7. Light manufacturing and research facilities. C. Neighborhood Centers. Neighborhood centers are established to provide convenience goods and services primarily for the residents of a specific neighborhood. These centers should be accessible via sidewalks, trails or greenways, creating identity for individual neighborhoods. Neighborhood centers characteristically have few environmental impacts and rely more upon service-related provisions, such as law enforcement and fire protection. New development within these centers shall, therefore, mitigate the impacts associated with its use. Neighborhood centers include, but are not limited to, the following activities and services: 1. Small parks. 2. Civic uses, such as places of worship, libraries and community centers. 3. Public facilities, such as schools. 2006-0940 PAGE 21 ORD2006-4 4. Service businesses, such as smaller offices. 5. Residential mix. D. Residential. 1. Residential districts within this MUD area are encouraged to be cohesive, identifiable and diverse, while retaining the current agrarian lifestyle of residents in the area. The County encourages comprehensive and coordinated neighborhood design efforts in developments, especially with regard to circulation provisions, conservation of natural features and relationship to established neighborhood centers. The County also encourages diversity of housing types, including owner-occupied and rental housing, which serve all economic segments of the population and match local incomes and age groups. Higher residential densities shall be situated within close proximity to the designated neighborhood centers. Each neighborhood shall have an interconnected network of local streets that provide direct connections to local destinations. 2. The successful design and development of residential neighborhoods within this MUD area is essential for it to function efficiently and provide a sense of place and community identity. Developments are encouraged to incorporate design features which enhance the quality of the neighborhood and promote safety for its residents. An example of various design considerations for subdivisions is illustrated-at in Appendix 26-D to this CI rapt... E. Limiting Site Factors. 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 this MUD area by providing corridors for trails and wildlife,and for the protection of natural resources, riparian habitats and natural features essential to the identity of this MUD area. 2. Land designated as having limiting site factors on the 1-25 Mixed Use Development Area Structural Land Use Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, are primarily defined by the one-hundred-year floodplain (as defined by FEMA Flood Insurance Rate Maps), which comprises approximately four thousand five hundred (4,500) acres, or thirty-eight percent (38%) of the total designated area in this MUD area. Sites shown with limiting factors also incorporate other important natural features as well, including wildlife habitat, mature riparian areas, primary drainageways, and sand and gravel resources. Therefore, additional land containing limiting site factors is shown along irrigation canals and ditches and adjacent to 2006-0940 PAGE 22 ORD2006-4 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. Sec. 26-2-30. Common open space regulations. (Moved from 26-2-40) A. All Planned Unit Developments (PUDs) within the 1-25 MUD area shall preserve a portion of the site as common open space. Common open space is defined as any usable parcel of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners or occupants of land adjoining or neighboring such an area. Common open space includes landscape areas that are not occupied by buildings or uses, such as storage or services areas, private courtyards, parking lots and islands. In all PUD districts except for those containing residential uses, common open space may include landscape setbacks adjacent to roadways, where the setbacks are not utilized as parking or storage areas. Common open space is not to be included in the calculation of the maximum coverage per lot. The minimum percentages of land in each development devoted to common open space is listed in Appendix 26-E to this Chapter. Department of Planning Services' staff reserves the ability to evaluate development design proposals with less common open space than listed in Appendix 26-E. The sStaff will determine if the proposed common open space meets the intent of the requirements in this Chapter. B. Common open space shall be delineated in the sketch plan phase of the PUD process. See the example-at in Appendix 26-F. In areas preserved as common open space, a detailed description of the types of grass and landscaping which will be utilized and the maintenance schedule for such landscaping shall be submitted to the Department of Planning Services. C. Cash-in-lieu of Common Open Space Regulation. In lieu of the preservation of land for on-site common open space, and subject to the discretion of the Board of County Commissioners, the applicant may utilize the cash-in-lieu of common open space option outlined in Section 27-6-80.B.8 with terms defined in Chapter 27, Article II of this Code. This option shall be outlined in the sketch plan application to the Department of Planning Services. Sec. 26-2-40. Maximum lot coverage regulations. (Moved from 26-2-50) All land use applications in the 1-25 MUD area shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage is defined as the maximum percent of the total area of a lot in a zone district that shall be covered by any structure. Land shall not be deemed covered if it is used for growing grass, shrubs,trees, plants or flowers; it is covered by decorative gravels or wood chips; or-if it is otherwise suitably landscaped. The percentage of coverage on a lot shall not include the area of the lot or development designated as common open space as outlined in Appendix 26-E. The percentages outlined in Table 26.1 and Table 26.2 below shall be deemed the maximum lot coverage for each zone district within the MUD areas. Table 26.1 Maximum Lot Coverage in the 1-25 MUD Area Percent of Zone District within the Maximum Lot PUD District Coverage 2006-0940 PAGE 23 ORD2006-4 C-1,C-2,C-3, C-4, I-1, 1-2, 1-3 85% R-1, Estate,A* 50% R-2, R-3, R-4, R-5 60% *Agricultural zone districts in platted areas. Sec. 26-2-50. Landscaping regulations. (Moved from 26-2-70) A. Intent. Landscaping is extremely important for ensuring the quality of development in the 1-25 MUD areas. Trees, shrubs and other plantings add greatly to the aesthetic appeal while controlling erosion, reducing glare, lowering temperatures, buffering sounds and blocking or diverting wind. As no single landscaping plan can be prescribed for all developments due to differing land features,topology and soils, the County allows flexibility and encourages creativity in landscape designs. Landscaping must be sensitive to the characteristics and maintenance requirements of the planting selected. Species must be chosen that are hardy for the climate and soil conditions in the MUD areas, that can tolerate traffic, that are resistant to disease and insects, and whose maintenance needs can be metwhich can be maintained. The following landscaping standards set minimum requirements for all developments within the MUD areas. B. Design Criteria. 1. Landscapes shall utilize the following principles for maximum use of water: a. Well-planned and approved planting schemes. b. Appropriate selection of drought-tolerant turf species to minimize water needs and the use of water-hungry species of turf. c. Mulch to reduce evaporation d. Zone plant groupings according to their its microclimatic needs and water requirements e. Improvement of the soil with organic matter, if needed f. Efficient irrigation design g. Proper maintenance and irrigation scheduling. 2. Landscapes shall consist of a variety of species. A partial list of plant materials that are native or adapted to Colorado's Front Range is included in Appendix 26-G. Plant materials that are discouraged within this area include: a. Cotton-bearing cottonwoods (Populus). b. Siberian and Chinese elm (Ulmus). 2006-0940 PAGE 24 ORD2006-4 c. Tree of Heaven (Allianthus). d. Russian olive (Eleagnus angustifolia). e. Purple loosestrife (Lythrum salicaria). f. All plants identified as noxious plants in Chapter 15 of the Weld County Code. 3. Buildings and parking areas shall be located to preserve and promote the health of existing trees. The applicant shall be responsible for locating and preserving, where feasible, all individual trees of four-inch caliper in size or larger, and massed groups of small trees. Before construction,the following precautions shall be taken to preserve quality trees: a. The applicant shall submit to the Department of Planning Services, a detailed Landscape Plan delineating the existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscaping elements. The Plan shall show where landscaping exists or will be located, along with planting and construction details. Where existing plantings are to be retained,the applicant shall include in the plans proposed methods of protecting the plantings during construction. b. The applicant shall demonstrate to the Department of Planning Services that the maximum possible landscaping was preserved or relocated through the development process. c. Heavy equipment shall be kept at least five (5) feet from tree drip lines to prevent tree roots from being damaged. 4. Whenever the use of the property to be developed or redeveloped will conflict with the use of adjoining property, there shall be an opaque planted screen between the two (2) properties. The screen shall moderate the impact of noise, light, aesthetic concerns and traffic. 5. All landscapesing shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and noninvasive shall be used. 6. Fescue, brome/fescue or other turf types shall be used in lieu of bluegrass where heavy foot traffic is not anticipated. Seeding versus sodding of all turf types is preferred when the growing season allows for adequate germination and establishment of the turf to sufficiently control erosion. 7. Landscaped areas shall be configured to maximize-their interconnectivity within the site, to natural areas and-to landscaped areas within existing or future adjacent development. Small isolated islands of landscaping, except as required in parking lots and for screening along roadways, shall be avoided. Open space shall be provided where significant natural features exist. 2006-0940 PAGE 25 ORD2006-4 C. Landscaping Requirements for Parking Lots. 1. At least ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (10) or more spaces. Theis requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent(75%) of the required landscape area shall include living plant material. 2. Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height, depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. See Appendix 26-H to this Chapter. 3. Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I to thia Chaple,. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. 4. A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five feet by five feet (5' X 5'). Trees should be distributed throughout the parking area; however, they shall be placed so that they do not obstruct visibility for cars and pedestrians. Generally, every tenth parking space should be delineated with a planting island in addition to the five percent (5%). See Appendix 26-J to this Chapter. 5. Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats, fabric or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen. D. Landscaping Requirements along Roadway Corridors. 1. Intent. The major roadway corridors within this MUD area are 1-25, State Highway 119, State Highway 66-and, Weld County Road 1 and all strategic roads as delineated by the Weld County Strategic Roadways, dal0J December 2004. These roadways play an important role in the function and image of the MUD areas. The following design standards relate to the visual quality of these four (4) roadways. As the MUD areas develop, additional roadways may require similar consideration as these existing major roadway corridors. This determination will be made by the Department of Public Works and the Colorado Department of Transportation. All roadways that are not considered major roadway corridors are considered secondary roadways. 2. Design Criteria. a. Plantings along road rights-of-way shall be integrated with the rest of the site. 2006-0940 PAGE 26 ORD2006-4 b. That portion of a lot in any zone district which abuts a public or private road right-of-way shall be landscaped with a minimum two-and-one-half-inch (2-1/2") caliper shade tree or six-foot (6') minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot, for every forty (40) linear feet of street frontage. Trees may be grouped with a maximum distance of one hundred feet (100') between trees or groupings, with exceptions made at entrance drives. c. A minimum landscape setback along 1-25, State Highway 119 and all strategic roads and their subsequent frontage roads, shall be fifty feet(50') measured from the existing or planned future right-of-way. d. Along 1-25, State Highways 119 and 66, Weld County Road 1, and all strategic roads, tree planting distances shall be clustered or grouped from the roadway to avoid a straight line of trees. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds (two or more rows of plant material rather than a single row). A mix of coniferous and deciduous trees and shrubs shall be planted in clusters or groupings. e. Applicants adjacent to 1-25 and/or State Highway 119 shall construct a berm along 125 and/or CI 1110 the highway with maximum 5:1 side slopes to a height sufficient to screen ground plane development (parking lots, storage areas or other similar site elements) as far as one hundred eighty (180) feet from the right-of-way line (fifty feet of landscape setback plus one hundred thirty feet of site development). The maximum height berm required shall be six(6)feet above the existing elevation in the location of the berm. If needed, additional height beyond that which can be achieved with a six-foot-high berm shall be achieved through dense landscape plantings. Plantings on top of berms shall be designed so as to not create snow traps. A berm may not be required if the subject property is elevated above the roadway and it can be demonstrated that views into the site will not be possible for a distance of one hundred eighty (180) feet. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. f. There shall be a minimum twenty-five-foot-wide landscape setback along State Highway 66, Weld County Road 1, and all strategic roads, measured from the existing or planned future right-of-way. g. There shall be a minimum twenty-foot-wide(20') landscape setback measured from the existing or planned future right-of-way to any parking lot, fencing, storage area or structure. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more 2006-0940 PAGE 27 ORD2006-4 restrictive requirements contained in Chapters 23 and 24 of this Code. h. Appendices 26-M through 26-P to this CI,aptc, illustrate the proposed character, berming and landscape setbacks for the 1-25 and State Highway 119 corridors. Sec. 26-2-60. Transportation and circulation regulations. (Moved from 26-2-80) A. Intent. As transportation demands increase in the 1-25 MUD area, the need to preserve the functional integrity and hierarchy of the existing roadways and provide new roadway capacity is b,:t n 1;,ry increasingly important. The purpose of this Section is to provide for the planning, design and construction of improvements to new and existing roadway facilities consistent with Chapters 22, 23, 24 and 27 of this Code. The intent of these standards is to provide-for a certain level of performance. Consequently, if it can be shown that an alternate design, material or procedure will provide performance equal to, or better than, the required design, material or procedure, that alternate may be approved by the Director of Public Works. B. Traffic Impact Analysis. All significant developments within the MUD areas shall be required to prepare a traffic impact analysis. All traffic analysis information and reports shall be prepared and certified to by a Registered Professional Engineer competent in traffic engineering. The intent of this analysis is to determine the project's cumulative development impacts, appropriate project mitigation and improvements necessary to offset a specific project's impacts. The County may require the developer to contribute for payment of pay the costs of said improvements through an Improvements Agreement. All traffic impact analysis shall contain, as a minimum, the following information: 1. Introduction: Describe the proposed development and parameters of the study area. 2. Existing Conditions: a. The street capacity standard in the MUD areas is Level of Service C and the intersection capacity is Level of Service D. b. Conduct a.m.and p.m. peak hour turn movements and average daily traffic counts for intersections and links within the study area, if there are no available counts collected within the previous twelve (12) months. c. Conduct a peak-hour intersection level of service analysis for the intersections. d. Determine whether the existing daily traffic volumes exceed the arterial daily volume standards as identified in the MUD street standards for major arterial, arterial, secondary, collector and local streets presented in Appendix 24-E, Roadway Cross-Sectionso Chapter 24 of this Code. These standards delineate right-of-way, lane configurations, median treatment, bike lanes and pedestrian 2006-0940 PAGE 28 ORD2006-4 sidewalks. 3. Cumulative Conditions: a. Identify previously approved or anticipated developments that may affect the study area's circulation system. b. Generate, distribute and assign traffic to the existing roadway network. c. Determine annual growth rates and project future traffic volumes for the time frame corresponding to project build-out. d. Identify funded circulation improvements, both public and private, that will be constructed, prior to the proposed development's occupancy. e. Conduct a peak hour intersection level of service analysis and compare daily volume forecasts to street standards assuming cumulative developments, annual growth rates and funded improvements. f. Determine mitigation measures to offset cumulative conditions if level of service exceeds the MUD areas standards. 4. 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 with County staff. 5. Trip Distribution: Based on assumptions contained in the MUD areas traffic analysis or market estimates, describe the anticipated trip distribution patterns for the proposed development. 6. 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. 7. Existing + Committed + Project (E+C+P) Traffic Volumes and Level of Service: a. Add project a.m. and p.m. peak hour and daily traffic volumes to existing plus committed traffic volumes. b. Conduct intersection level of service analysis and determine whether daily traffic volumes exceed street standard thresholds. 8. Signal Warrant Analysis: a. The 1-25 MUD Transportation Network Map 2.2, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, identifies future locations for 2006-0940 PAGE 29 ORD2006-4 signalization. Signals, however,should not be installed prior to when they are needed. b. Using the AASHTO Manual on Uniform Traffic Control Devices (MUTCD),determine whether proposed intersection volumes exceed signal warrants for those locations on the transportation network where signals are proposed. 9. Access: Projects involving access to the state highway system shall indicate appropriate conformance to the latest revisions of the State Highway Access Code. The report shall discuss how the proposed development meets the access control guidelines as presented in Section 4. 4.2 of the MUD Background Document, available at the Department of Planning Services. 10. Mitigation Measures: Mitigation measures will be to implement the needed improvements to offset project impacts as determined by the traffic impact analysis. C. Design Standards. 1. All development within the MUD areas shall comply with Chapters 22, 23, 24 and 27 of this Code and the Colorado State Highway Access Code, 2 CCR 601-1. Consistent with the urban-scale development standards in the MUD areas, all parking areas for commercial and industrial development shall be paved according to geometric and road structure design standards. 2. Geometric Design Standards. Geometric design for streets and roads shall be in accordance with A Policy on the Geometric Design of Highways and Streets published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria published by the other governmental agencies, professional organizations or generally accepted authoritative source may be used in geometric design. All specifications, standards, or design criteria shall be referenced and copied as part of the submittal information. 3. Road Structure. Structural capacity shall be designed in accordance with the Guide for Design of Pavement Structures published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria published by other governmental agencies, professional organizations or generally accepted authoritative source may be used in design. All specifications, standards or design criteria shall be referenced and copied as part of the submittal information. All roads shall adhere to the standards set forth in Chapter 24, Article VII of this Code. 4. Structural Road Improvements. Adjacent roadways shall be designed to meet the full typical section specified in the County Transportation Plan and Chapter 24 of this Code. For example, improvements may include the construction of travel lanes,shoulders, bike lanes, medians, curb,gutter and sidewalks. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the direct impact a particular development has on the County road system, as 2006-0940 PAGE 30 ORD2006-4 determined by a professional transportation study. The road improvements agreement and roadway construction plans shall be considered by the Board of County Commissioners. D. Circulation System. 1. The proposed MUD circulation system is presented at Map 2.2, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. The transportation network reflects a hierarchy of roads, from a major arterial which serves both the regional and local traffic with higher speeds and capacities with controlled private access, to a collector which serves local traffic and provides access to future development. The proposed hierarchy of roads includes both reconstruction and/or widening of existing roads and alignments for new roads. The transportation network also identifies locations of future signals. 2. The MUD roadway cross-sections are identified—at in Appendix 24-E, Roadway Cross-Sections, to Chapter 24 of this Code. Roadway classifications may change as development in the MUD areas occurs. Roadway classifications may be re-evaluated by the Director of Public Works with the results of the traffic impact analysis. Sec. 26-2-70. Sign district regulations. (Moved from 26-2-90) A. Intent. Within the 1-25 MUD areas, signage has become an increasingly important issue, especially along traffic corridors such as 1-25, State Highway 119 and Weld County Roads 22 and 49. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract drivers. Signage controls are intended to protect and preserve the visual quality of the roadways within the 1-25 MUD areas while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the 1-25 MUD area. These regulations can be found in Section 23,Article IV of this Code. Sec. 26-2-80. Utility, infrastructure and public facility regulations. (Moved from 26-2-100) A. Intent. By their nature, most utility services are highly regulated. This regulation encompasses ownership, financing, competition, cost recovery, construction, environmental protection and safety. Given this regulatory and legal environment, well-established federal,state,county and industry standards/codes existthat which govern most aspects of utility service. The intent of this Section is to provide additional regulations and standards for water supply to meet fire flow demands and solid waste collection service, and to provide standards for public facilities and services throughout the MUD areas. B. Water Supply and Sewage Disposal. The specifications of water supply requirements for fire protection within the 1-25 MUD areas are provided by the Mountain View Fire Protection District. The Mountain View Fire Protection District shall be consulted concerning the fire dishk.t'a its fire requirements. Chapter 22 of this Code specifies that the water supply system serving a proposed development site or zone district must deliver a minimum of five hundred(500)gallons per minute 2006-0940 PAGE 31 ORD2006-4 at twenty (20) pounds per square inch residual pressures for thirty (30) minutes. The St. Vrain Sanitation System, a private sanitation system, shall service all sewage disposal within the 1-25 MUD areas for uses except those specifically called out and exempted from the PUD process in Section 26-2-60 of this Chapter. C. Solid Waste. Residential and commercial solid waste collection services in the area shall be arranged directly between solid waste disposal firms and property owners/managers. Solid waste disposal shall be accomplished by collection firms at licensed disposal facilities. D. Storm Drainage Design and Technical Criteria. The County does not publish technical data or storm drainage design manuals. The consulting engineer for the developer is to use published material by a generally accepted authority approved by the Director of Public Works. The material used must be referenced and copied as part of the submittal information. All development within the MUD areas shall adhere to the Storm Drainage Design and Technical Criteria regulations in Section 24-7-130 of this Code. E. Schools. ARTICLE III Southeast Weld MUD Sec. 26-3-10. General. Recent activity in the MUD areas has accelerated and reinforced the need for long-term approaches to planning. This increase in development has resulted in the creation of development standards to regulate these areas. These development standards shall apply to all structures and land within the MUD areas as shown on the Southeast Weld Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. These regulations provide development standards to implement the goals and policies in the Mixed Use Development section of Chapter 22 of this Code. Sec. 26-3-20. Intent. The intent of these regulations is to ensure the compatibility of various land uses, buildings or structures within the Southeast Weld MUD area. These regulations are intended to allow flexibility and encourage creativity in development of the areas in regard to density, height of structures, setbacks and common open space. The development standards found in this plan are the minimal development standards allowed in the Southeast Weld MUD area. A. This MUD area will be a balanced and sustainable community that integrates the traditional rural heritage of Weld County into all aspects of the community. It is the intent of the area to fit within the landscape of southern Weld County by preserving prime irrigated agricultural land for use by local farmers and by providing a transition of land uses that focus the high densities in the center and lower densityies along the perimeter, and by incorporating a prairie style character into the themfrtge of the community. B. This MUD area will include a variety of land uses that are organized around a passive and active open space system and an ongoing agricultural element. There will be a diversity of housing types enabling citizens from a wide range of economic 2006-0940 PAGE 32 ORD2006-4 levels and age groups to live within the community, as well as some commercial and retail services, to address the needs of the residents. C. Neighborhoods within this MUD area will vary within the community and may include one-acre cluster lots adjacent to existing agricultural areas and traditional single-family lots, as well as areas for higher density town homes. The character of the neighborhood commercial services shall be reminiscent of that found in rural communities throughout the west: limited public ancillary facilities, such as a library satellite facility and/or fire station; a grange hall for local gatherings or farmer's markets, agricultural businesses and other neighborhood convenience services and businesses; as well as a variety of high to higher density housing. Sec. 26- 3-30. Southeast Weld MUD Structural Land use categories. In the Southeast Weld MUD area, land use is grouped into six categories. These categories are conceptual and not intended or construed to give rise to any vested rights in the continuation of any particular use,district,zoning classification or any permissible activities therein. A. Structural land use categories: 1. Main Street. 2. Commercial centers. 3. Main Street villages. 4. Residential neighborhoods. 5. Agricultural lands. 6. Limiting site factors. B. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined in Section 26-2-30 below and are delineated on the Southeast Weld Mixed Use Development Area Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's Office and the Department of Planning Services. The correlation of the categories to generalized zone districts as defined in Chapter 23 of this Code are outlined in the table at Appendix 26-C-to this Chapter. In all cases, Chapters 23, 24 and 27 should be consulted for clarification of specific requirements. C. Contiguous open space that provides a balanced mix of active and passive recreational opportunities will be an integral element of this MUD area and will be clustered in order to provide for meaningful open space corridors, which will include an extensive trail system that links the neighborhoods to local amenities, such as schools and parks. This open space shall be located on the Southeast Weld Mixed Use Development Structural Land Use Map. D. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development. These categories are further defined as follows, and are delineated on the Southeast Weld 2006-0940 PAGE 33 ORD2006-4 Mixed Use Development Structural Land Use Map, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. The correlation of the categories to generalized zone districts as defined in Chapter 23 of this Code are outlined in the table at Appendix 26-C to this Chapter. In all cases, Chapters 23, 24, and 27 should be consulted for clarification of specific requirements. 1. Main Street. a. A Main Street created in the heart of the Southeast Weld MUD will serve the neighborhood commercial and retail needs of the community. This town center should be reminiscent in character of rural communities throughout the West. b. Small-scale, integrated commercial centers within the Main Street shall be appropriately located and scaled to improve the livability of residential neighborhoods,while avoiding strip development patterns and avoiding the creation of destination retail or business uses serving areas beyond the immediate community. Commercial uses should not exceed a 0.25 floor area ratio. Uses within the Main Street may include the following: 1) Banks. 2) Day care centers. 3) Offices. 4) Personal service establishments. 5) Restaurants. 6) Retail sales. 7) Civic and cultural facilities. 8) Places of worship. 9) Clubhouse and recreational facilities. 10) Public gathering areas. c. Site design techniques should be incorporated that provide convenient vehicular and pedestrian access to the neighborhood commercial areas from adjacent residential neighborhoods. 2. Commercial centers. a. Commercial uses will be allowed in the residential designated lands within this MUD area as provided for by the Weld County Comprehensive Plan. These uses will consist only of neighborhood oriented businesses that will support goods and services for the 2006-0940 PAGE 34 ORD2006-4 residential neighborhoods and are envisioned to be located around the junction of Weld County Roads 49 and 22. b. Commercial uses that would serve a greater area than the Pioneer community and would create undesirable impacts such as traffic, would not be considered appropriate in the"Residential"designation. Regional commercial development will be encouraged in existing towns and along the Interstate -76 corridor. c. Commercial centers characteristically have high transportation impacts and environmental issues such as noise, dust and pollution. Even with the associated impacts, these centers are intended to provide pleasant and safe environments for employees and visitors through high planning and design standards. Outdoor eating and seating areas, pedestrian routes within parking lots, and other pedestrian amenities should be provided for employees and visitors. Employment centers include, but are not limited to, the following activities and services in higher-density commercial and industrial zone districts: 1) Hotels and motels. 2) Restaurants, including drive-in restaurants. 3) Utility service facilities. 4) Police and fire stations. 5) Any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature as long as the use is conducted entirely within enclosed buildings. 3. Main Street villages. a. Main Street villages are intended to provide safe, efficient areas offering convenience goods and services to residents of surrounding neighborhoods. These centers include commercial and industrial activities which are medium-intensity levels and have few environmental and service -related impacts. Activities in these centers may include the following: 1) Retail shops. 2) Civic uses such as libraries, community centers and churches. 3) Service businesses such as offices. 4) Public facilities and utility service facilities. 5) Restaurants. 2006-0940 PAGE 35 ORD2006-4 6) Retail and wholesale establishments. 7) Light manufacturing and research facilities. 4. Residential neighborhoods. a. Residential districts within this MUD area are encouraged to be cohesive, identifiable and diverse, while retaining the current agrarian character of residents in the area. The County encourages comprehensive and coordinated neighborhood design efforts in developments, especially with regard to circulation provisions, conservation of natural features and relationship to established neighborhood centers. The County also encourages diversity of housing types, including owner-occupied and rental housing, which serve all economic segments of the population and match local incomes and age groups. Higher residential densities shall be situated within close proximity to the designated neighborhood centers. Each neighborhood shall have an interconnected network of local streets that provide direct connections to local destinations. b. Residential development within this MUD is clustered in such a way as to protect and preserve large contiguous areas of open space, prime irrigated agricultural land, important natural resources and scenic views. The intent is to include a mix of densities to create variation and options within the neighborhoods being created, ranging from low density rural estate lots (1 dwelling unit per acre) up to medium density areas (10 dwelling units per acre) envisioned within and near the center or core area as defined by the intersection of Weld County Roads 49 and 22. Appropriate neighborhood commercial services permitted under the Comprehensive Plan's definition of"Residential"will be located at this general intersection. All uses within the Residential land use category will utilize public sewer service. c. The residential diversity incorporates single-family detached homes, attached single-family homes and multi-family homes. The community elements of a neighborhood, such as active parks, passive open space, public and civic facilities, including but not limited to, schools, utilities, roadways, fire protection, law enforcement and places of worship,will be permitted uses within the residential land use designation. All uses will have good pedestrian connectivity and accessibility. d. The successful design and development of residential neighborhoods within this MUD area is essential for it to function efficiently and provide a sense of place and community identity. Developments are encouraged to incorporate design features which enhance the quality of the neighborhood and promote safety for its residents. An example of various design considerations for subdivisions is illustrated-at in Appendix 26-D to this CI u ptoi. These neighborhoods should be accessible via sidewalks, trails or greenways, creating identity for individual neighborhoods. 2006-0940 PAGE 36 ORD2006-4 Residential areas characteristically have few environmental impacts and rely more upon service-related provisions such as law enforcement and fire protection. New development within these locations shall, therefore, mitigate the impacts associated with its use. Residential neighborhoods include, but are not limited to, the following activities and services: 1) Small parks. 2) Civic uses, such as places of worship, libraries and community centers. 3) Public facilities, such as schools. 4) Service businesses, such as smaller offices. 5) Residential mix. 5. Agriculture lands-use. a. Approximately 1,400 acres of this MUD area will remain agricultural. Lands that are currently irrigated and have the necessary soil characteristics will continue to be used for agriculture purposes. Through the use of alternative irrigation methods, the identified agricultural lands will remain a viable and important asset to Weld County. The effluent from the proposed treatment facility located in this MUD area will be a source of water that can be managed as part of a re-use management plan that will make water available for irrigation within this MUD area, as well as the potential for providing some assistance for the agricultural property and downstream agricultural wells within the Box Elder basin. The water that will serve this MUD must be treated and released in Weld County, providing a source of groundwater recharge that can be a benefit for agricultural wells and crop producing areas within Weld County. 6. Limiting site factors. (Duplicate of 26-2-20.E) Sec. 26-3-40. Common open space regulations. (Duplicate of 26-2-30) Sec. 26-3-50. Maximum lot coverage regulations. (Duplicate of 26-2-40, except table) All land use applications in the Southeast Weld MUD areas shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage is defined as the maximum percent of the total area of a lot in a zone district that shall be covered by any structure. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers; if it is covered by decorative gravels or wood chips; or if it is otherwise suitably landscaped. The percentage of coverage on a lot shall not include the area of the lot or development designated as common open space as outlined in Appendix 26-E. The percentages outlined in Table 26.2 below shall be deemed the maximum lot coverage for each zone district within the Southeast Weld MUD area. Table 26.2 Maximum Lot Coverage in the Southeast Weld MUD area 2006-0940 PAGE 37 ORD2006-4 Zone District within the Percent of Maximum PUD District Lot Coverage C-1, C-2 95% R-1, Estate,A• 30% R-2, R-3, R-4, R-5 60% "Agricultural zone districts in platted areas. Sec. 26-3-60. Landscaping regulations. (Duplicate of 26-2-50) Sec. 26-3-80. Transportation and circulation regulations. (Duplicate of 26-2-60) Sec. 26-3-80. Sign district regulations. (Duplicate of 26-2-70) Sec. 26-3-100. Utility, infrastructure and public facility regulations. (Duplicate of 26-2-80) E. Schools. 1. A residential subdivision application shall be referred to the applicable school district for review and recommendation regarding school district requirements. The Department of Planning Services, Planning Commission and Board of County Commissioners shall consider the recommendation of the school district. Re-enact Appendices 26-D,26-F through 26-N,and 26-P without change;Amend Appendices 26-A, 26-B, 26-C, 26-E, and 26-O, as attached. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with c hapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. + x • ♦ e " • • w • x NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2006-4 published above, was introduced and, on motion duly made and seconded, approved upon first reading on April 10, 2006. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on May 8, 2006. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be 2006-0940 PAGE 38 ORD2006-4 heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. SECOND READING: May 8, 2006, at 9:00 a.m. THIRD READING: May 31, 2006, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 14, 2006 PUBLISHED: April 19, 2006, in the Fort Lupton Press 2006-0940 PAGE 39 ORD2006-4 Affidavit of Publication STATE OF COLORADO County of Weld SS. I Karen Lambert of said County of Weld being duly sworn,say that I am publisher of Fort Lupton Press that the same is a weekly newspaper of general circulation was printed and published in the town of FORT LUPTON PRESS in said county and state that the notice of advertisement, of which the annexed is a true copy has been published in said weekly newspaper for ONE consecutive weeks. that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice and in the newspaper proper and not in a supplement thereof: that the first publication of said notice was contained in the issue of said newspaper bearing the date 19th day of APRIL 2006 and the last publication 19TH day of APRIL , 2006 thereof, in the issue of said newspaper,bearing date,that the said FORT LUPTON PRESS has been published continuously and uninterruptedly during the period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said notice or advertisement above referred to: and that said newspaper was at the time of each of the publications of said notice duly qualified for that purpose within the meaning of an act entitled. "An Act Concerning Legal Notices, Advertisements and Publications and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act" approved April 7, 1921, and all amendments thereof, and particularly as amended by an act approved, March 30, 1923, and an act approved May 13,1931. W.s+r' f tailr.Oraildt Publisher Subscribed and sworn to before me this 19T da of APRIL 2006 A.D. ry u /��/'/ � t 139 NORTH MAIN BRIGHTON,� CO 80601 ' ,";OTArRy' � / WELD COUNTY use. The basic documents used by intergovernmental agreement area, working and living environment. CODE ORDINANCE the County to carry out the goals and urban growth boundary area, 1-25 1. I-25.MUD.C.Policy 2006-4 policies of the Comprehensive Plan Mixed Use Development AREA 2.1. New development shall be as contained in this Chapter are areas or urban development nodes, encouraged to use innovative siting IN THE MATTER OF REPEALING the Intergovernmental Agreements, or where adequate services are and design techniquesto cultivateen AND REENACTING, WITH Zoning and Subdivision Ordinances, currently available or reasonably attractive visual appearance within AMENDMENTS, CHAPTER and the Mixed Use Development obtainable. This goal is intended to the MUD areas and preserve prime 22 COMPREHENSIVE PLAN Area Plans, and Planned Unit address conversion of agricultural visual features such as the Front AND CHAPTER 26 MIXED USE Development Plans, contained in land to minimize the incompatibilities Range and the St.Vrain River. DEVELOPMENT, OF THE WELD Chapters 19, 23, 24, 26 and 27 of that occur between uses in the A 2. I-25.MUD.C.Policy 2.2. COUNTY CODE - PIONEER this Code. (Agricultural)Zone District and other Landscaping shall be designed to COMMUNITIES,INC. B through D-No change. zone districts that allow urban uses. promote attractive development. E. The Mixed Use In addition,this goal is expected to Landscaping requirements shall BE IT ORDAINED BY THE BOARD Development Area Plans, Chapter contribute to minimizing the costs be determined for the perimeter of OF COUNTY COMMISSIONERS 26, is the regulatory document to County taxpayers of providing the development by reviewing the OF THE COUNTY OF WELD, defining regulations and minimum additional public service in rural density of the proposed land use STATE OF COLORADO: Standards for development within a areas for uses that require services development. Landscaping shall two specifically defined geographical on an urban scale. be designed to protect and preserve regions of the County. No change to remainder of section. the appearance and character of the WHEREAS, the Board of County e9 surrounding area. WeldCommissioners of the County of F. No change.T3.Weld, Sato of statute and, pursuant A. The Intergovernmental Sec. met ss Mixed Use I-de.eopment shall 2.3. be to Colorado and is Weld Sureemeo and Development areas es. and urban Residentialncur to lusted ihCounty Rule Charter,is vestedSubdivision evlOrdinances,ArP Mixed development nodes. encouraged to occur in a vaned to theofWelauthority o nitadministeringoreo, Use Development Area Plans, and D. The U Use of rhesd units a vinery the affairs of Weld County,Colorado, Planned Unit Development26 Pleas, Development Plan (MUD) areas densities es from single- and intenders to, e and are and urban growth nodes are family developments uitracre of less than intended to implement and carry intended to provide a foundation to one(1)unit per acre to multi-family WHEREAS, the Board of County out the goals and policies of this enable the County and its citizens developments with much higher Commissioners, on December 26, Chapter. to make appropriate decisions densities.2000, adopted Weld County Code regarding future development within 4. I-25.MUD.C.Policy 2.4. Ordinance 2000-1, enacting a Sec. 22-1-150. Comprehensive a specified area. Conservation of Adequate pedestrian passageways comprehensive Code for the County Plan amendment procedure. natural resources, development of between and within developments of Weld,including the codification of Evaluation of the Comprehensive quality communities, provision for-- and neighborhoods shall be all previously adopted ordinances Plan contained in this Chapter is regional services and employment encouraged. of a general and permanent nature necessary to provide an accurate opportunities,and maintaining fiscal 5. I-25.MUD.C.Policy 2.5. enacted on or before said date of statement of County land use integrity are the key factors driving Sign regulations shall be strictly adoption,and goals and policies based on current this type of development plan. enforced within the 1-25 MUD areas data end the needs of County Mixed Use Development Plan and as outlined and defined in Section WHEREAS,the Board has received citizens. Therefore,when changes use principals,such as the 1-25 MUD 123-4-70 of this Code, the MUD arequestfrom Pioneer Communities, in the social, physical or economic and urban growth nodes,are based Development Standards.Signs-shall Inc., to amend Chapter 22 conditions of the County occur, it on five(5)central ideas and include: be compatible with the surrounding Comprehensive Plan;and staff has becomes necessary to reevaluate 1)employment center development: environment,have a low profile and recommended an amendment to and change land use goals and 2) interconnection of community:3) be shared when possible. Chapter 26Mixed Use Development haveebeen established t The o amend the appropateures consistent land zoningse standards; 4) 6.mixture;and 6)a 2.6. New t development shall be of the Weld County Code. Comprehensive Plan. No inclusions planned transportation network. I characterized by quality architectural NOW, THEREFORE, BE IT or amendments to the Southeast B. The land uses delineated I design. Design features shall ORDAINED by the Board of County MUD Area Structural Land Use Map in the 1-25 Mixed Use Development ' include: landscaping plans for the Commissioners of the County of may be made without previously- Structural Land Use Map,the most entire development, efficient on- Weld, State of Colorado, thatthe amending definin this hthe criiteranfor such Clerktto the of a Ira s iofice and the minimal number circulation of accelans with a ss points to attached Future Land Use Map 9 of Planningstate and county roads, low profile -authorized by Communities, 3 0 of as amendment. promotes p ntapprop ate level Services,of advertising signs and sensitive Weld County ty CodSecte be,and hereby y No change to remainder of section. facilities and services for the entire facade treatment. iNencoporatd into and andt 9 Mixed Use Development areas. 7. I-25.MU D.C.Policy C,incorporated into amended to Chapter 22 Comprehensive Plan. AA through E 22-2-100. No change. Chapter owth. These components6,Art cle IlI Sect Section 26-2- designed to complement the hnatural genvironment and exhibit a'campus- TH IT B FURTHER ORDAINED BY F The Mixed Use 20C. of this Code. THE Chapter 22ryCompreh on ve Development areas and urban C. Today, the MUD areas like"atmosphere. that Chapter 22 Comprehensive growthpot l are identifiedgrowth. areas are he aatnticipated the center ofro existing and ver Development 2 shall e.inquired 2.8.to Plan and Chapter 26 Mixed Use of Mixed t Use sl Development areas areas�(a Metropaarea roviffi These comnt the mercial pesereporton be the site as Development, of the Weld eanty Code -e, and hereby are,m repealednits, in u erned geographic area nodes e will important Front activity common openthe as and • and re-enacted, with amendments, in southwestern Weld County) and centers for much of the Front Range. defined in the MUD Development and the various Chapters are revised urban urban growth hnodes (concentrated (c ncen aced withineinghand shaping c noun is Standards.l-25.MUD.C.Policy to read as follows. or adjacent developmentto the intersection opens the door for more functional only 2.9. Existing salvage yards and is CHAPTER 22 of two (2) or more roads in the regional activity,but will improve the'— uses with open storage areas shall I COMPREHENSIVE state highway system, positioned sense of place for local reerArta be encouraged to visually screen PLAN throughout the County)are intended and business owners. The following and buffer the storage areas from to provide a foundation to enable goals and policies are intended to adjacent properties zoned R-1, R- Change throughout Chapter 22, the County aid its citizens to make result in enhanced community form 2, R-3, R-4,R-5, C-1,C-2 or I-1 in as appropriate - "I-25 Mixed Use appropriate decisions regarding and structure within the MUD areas. accordance c Code.S craw j23on -3-240. Development area' to "Mixed Use future development within a Development areas"with appropriate specified.areas. Conservation of Sec.22-2-230. General MUD Goals salvage yards, landfills and uses tense changes'is to"are","this"to natural resources, devem en for of andA. policies. with MUD.Goal 1. To plan encouraged to to en ate in areas where areas shall be "these", 'has been'to"have been", quality communities, provision etc regional services and employment and to manage growth and to they can be visually screened and opportunities,and maintaining fiscal provide for ease of inclusion in I can conform to health and safety Change throughout Chapter integrity are development elopme�anri driving theare 1-25s a Mixed iixe Use tlevelop�ment 1nt regulations. l-25.MUD.C.Policy 2.10. 22,De to me appropriate.t - "Mixed Use this type ? relevant Developments" to "Mixed Use urban development node is defined fiscal,environmental, and I public utility facilities, shallmti major Development areas". as: . No change to remainder of section. economic components of the area. adverse visual impacts caused by Change throughout Chapter 22, 1. MUD.Policy 1.1. An 1-25 I outside storage, building scale, specifically Section 22-1-150, Sec. 22-2-170. Commercial Mixed Use Development areas and disturbed native vegetation and as appropriate - "Mixed Use development goals and policies. urban development node should be ' I other such activities by screening Development Area Map" or"Mixed A. C.Goal I. Urban established and delineated on the I and/or buffering. MUD.C.POA 211 Use Development Area Structural Commercial uses will be encouraged Structural Land Use Map. in cY Land Use Map 2.1" to 1-25 Mixed when the subject site is located inside No change to remainder of section. Density govemed reas shall l Use Development Area 2.1 Land an approved intergovernmentalurbanT Use Map'. appr areai urban ' ewth Move the following from Section 26- Coverage ed Standard which rlates Lot boundary area, 1-25 Mixed' Use 1-50.B.1, to become Section 22-2- ballocations. lot sizes with open space Amend the following sections: Development AREA areas or urban 240,with changes as noted. , 12. I-25.MUD.C.Policy 2.12. development nodes, or where Sec. 22-1-110. Relationship to adequate services are currently Sec.22-2-240. 1-25 MUD Goals and New deelpmtcontinuous designs ign shall cing planning documents. available or reasonably obtainable. APolicies. I-25.MUD.C.Goal 1. adjacent o streets. A. The Comprehensive C. ,I-25.MUD.C.Goal Plan identifies specific land use No change to remainder of section. identity within the 1-25Mixed Use 3. Community form and identity goals and policies are intended i to provide guidance and de:. meet,22-2-180. Residential managingoresidental,by pcommercial, enhancement an and shall be d presered vation h the direction for existing and future land development. A through F-No anchange. indusol, mpo s e natural resources and features. D. Planned Unit and economic.components of the 1.All new development shall Development zoned ludeent area.1. I-25.MUD.C.Policy 1.1. with Section 22-5-80 of this Code. developments may include the T above-mentioned (Residential) The MUD areas shall be delineated This locations determined Zone Districts or the E (Estate)of the p,2 MUD Structural centLand of t contain commercial t mineral Zone Derncp or may ix part a Usei Map,onthe most recent copy the deposits and mineral ma extension a master planned, Mixed Use which is on file at the Clerk o operefions and reclamation plans. Development area. See Section Board's office and the Department of 2.New developmentDshjol'I�preserve 22-2-210 and Chapter 27 for further Planning Services. cy identified . pimn regarding Planned Unit 2.Development within the MUD areas Where feasible,drainageways ays shall Development. shall adhere to the 1-25 Mixed Use be maintained in their natural state H-No change. Development Area Structural Land to ensure optimal re-charge. Sec. 22-2.210. Planned Unit Use Map, the moat recent copy of 3. I-25.MUD.C.Policy 3.3. - change.Development goals and policies. which is on file at the Clerk tO the I New development shall Board's office and the Department i impacts to air quality minimize B-No gg D B. PUD.Goa12 nresidConve cabaln g and and usedecsions. Fugitive dust shallbe controlled cfmmercal and industrial aluid5 will B.zoning to the be commercial ed whentrial usebject New development hall oocc r in a Departmentt of acceptable Health and be encouraged when site is located inside n approved manner that assures an attractive I Environment and any other relevant 4' downstream agriculfwe. 2. cJj _ B. SE.MUD.Goal Minimize incompatibilities between facilities, such as satetrte stations agricultural use and urban use due to 5. I-25.MUD.C.Pdia/ 3.5. for police, fire and ambulance and the location of the prime agricultural area shall be revegelated encourage the siting.of co-located lends in relation to existing immediately order to following anceon. facilitis and equipment. 'y Owners are dependent on major floodplains and the proposed land ion to minimize windt and soil 1. -y .MUD.i 2.1. transportation corridors to access use designations adjacent to active erosion, temporary stabilization Public safety facilities shall be commercial and retail agricultural areas. measures shall be established on dl provided to meet required standards needed such areas. of response lima and public safety, services within the 1-25 MUD 1. SE.MUD.Policy 2.1. 6. I-25.MUD.C.Policy maintaining the same level of service areas. The physical aspects of the Use existing service providers and circulation system in the MUD areas metropolitan districts, both existing 3.6. New development shay be that exists throughout-25. the districts.Poi to provide the semces encouraged to select native species 2. I-2 MUD.P.Pe icy shall be encouraged to foster travel and proposed. for revegetation. 2.2. The County law enforcement between residential neighborhoods needed to meet the phased needs of 7. I-25.MUD.C.Policy 3.7. State park and recreational areas agencies shall focus on interaction and the employment, regional and the MUD in a timely manner. the public. This focus should neighborhood centers. These C. SE.MUD.Goal 3. shall not be adversely impacted by facilitate a community-based roadways should also be planned to County water, sewer and roads new develot25.M approach to public safety such as reinforce the boundaries of the MUD must be reasonably obtainable.D.co i-25.MUD.C.pa, 4.co The educational programs,neighborhood area and give a sense of orientation Other services is infrastructure police, and regional egion f municipal, county, watch programs and community while traveling• and programs and state growth policies involvement programs. B. The goals and policies schools must also be addressed. and progress which includes the E. 1-25.MUD.P.Goal 3. in this Section are intended to 1. SE.MUD Policy 3.1. MUD areas shall be discrepancies,evaluated in Provide land for adequate school foster a more efficient transportation Physical connectivity of open order to minimize facilities conveniently placed central network, provide for the safe and and so acerio including i lgndvisual will ss promote a better understanding of to residential neighborhoods and efficinta d vementte of wide people andriety top agridma manner consistent with growth dynamics in the area, avoid available for use provide financial goods, duplication of services and provide assUtanceto ensure the construction of transportation options in the 1-25 the goals and objectives discussed economies of scale. MUD areas. in this Section. and use of the facilities in a timely 4. 1. I-25.MUD.C.Pdloy 4.1. manner. C. I-25.MUD.T.Goal 1. To D. SE.MUD.Goal New development shall demonstrate 1 MUD.P.Policy 3.1. provide a well-integrated, balanced Development of the Southeast Weld cempatibilItY with existing Encourage the siting of schools near transportation system that considers MUD shall occur in a manner that surrounding land use in terms of or adjacent to community parks, all modes of travel and meets the assures an attractive working and general use, building height, scale, open spaces and trail systems. public need for mobility,comfort and living environment and establishes density,traffic,dust and noise. 2. MUD.P.Policy 3.2. safety with maximum efficiency and a sense of community identity by 2. I-25.MUD.C.Policy 4.2. Mitigate the cost of land acquisition economy within the MUD areas. planning and managingV1residential, a id�al, All proposals for development within and capital construction for essential 1. I-25.MUD.T.Policy 1.1. commercial, the MUD areas, with the exception community facilities to the fullest The County will plan and maintain aesthetic and economic components of those developmentsexcluded specifically tMUD extent consistent with state law a transportation system in the 1-25 in coordination with Hudson called out D and ent, shall the MUD and identify any additional costs MUD aresthat unifies and coincides and Keenesburg. The growth Policy Document, m use the which will not be mitigated by the with state and other county,city and associated with the Southeast Planned Unit Development (PUD) development as proposed. community transportation systems Weld MUD will promote be product UD process process will laeoow F I-25.MUD.P.Goal 4, within and surrounding the 1-25 MUD and service tdemands 9ot et The PUD MUD process allow New development shall provide areas. developers flexibility and variety a mechanism for funding public 2. I-25.MUD.T.Policy 1.2. Hudson of housing Keeg Ibu vicinity . The needed to offer a range of products, facility and service expansion All new development shall comply will min the ebvIci of services and uses.It will also give the and community facilities based with Sections 22-3-60 through the area enhance as an the markeatcenter. developer an opportunity explain on the demand created by the 22-3-190 of this Code. Access the development to surrounding development. to properties shall preserve the Appropriate scaled neighborhood- important.IandownersandtheCounrysothat 1 I-25.MUD.P.Policy existing and future function of oriented commercial uses will be information mpu conceming ied 4.1. New development should roads and highways affected by encouraged in the MUD,toprrovidoe land use cemies oriry and to heeded comply with Section 22-3-10 of the proposed development. All convenient retail opportunities r services,facilities or utilities d serve this Code. New development that development circulation systems neighborhoods. the proposal are determined to be results in excessive public costs shall be designated so that they do 1. SE.MUD.Policy 4.1. adequate. while producing insufficient public not disrupt highway travel. Traffi Commercial al land dde Suses 'll be Move the following from Section 26- revenues should be discouraged to be generated by the proposed integrated eld 1-60,to become ection 22-2-250, unless such development provides development must conform to the MUD and consistent with Chapters with changes as noted. adequate guarantees through recommendations and requirements 23,26,and 27 of the Weld County and coordination that public planning of the Department of Public Works Code. Sec. 26-1-60 22-2-250. 1-25 MUD facilities and services are effectively and the Colorado Department of 2. SE.MUD.Policy 4.2. The public facilities and services goals installed,operated and maintained. Transportation. Dedication and development of the Southeast Weld and policies. A. Due to 2. I-25.MUD.P.Po I I cy improvements of roads and frontage MUD must encourage fillofexisting the expense and limited available 4.2. If it is determined that public roads may be required as conditions the commercial ocenters e t rs andbusiness in.support fundin Groper and efficient facility or service Improvements or of development. 4 maintenance are required for, or D. I-25.MUD.T.Goal 2. Keenesburg and Hudson. 4 3 services important.public Since and caused by, the development, the Promote a pedestrian bail system 3. SE.MUD.POIicy services is eme the developer willbe required to pay to service transportation and Road and utility improvements must adoption the Home Rules rave for the cost of the public facility recreation purposes within the I-25 be provided to assure appropriate rising rs County bst expenditures public urs have service to existing commercial created substantial interest and service improvement and MUD arcs. maintenance. The methodology for E. I-25.MUD.T.Goei 3. development in the existing towns. in how to cut cost and increase compensation shall be detenpined New development within the I- Residential development wit in t e efficiency of providing public during the land use application review 25 MUD areas shall provide a Southeast Weld MUD will create services and facilities.er Revenue to process.The developer shall submit mechanism for balancing relevant the new demands for expanded nts of and new retail and commercial uses is support public ner tea and facilities ev phase he of the at the PUD sketch plan fiscal and economic systems. for neighborhood-based services, in unincorporated and Weld County of the fov anon . transportation 5.MUD.Twithin is usually generated by levying Information . which 1. PUDs to prepare 3.1. not only omm the MUD,but in the property taxes and user fees. accurately identifies all users of the Require all PUDs to prepare a traffic existing commercial cores of Hudson B. The goals and policies in infrastructure improvements and impact analysis as outlined in the and Keenesburrgg 6 this effective fev are intended toefficient increase maintenance; MUD Development Standards to E. SE.MUD.Goal the and nd delivery b A proposal which determine project plus cumulative Development impacts must be within public services and facilities equitably distributes the costs of development impacts created by minimized by preserving the natural int intent the hes MUD areas. It is infrastructure improvements and the PUD and determine appropriate state of the Box Elder Creek these policies and public maintenance by user share;and project mitigation. floodplain to the extent practicable to ensure that appropriate e puhHe c A pposal that identifies 2 I-25.MUD.T.Policy and by promoting the efficient facilities rdevelopmentsand servicesi are available an appropriate time schedule for 3.2. Establish a development fee utilization of water resources through for in the 1-25 MUD infastructure improvements and program fo collect a fair share clustering development. 6.1. areas. �'I maintenance. dollars-per-trip contribution for 1. SE.MUD.Policy P. efficient and os-1 1. This information will be reviewed by constructing short- and long-term Development within the MUD shall Provide rofq and cost-effective the Board of County Commissioners circulation improvements. be encouraged to use innovative an services.adequate public s facilities in determining an equitable means 3. I- 5.MUD.T.Policy 3.3. design techniques to provide an and which assure the ' of distributing infrastructure costs The County will require improvement attractive visual appearance and health,safety and general welfare of a the County at large, direct of roads,streets or highway facilities preserve prime visual features,such the present and future residents of grid the developer. when dictated by traffic demand and as the view preservation of the Front the area. 3 I-25.MUD.P.Policy 4.3. land development patterns in the Range and the Box Elder floodplain. 1. I-25of intemal.Pdicy 1.1. atapphcetionashallbereterrerathe MUD areas. Sense of place and MUD standards fafaciliiesati or of esshall be applicable school district for review F. 1-25.MUD.T.Goal 4. As are discussed in Chapter 26. encouraged c services duplication be and recommendation regarding development occurs, the feasibility F. SE.MUD Goal 7. costsap to to efficiency. of school district requirements. of a public transit system shall Improvements to the intemal costs and promote 4. I-25.MUD.P.Policy 4.4. examined in the MUD areas. transportation network of the MU 2. I-25Development that requires i Development will be encouraged must properly utilize any pl 1.2. that to pay its proportional share of Add the following section: expansions of Weld County Roads be encouraged and facilitieslocate wi shwa the local costs of infastructure Sec. 22-2-270. Southeast Weld 49 and 22. be to within a improvements within the MUD areas. MUD area goals and policies. G. SE.MUD.Goal 8. The municipality,urban growth boundary This includes on-going operating The Southeast Weld MUD is MUD shall be cohesive,Identifiable, area or an area that can adequately This maintenance costs required to intended to be a self-sustaining and diverse while retaining the provide infrastructure M needs: service such development and any community with the characteristics current agrarian character for 3. I-v5.MUD.shall avoid cy associated impacts resulting from of a historical town pattern similar residents in the area. The history adverse New development to the development. to communities that developed of the area should be considered, groundwater s quality surface and over time in the Northam Front as well as the style and character implement and conserve Move the following from Section 26- Range. The following goals and of existing, nearby developments. i udi resources. techniques to within 1-70,to become Section 22-2-260, policies are designed to allow for Over 50 percent of the Southeast such sore MUD All PUDs use e with changes as noted. h efficient,economical,and logical Weld MUD area must be open space the 1-25 area shall the development of this Mixed Use consisting of passive, public use sanitary sewage disposal facilities Development area. parks and agricultural preservation =ne by St Drain Sanitation Sec. 2i-n and circ0. I-25 systems ist AN PUD water supply Transportation sand circulation goals a SE.MUDlan . The etwe With the large setbacks and acnd shall be provided by a rural active ec and plan is designed ot her urrban useskin place due to the A, Lard residents, to protect and preserve prime, water district,company,association commuters, travelers and business irrigated agricultural land with a floodplain, the MUD must ensure or munidpalis, consistent and reliable supply of compatibility between uses. P. -2S.oIdD.Pion of solid water. The objective is to increase 1. SE.MUD.Policy 8.1.The Provide for coordination of ud water efficiencies that will expand residential elements within the MUD waste collection services,to include the crop base. shall be designed and managed approv lime fee of service standards, 1. SE.MUD.Policy 1.1. to concentrate specific areas or approved schedules and New services to the area must be clusters to ensure diversity and recycling requirements. capable ol augmenting water for affordability. D. I-25.MUD.P.Goal 2. Provide adequate public safety 3 H. SE.MUO.Goal 9. Good wath programs and community safety with maximum efficiency and Sec. 22+30. Wager goals and design and causeway covenants involvement programs. economy within the MUD areas. policies. shall control the appearance of the E. SE.MUD.P.Goal 3. 1. SE.MUD.T.Policy 1.1. A. MUD.WA.Goal 1. development. Provide land for adequate school The County will plan and maintain County residents are encouraged to 1. SE.MUD.Policy 9.1. A facilities conveniently placed central a transportation system in the 1-25 conserve water. central water system will provide to residential neighborhoods and MUD areasthat unities and coincides 1. MUD.WA.Policy 1.1. water service to the residents and provide financial assistance to with state and other county,city and Landscaping using low water use businesses through a proposed ensure the construction and use of community transportation systems plants and water conservation metropolitan district. The system the facilities in a timely manner. within and surrounding the I-25 MUD techniques are encouraged. will be a community water system F. SE.MUD.P.Goal 4. areas. 2. MUD.WA.Policy 1.2. approved by the Colorado New development shall provide 2. SE.MUD.T.Policy 1.2. Application for new development Department of Public Health and a mechanism for funding public All new development shall comply should include provisions for Environment,and must be operated facility and service expansion with Sections 22-3-60 through adequately handling drainage and in accordance with the Colorado and community facilities based 22-3-190 of this Code. Access for controlling surface erosion or Primary Drinking Water Regulations on the demand created by the to properties shall preserve the sedimentation within the site itself. to assure the safety of the public development. existing and future function of 3. MUD.WA.Policy 1.3. drinking water supply. 1. SE.MUD.P.Policy 4.1. roads and highways affected by Applications for new development 2. SE.MUD.Policy 9.2. Newdevelopmentshouldcomplywith the proposed development. All should consider dual water systems New development shall preserve Section 22-3-10 Chapter 22,Article development circulation systems that incorporate separate potable identified aquifer re-charge areas. III of this Cade. New development shall be designated so that they do and nonpotable water. 3. SE.MUD.Policy 9.3. that results in excessive public costs not disrupt highway travel. Traffic to B. MUD.WA.Goal 2. The Where feasible,drainage ways shall while producing insufficient public be generated by the proposed any County will strive to maintain be maintained in their natural state revenues should be discouraged development must conform to the Federal Drinking Water Standards to ensure natural re-charge. unless such development provides recommendations and requirements in aquifers which provide drinking adequate guarantees through of the Department of Public Works water for domestic and public use. Add the following section(This entire planning and coordination that public and the Colorado Department of 1. MUD.WA.Policy 2.1. section duplicates Section 22-2-250, facilities and services are effectively Transportation. Dedication and As conditions warrant, applicants which was moved from Section 26- installed,operated and maintained. improvements of roads and frontage proposing unsewered divisions of 1-60;therefore,the name change of 2. S E.MUD.P.P o I i c y roads may be required as conditions land or development shall evaluate 1-25 MUD and Southeast Weld MUD 4.2. If it is determined that public of development. the impacts on groundwater quality. is not highlighted. Any changes facility or service improvements or D. SE.MUD.T.Goal 2. 2. MUD.WA.Policy 2.2. initially made in Section 22-2-250 maintenance are required for, or Promote a pedestrian trail system Applications for new development are also not highlighted;so the only caused by, the development, the to service transportation and shall consider the installation and highlighted changes are differences developer will be required to pay recreation purposes within the 1-25 maintenance of managed and between Section 22-2-250 and 22- for the cost-of the public facility MUD areas. advance treatment septic systems 2-280: and service improvement and E. SE.MUD.T.Goal 3. to prevent potential groundwater maintenance. The methodology for New development within the 1- pollution. Sec. 22-2-280. Southeast Weld compensation shall be determined 25 MUD areas shall provide a 3. MUD.WA.Policy 2.3. MUD public facilities and services during the land use application review mechanism for balancing relevant Whenever feasible, the County goals and policies. process. The developer shall submit fiscal and economic components of encourages the incorporation of A. Due to the expense and the following at the PUD sketch plan transportation systems. community sewerage. limited available funding,proper and phase of the development: 1. SE.MUD.T.Policy 3.1. C. MUD.WA.Goal 3. The efficient allocation of public facilities a. Information which Require all PUDs to prepare a traffic County will strive to maintain and and services is important. Since the accurately identifies all users of the impact analysis as outlined in the protect water supply conveyances adoption of the Home Rule Charter, infrastructure improvements and MUD Development Standards to adequate to sustain agricultural rising County expenditures have maintenance; determine project plus cumulative land. created substantial public interest b. A proposal which development impacts created by 1. MUD.WA.Policy 3.1. in how to cut cost and increase equitably distributes the costs of the PUD and determine appropriate The County will acknowledge water efficiency of providing public infrastructure improvements and project mitigation. rights as private. services and facilities. Revenue to maintenance by user share;and 2. SE.MUD.T.Policy 2. MUD.WA.Policy 3.2. support public services and facilities c. A proposal that identifies 3.2. Establish a development fee The County will favor applications in unincorporated Weld County an appropriate time schedule for program to collect a fair share that retum water to abandoned is usually generated by levying infrastructure improvements and dollars-per-trip contribution for agricultural land for productive property taxes and user fees. maintenance. constructing short- and long-term agricultural use. B. The goals and policies in This information will be reviewed by circulation improvements. D. MUD.WA.Goal 4. The this Section are intended to increase the Board of County Commissioners 3. SE.MUD.T.Policy 3.3. County will strive to maintain the the effective and efficient delivery of in determining an equitable means The County will require improvement quality of all water bodies as outlined public services and facilities within of distributing infrastructure costs of roads,streets or highway facilities in the State and Federal Water the Southeast Weld MUD areas. Ills among the County at large, direct when dictated by traffic demand and Quality Standards. the intent of these policies and goals users and the developer. land development patterns_ in the 1. MUD.WA.Policy to enure that appropriate public 3. SE.MUD.P.Policy4.3.All MUD areas. 4.1. Sormwater collection and facilities and services are available applications shall be referred to the F. SE.MUD.T.Goal 4. As treatment should be considered for for developments in the Southeast applicable school district for review development occurs, the feasibility all development. The developer Weld MUD areas. and recommendation regarding of a public transit system shall be will be required to employ beat C. SE.MUD.P.Goal 1. school district requirements. examined in the MUD areas.Options management practices in the design Provide efficient and cost-effective 4. SE.MUD.P.Policy 4.4. and reservations for transit facilities of all stormwater facilities. delivery of adequate public facilities Development will be encouraged and land shall be maintained. 2. MUD.WA.Policy 4.2. and services which assure the to pay its proportional share of G. SE.MUD.T.Goal 5. Irrigation ditches shall not be used health,safety and general welfare of the local costs of infrastructure Coordination and consolidation as outfall points,unless it is shown to the present and future residents of improvements within the MUD areas. of public safety facilities shall be be without reasonable hazard and/or the area. This includes ongoing operating provided to meet required standards the ditch company provides written 1. SE.MUD.P.Policy 1.1. and maintenance costs required to of response times and public safety, acceptance of the stormwater. Consolidation of Internal County service such development and any maintaining or exceeding the level 3. MUD.WA.Policy 4.3. facilities or services shall be associated impacts resulting from of service that exists throughout the The developer shall incorporate all encouraged to avoid duplication of the development. districts. Floodplain Management programs costs and promote efficiency. G. SE.MUD.P.Goal 5. The H. SE.MUD.T.Goal 6. and the Master Drainage Plan Into 2. SE.MUD..MUD.P.P o I icy siting of schools wilt occur near,or Uses within the Southeast Weld the new development plans. The 1.2. Development that requires adjacent to,community parks,open MUD must recognize the current County adopted the South Weld urban services and facilities shall spaces and trail systems. Weld County Regulations regarding I-25 Corridor Master Drainage be encouraged to locate within a spacing of buildings to oil and gas Plan in November of 1999 and all municipality, municipalities, urban Add thefollowing section(This entire production facilities. Adherence to stormwater designs within the In- growth boundary areas, or an section duplicates Section 22-2-260, this regulation assures compliance Town and Gadding drainage basins areas that can adequately provide which was moved from Section 26- with this goal in that it will reduce the shall meet the technical criteria of infrastructure needs. Subject to 1-70;therefore,the name change of conflict between the mineral estate this report. Intergovernmental Agreements with 1-25 MUD and Southeast Weld MUD and surface estate. 4. MUD.WA.Policy 4.4. Weld County. is not highlighted. Any changes I. SE.MUD.T.Goal 7. The County encourages an overall 3. SE.MUD.P.Policy 1.3. initially made In Section 22-2260 Development shall work with Weld watershed approach to water quality New development shall avoid are also not highlighted;so the only County Public Works to ensure management issues. adverse impacts to surface and highlighted changes are differences that the appropriate infrastructure 5. MUD.WA.Policy 4.5. groundwater quality and shall between Section 22-2-260 and 22- is in place to accommodate traffic Animal feeding and dairy operations implement techniques to conserve 2-290: impacts as development occurs. shall comply with all ap such resources. NI PUDs within County,state and federal ru and the 1-25 MUD area shall use the Sec. 22-2-260. Southeast Weld Sec. 22-3-50. Public facility and regulations. sanitary sewage disposal facilities MUD Transportation and circulation service goals and policies. 6. MUD.WA.Policy 4.6. provided by St Vrain Sanitation goals and policies. A through B.4 -No change. New development shall preserve District. All PUD water supply A. Local residents, B.5. P.Policy 2.5. Provide identified aquifer re-charge areas. systems shall be provided by a rural commuters, travelers and business a mechanism for funding public 7. MUD.WA.Policy 4.7. water district,company,association owners are dependent on major facilities, accommodating service Where feasible,drainage ways shall or municipalitrtyy transportation corridors to access expansion,and community amenities be mainteained in their natural stab 4. SE.MUD.P.Policy 1.4. needed commercial and retail based on the demand created by to ensure natural re-charge. Provide for coordination of solid services within the 1-25 MUD t he development. Metropolitan E. MUD.WA.Goal 5. waste collection services,to include areas. The physical aspects of the districts)may be formed to address Development will occur in areas establishment of service standards, circulation system in the MUD areas and assess needs based on the where adequate water quantity approved fee schedules and shall be encouraged to foster travel development of the MUD. and quality is currently available or recycling requirements. between residential neighborhoods reasonably obtainable. D. SE.MUD.P.Goal 2. and the employment, regional and Sec.22-3-130. Rail transportation. 1. MUD.WA.Policy 5.1. Provide adequate public safety neighborhood centers. These Athrough C-No change. Policy applications for proposed facilities, such as satellite stations roadways should also be planned to D. A pPotential for conflict development will assess currently for police, fire and ambulance and reinforce the boundaries of the MUD exists between railroad lines and available or reasonably obtainable encourage the siting of co-located area and give a sense of orientation other land uses within urban growth water quantity and quality. facilities and equipment. while traveling. boundaries and the 1-25 Mixed Use 1. SE.MUD.P.Policy 2.1. B. The goals and policies Development areas. Municipal CHAPTER26 Public safety facilities shall be in this Section are intended to type uses and services are planned MIXED USE provided to meet required standards foster a more efficient transportation for both of these areas which will DEVELOPMENT of response times and public safety, network, provide for the safe and increase auto and pedestrian traffic maintaining the same level of service efficient movement of people and and the number of noise-sensitive that exists throughout the districts. goods, and promote a wide variety uses. Potential conflicts could be 2. S E.M U D.P.P o I i c y of transportation options in the avoided by signalizing or separating 2.2. The County law enforcement Southeast Weld MUD areas. crossing points for trains from other agencies shall focus on Interaction C. SE.MUD.T.Goal 1. To vehicular and pedestrian traffic,and with the public. This focus should provide a well-integrated, balanced separating noise-sensitive uses by facilitate a community-based transportation system that considers distance or utilizing noise abatement approach to public safety such as all modes of travel and meets the techniques. educational programs,neighborhood public need for mobility,comfort and No change to remainder of Section. IEGALS rode at entrance a specific prefects Impacts. The meets C. A minimum landscape County flier regale the M'alepar tie access coital guidelines as setback along 1-25, State Highway to contra payment peyna &pay the presented In Sedan 4.4.2 of the from page 34 119 and all strategic Dads and their costs of said improvements through MUD Background Document subsequent frontage roads,shall be an Improvements Agreement. All available at the Department of My feet (50') measured from the traffic impact analysis shall contain, Planning Services. allows for adequate germination existing or planned future right-of- as a minimum, the following 10. Mitigation Measures: and establishment of the turf to way. information: Mitigation measures will be to sufficiently control erosion. d. Along 1-25, State 1. Introduction: Describe imOementtheneeded improvements 7. Landscaped areas shall Highways 119 and 66,Weld County the proposed development and to offset project impacts as be configured to maximize their Road 1,and all strategic roads,tree parameters of the study area. determined by the traffic impact interconnectivity within the site, to planting distances shall be clustered 2. Existing Conditions: analysis. natural areas and to landscaped or grouped from the roadway to a. The street capacity C. Design Standards. areas within existing or future avoid a straight line of trees. The standard in the MUD areas is Level 1. All development within adjacent development. Small effectiveness of the screening shall of Service C and the intersection the MUD areas shall comply with isolated islands of landscaping, be increased by planting trees and capacity is Level of Service D. Chapters 22, 23, 24 and 27 of except as required in parking lots shrubs in layered beds(two or atom b. Conduct a.m. and p.m. this Code and the Colorado State o and for screening along roadways, rows of plant material rather than a peak hour turn movements and Highway Access Code, 2 CCR shall be avoided. Open space shall single row). A mix of coniferous and average daily traffic counts for 601-1. Consistent with the urban- be provided where significant natural deciduous trees and shrubs shall be intersections and links within the scale development standards in features exist. planted in clusters or groupings. study area,if there are no available the MUD areas, all parking areas C. Landscaping e. Applicants adjacent to counts collected within the previous for commercial and industrial Requirements for Parking Lots. I-25 and/or State Highway 119 shell twelve(12)months. development shall be paved 1. At least ten percent construct a berm along I-25 and/or c. Conduct a peak-hour according to geometric and road (10%) of the area of a parking SH 119 the highway with maximum intersection level of service analysis structure design standards. lot must be landscaped if the lot 5:1 side slopes to a height sufficient for the intersections. 2. Geometric Design contains ten (10) or more spaces. to screen ground plane development d. Determine whether Standards. Geometric design Theis requirement may be counted (parking lots,storage areas or other the existing daily traffic volumes for streets and roads shall be in toward the maximum lot coverage similar site elements) as far as exceed the arterial daily volume accordance with A Policy on the requirement of each zone district. one hundred eighty(180)feet from standards as identified in the MUD Geometric Design of Highways and At least seventy-five percent(75%) the right-of-way line (fifty feet of street standards for major arterial, Streets published by the American of the required landscape area shall landscape setback plus one hundred arterial, secondary, collector and Association of State Highway include living plant material. thiry feet of site development). The local streets presented in Appendix and Transportation Officials. 2. Berming and shrub maximum height berm required shall 24-E, Roadway Cross-Sections, Specifications, standards or design or tree planting shall be used to be six (6) feet above the existing to Chapter 24 of this Code. These criteria published by the other screen parking lots from view of the elevation in the location of the standards delineate right-of- governmental agencies,professional roadway. Berms can vary in height, berm. If needed, additional height I way, lane configurations, median organizations or generally accepted depending on location and proximity beyond that which can be achieved treatment,bike lanes and pedestrian authoritative source may be used in of existing trees. Berms shall have with a six-foot-high berm shall be sidewalks. geometric design. All specifications, • smoothtransitions from the top of the achieved through dense landscape I 3. Cumulative Conditions: standards,or design criteria shall be curb to the setback line so as to not plantings. Plantings on top of berms a. Identify previously referenced and copied as part of the create snow traps,with allowances shall be designed so as to not create approved or anticipated submittal information. made for placement of the sidewalk. snow traps. A berm may not be developments that may affect the 3. Road Structure. Grading of berms shall not be lumpy required if the subject property is study area's circulation system. Structural capacity shall be or abrupt. See Appendix 26-H to elevated above the roadway and b. Generate,distribute and designed in accordance with the this Chapter it can be demonstrated that views assign traffic to the existing roadway Guide for Design of Pavement 3. - Landscaping techniques into the site will not be possible for network. Structures published by the shall be used to alleviate the harsh a distance of one hundred eighty c. Determine annual American Association of State visual appearance that accompanies (180) feet. Required landscaping growth rates and project future Highway and Transportation parking lots. See Appendix 26-I to and screening within the landscape traffic volumes for the time frame Officials. Specifications, standards this Chapter. At least seventy-five setback and other portions of the corresponding to project build-out. or design criteria published by other percent (75%) of the length of the property shall be govemed by the d. Identify funded governmental agencies,professional frontage of the parking lot must be landscape standards contained circulation improvements, both organizations or generally accepted effectively screened. within this Chapter and any other public and private, that will be authoritative source may be used in 4. A minimum of five more restrictive requirements constructed, prior to the proposed design. All specifications,standards percent (5%) of the parking area contained in Chapters 23 and 24 of development's occupancy. or design criteria shall be referenced shall be landscaped exclusive of this Code. e. Conduct a peak and copied as part of the submittal setback areas. Trees planted in f. There shall be a hour intersection level of service information. All roads shall adhere parking areas should be either in minimum twenty-five-foot-wide analysisanddompare daily volume to the staiidanib set forth in-Chapter bays or planting islands of at least landscape setback along State forecasts to street standards 24,Article VII of this Code. five feet by five feet(5'X 5'). Trees Highway 66, Weld County Road 1, assuming cumulative developments, 4. Structural Road should be distributed throughout the and all strategic roads, measured annual growth rates and funded Improvements. Adjacent roadways perkirq area;however,they shall be from the existing or planned future improvements. shall be designed to meet the placid so that they do not obstruct right-of-way. f. Determine mitigation full typical section specified in visibility for cars and pedestrians. g. There shall bee minimum measures to offset cumulative the County Transportation Plan Generally,every tenth parking space twenty-foot-wide (20') landscape conditions if level of service exceeds and Chapter 24 of this Code. For should be delineated with a planting setback measured from the existing the MUD areas standards. example, improvements may island in addition to the five percent of planned future right-of-way to any 4. Trip Generation: include the construction of travel 5( %). See Appendix 26-J to this parking lot, fencing, storage area Determine daily, and a.m. and lanes, shoulders, bike lanes, ChaPar or structure. Required landscaping p.m. peak hour trip generation for medians,curb,gutter and sidewalks. 5. Loading, service or and screening within the landscape the proposed development using Required improvements may also storage areas must be screened setback and other portions of the established rates identified in the Trip include the acquisition of right-of- with an opaque screen that is property shall be governed by the Generation Manual published by the way and construction easements an integral part of the building landscape standards contained Institute of Transportation Engineers that will be dedicated to the public. or as agreed to with County staff. Improvements attributed to the architecture. Chain link fencing within this Chapter and any other s. Trip Distribution: Based development shall be consistent with slats, fabric or pallets are not more restrictive requirements an acceptable screening material, contained In Chapters 23 and 24 of on assumption confined in the with the direct impact a particular Plant material shall be used to soften this Code. MUD areas traffic analysis or market development has on the County the appearance of the screen. h. Appendices 26-M estimates, describe the antcpated road system, as determined by a D. Landscaping through 26-P to this Chapter trip distribution patterns for the professional transportation study. Requirements along Roadway illustrate the proposed character, proposed development. The road improvements agreement Corridors farming and landscape setbacks 6. Trip Assignment Based and roadway construction plans 1. Intent The major for the 1-25 and State Highway 119 on the projected trip generation, shall be considered by the Board of roadway corridors within this MUD corridors. assumed trip distribution and County Commissioners. area are 1-25, State Highway the prevailing roadway network, D. Circulation System. 119, State Highway 66 and, Weld Sec. 26-2-60. Transportation and assign the projected traffic to the 1. The proposed MUD County Road 1 and all strategic circulation regulations. (Moved intersections and streets within the circulation system is presented at roads as delineated by the Weld from 26-2-80) study area. Map 2.2, the most recent copy of County Strategic Roadways, dated A. Intent. As transportation 7. Existing + Committed which is on file at the Clerk to the December 2004. These roadways demands increase in the 1-25 MUD + Project (E+C+P)Traffic Volumes Board's office and the Department play an important role in the function area, the need to preserve the and Level of Service: of Planning Services. The and image of the MUD areas. The functional integrity and hierarchy of a. Add project a.m. and transportation network reflects a following design standards relate the existing roadways and provide p.m. peak hour and daily traffic hierarchy of roads, from a major volumes to existing plus committed arterial which serves both the to the visual quality of these four new roadway capacity is becoming (4) roadways. As the MUD areas increasingly important. The purpose -Ira volumes. regional and local traffic with higher develop, additional roadways of this Section is to provide for the b. Conduct intersection speeds and capacities with controlled mayrequire planning,design and construction of level of service analysis and pnvate access,to a collector which similar jonsideratandetermine whether daily traffic serves local traffic and provides as these existing major roadway improvements to new and existing volumes exceed street standard access to future development. The corridors. This determination will be roadway facilities consistent with thresholds. proposed hierarchy of roads includes made by the Department of Public Chapters 22, 23, 24 and 27 of this 8. Signal Warrant Analysis: both reconstruction and/or widening Works and the Colorado Department Code. The intent of these standards a. The 1-25 MUD of existing roads and alignments of Transportation. All roadways that is to provide for a certain level of are not considered major roadway performance. Consequently,if it can Transportationre Network Map 2.2, for new roads. The transportation f axridors are considered secondary be shown that an altemate desi n, � the most recent copy of which is on network also identifies locations of roadways. material or procedure will provide file at the Clerk to the Board's office future signals. 2. Design Criteria. performance equal to, or better and the Department of Planning 2. The MUD roadway a. Plantings along road than, the required design, material Services, identifies future locations cross-sections are identified at in rights-of-way shall be integrated or procedure,that alternate may be for signalization. Signals, however, Appendix 24-E, Roadway Cross- with the rest of the site. approved by the Director of Public should not be installed prior to when Sections,to Chapter 24 of this Code. b. That portion of a lot in Works. they are needed. Roadway classifications may change b. Using the AASHTO as development in the MUD areas any zone distnct which abuts public B. Traffic Impact Analysis. Manual on Uniform Traffic Control occurs. Roadway classifications or private road right-of-way shall be All significant developments within Devices (MUTCD), determine may be re-evaluated by the Director landscaped with a minimum two- the MUD areas shall be required whether proposed intersection of Public Works with the results of and-one-half-inch (2-1/7) caliper to prepare a traffic impact analysis. volumes exceed signal warrants for the traffic impact analysis. shade tree or six-foot(6')minimum All traffic analysis information those locations on the transportation height coniferous tree at a distance and reports shall be prepared network where signals are Sec. 26-2-70. Sign district of ten(10)feet,measured at a right and certified to by a Registered regulations. (Moved from 26-2-90) angle from the lot line towards the Professional Engineer competent in 9. Access: Projects A. Intent. Within the 1-25 interior of the lot,for every forty(40) traffic engineering. The intent of this involving access to the state highway MUD areas, signage has become linear feet of street frontage. Trees analysis is to determine the project's system shall indicate appropriate an increasingly important issue, may be grouped with a maximum cumulative development impacts, distance of one hundred feet(100') appropriate project mitigation and conformance Highwayo the Access ct revisions 5, traffic Highway between trees or groupings, with improvements necessary to offset of the State shall wothe such as I-C y ads 22 and The report discuss how the and Weld County Roads 22 and J- 1) Retail shops. 49. While2) Civic uses such as le JAM asencourage any ii developraedtt libraries, community centers and "°yiMM�aul important d its areas it Mad to darts LEGALS churches. signs advertising hapM of sib lres. se t6ad 3) Service businesses such obscure fa landscape cars open space. from page 35 as offices. and confuse and distract drivers development arslards found in 4) Public facilities and utility Signage controls are intended to plan are the maternal development service facilities.N protect and preserve the visual standards Stowed in the SouheW0.' implement - planned land use 5)) Restaurants. quality of the roadways within the Weld MUD area. 8) Retail and wholesale 1-25 MUD areas whiledevelopment. These categories are Preventing A. This MUD area will be a further defined as follows, and are establishments.fah Me obstruction of traffic visibility balanced and sustainable community � 7) Light manufacturing and ral edaUs on the Southeast ntStructural Weld research facilities. and confusion from s.improperly Th i integrates of traditional rural Mixed Use the most r ctntc ropy placed and designed signs. These heritage of Weld County into all Land Use Map,the most recent copy Res dent a provisions control the magnitude, aspects of the community. It Is of which is on file at the Clerk to the neighborhoods. placement and number of-signs the intent of the area to fit within Board's office and the Department of a. Residential districts in the I-25 MUD area. These the landscape of southern Weld Planning Services. The correlation within this MUD area are encouraged regulations can be found in Section County by preserving prime irrigated of the categories to generalized zone to be cohesive, identifiable and 23,Amide IV of this Code. agricultural land for use by loth districts as defined in Chapter 23 of diverse, while retaining the current Sec. 26-2-80. farmers and by providing a transition this Code are outlined in the table at agra^an character of residents in Utility, infrastructure of land uses that focus the high Appendix 26-C to this Chapter. In the area. The County encourages and public facility regulations. densities in the center and lower all cases, Chapters 23,24, and 27 comprehensive and coordinated (Moved from 26-2-100) densityies along the perimeter, should be consulted for clarification neighborhood design efforts in A. Intent. By their and by incorporating a prairie style of specific requirements. developments, especially with nature, most utility services are character into the theminge of the 1. Main Street. regard to circulation provisions, highly regulated. This regulation community. a. A Main Street created encompasses ownership,financing, B. This MUD area will in the heart of the Southeast Weld conservation of natural features competition, cost recovery, include a variety of land uses that MUD will serve the neighborhood and relationship to established construction, environmental are organized around a passive and commercial and retail needs of the neighborhood centers. The protection and safety. Given this active open space system and an community. This town center should County also encourages diversity regulatory and legal environment, ongoing agricultural element. There be reminiscent in character of rural of housing types, including owner- well-established federal, state, will be a diversity of housing types communities throughout the West. occupied and rental housing,which councodes exstthat-which govern most of eards/ bcolnomic levels citizens om a wide and age groups commercial cee b. nters Small-scale, the Main the serve all ieconomic on a d matches of local aspects of utility service. The intent to live within the community, as Street shall be appropriately located incomes and age groups.coHigher of this Section is to provide additional well as some commercial and retail and scaled to improve the livability residential densities shall be regulations and standards for water services, to address the needs of of residential neighborhoods, situated within close proximity supply to meet fire flow demands the residents. while avoiding strip development to the designated neighborhood and solid waste collection service, C. patterns and avoiding the creation centers. Each neighborhood shall and to provide standards for public Neighborhoods within this MUD area of destination retail or business uses have an interconnected network facilities and services throughout the will vary within the community and serving areas beyond the immediate of local streets that provide direct MUD areas. may include one-acre cluster lots community. Commercial uses connections to local destinations. B. Water Supply and adjacent to existing agricultural areas should not exceed a 0.25 floor area b. Residential development Sewage Disposal.Thespecifications and traditional single-family lots, ratio. Uses within the Main Street within this MUD is clustered in such of water supply requirements for as well as areas for higher density may include the following: a way as to protect and preserve fire protection within the 1-25 MUD town homes. The character of the 1) Banks. large contiguous areas of open areas are provided by the Mountain neighborhood commercial services 2prime irrigated agricultural Day csre centers. space,ow Fire Protection District. The shall be reminiscent of that found 3) Person. land, important v natural resources s Mountain View Are Protection in rural communities throughout a Personal service and scenic views. The intent is District shall beconsulted . the west: limited public ancillary establishments.Res to include a mix of densities to the pt r 2i of its hi Coe requirements. facilities, /or as a ion; grange 5) Restaurants. create variation and options within Chapter 22 of this Code specifies facility and/or fire station; a grange 6) Retail sales. the neighborhoods beingcreated, that the water supply system servinghall for local gatherings or farmer's f) Civic and cultural ranging from low density rural a proposed development site or markets,agricultural businesses and facilities. estate lots(1 dwelling unit per acre) zone district must deliver a minimum other neighborhood convenience 8) Places of worship. up to medium density areas (10 of five hundred (500) gallons per services and businesses;as well as 9) Clubhouse and dwelling units minute at twenty (20) pounds per a variety of high to higher density recreational facilities. within and nearrethe r a ceenter or envisr core square inch residual. pressures housing. area as defined by the intersection for thirty (30) minutes. The St. - 10) Public gathering areas. of Weld County Roads 49 and Vrain Sanitation System, a private Sec.26-3-30.Southeast Weld MUD . c. Site design techniques 22. Appropriate neighborhood sanitation system, shall_service all Structural Land use categories. should be incorporated that provide commercialservices permitted under I sewage disposal within the 1-25 In the Southeast Weld MUD convenient vehicular and pedestrian the Comprehensive Plan's definition MUD areas for uses except those area, land use is grouped Into access to the neighborhood of"Residential"will be located at this specifically called out and exempted six categories. These categories commercial areas from adjacent general intersection. All uses within from the PUD process in Section 26- are conceptual and not intended residential neighborhoods. the Residential land use category 2.60 of this Chapter. or construed to give rise to any 2. Commercial centers. will utilize public sewer service. C. Solid Waste:Residential vested rights in the continuation of a. Commercial uses will be c. The residential diversity and commercial solid waste any particular use, district, zoningallowed in the residential designated incorporates single-family detached be collii arranged tdn cestls in the area between shshad ll lassication herein _any permissible lands within this MUD area as homes, attached single-family waste disposal firms and property A. Structural land use Comprehensive provip for by the Weld County e and ity multi-family l homes. owners/managers. Solid,waste categories: Plan. These uses The community elements ofa a disposal shall be accomplished by 1. Main Street. will consist only of neighborhood neighborhood,such as active parks, oriented businesses that will passive open space,public and civic collection firms at licensed disposal 2. Commercial centers. support goods and services for the facilities, including but not limited facilities. 3. Main Street villa D. Storm Drainage Design 4. R e s i d e nt i a I residential neighborhoods and are to, schools, utilities, roadways, fire envisioned to be located around the protection, law enforcement and and Technical Criteria. The County neighborhoods. does not publish technical data or 5. Agricultural lands. junction of Weld County Roads 49 ses of n the will be permitted and 22. uses within the residential land use storm drainage design manuals. B. Limiting sitefactors. The consulting engineer for the B. Each structural designation. All uses will have developer is to use published consists of distinct and u rte b. Commercial uses that good pedestrianlity connectivity and material by a generally accepted qualifies and Is established as would serve aaccessibility. authority approved by the Director a matter of policy togreater area would d ad.nd development pe successfulfre design of Public Works. The material used implement guide and the Pioneer community undesirable and of area al must be referenced and pmplanned land use a traffic,ate ud not impacts such is neighborhoods within this MUD of copied as a further t. These categories 26-o as would the be considered provide tefunctionseplace and nld development within h MU . a are further defined in indite appropriate in "Residential" and provide a sense o place shah ere the MUD areas th2-e. o below h and are delineated on designation.lmn Regional commercial community encouraged in Developments aei adhere to the Storm Drainage Development Southeast Weld Mixed Use in development will and encouraged the features to incorporate n and Technical C30 of setheArea Structural Land in estate- towns along the design fthe neighborhood gh enhance and tons in Section 24-7-130 of Use Map, most recent copy of Interstate-76 corridor. this Cade. which is on file at the Clerk to the c. Commercial centers quality rom of for its and E. Schools. Board's Office and the Department of characteristically have high promote example safety ffovaious residents. ARTICLE III Planning Services. The correlation transportation impacts and considerations for subdivisions is of the categories to generalized zone environmental issues such as noise, illustrated at in Appendix 26-D to Southeast Weld MUD districts as defined in Chapter 23 of dust and pollution. Even with the this Chapter. These neighborhoods this Code are outlined in the table at associated impacts, these centers should be accessible via sidewalks, Sec.26-3-10. General. Appendix 26-C to this Chapter. In are intended to provide pleasant and trails or greenways,creating identity Recent activity in the MUD areas all cases, Chapters 23, 24 and 27 safe environments for employees for individual neighborhoods. has accelerated and reinforced -should be consulted for clarification and visitors through high planning Residential areas characteristically the need for long-tern approaches of specific requirements. and design standards. Outdoor have few environmental impacts to planning. This increase in C. Contiguous open space eating and seating areas,pedestrian and rely more upon service-related development has resulted in the that provides a balanced mix of routes within parking lots,and other provisions such as law enforcement creation of development standards active and passive recreations pedestrian amenities should be and fire protection. New to regulate these areas. These opportunities will be an integral provided for employees and visitors. _i development standards shall element of this MUD area and will Employment centers include, but �-- apply to all structures and land be clustered in order to provide for are not limited to, the following de ant within these locations within the 111JD--zees as shown meaningful open space corridors, activities and services in ehaK,on the Southeast Weld Mixed which will include an extensive trail density commercial and industrial t associated with i s'uses Resitl' ential Use Development Structural Land system that links the neighborhoods zone districts: neighoorhoods include, but are not Use Map, the most recent copy of to local amenities, such as schools 1) Hotels and motels. limutad s,he following activities and which is on file at the Clerk to the and parks. This open space shell 2) Restaurants, including services: Board's office and the Department be located on the Southeast Weld drive-in restaurants. 1)of Plannig Services. These Mixed Use Development Structural 3 Utility service facilities. 2 Small parks. regulations provide development Land Use Ma Civic uses, leech P 43 Police and fire stations. Paces of worship, libraries sirr d standards to implement the goals D. Each structural category 5 Any use of a research, community centers. and policies in the Mixed Use consistsof distinct and unique repairing,manufacturing,fabricating, 3) Public facilities, such as Deveilopme s t section of Chapter 22 qualities and is established as processing, assembling or storage schools. a matter of policy to guide and nature as long as the use is 4) Service conducted entirely within enclosed such as smaller offices businesses, Sec.26-3-20. Intent. buildings. 5)The intent of these regulations • Please see LEGALS 3. Main Street villages. 5. Residential ultu mid. e. is to ensure the compatibility of 9 Agriculture landsu1,4 various land uses, buildings or 36 a. Main Street villages a. Approximately 1,400 structures within the Southeast Page are intended to provide safe, Weld MUD area. These regulations goods areas offering convenience are intended to allow flexibility and CPAXLP f andsurrounding services to neighborhoods. of centr den eodal These centers include commercial and industrial activities which are medium-intensity levels and have few environmental and service- related impacts. Activities in these centers may include the following: eves of this MUD area will remain 2.2 Maximum Lot Coverage in the Southeast Weld MUD area '`Z one District within the POD Percent of Maximum Lot agricultural. Lands that are currently ntsrtire Covenoe imgated and have the necessary soil characteristics will continue to c-f c-s asx be used for agriculture purposes. Through the use of alternative R-f.Estate A• 30% irrigation methods, the identified agncuttural lands will remain a R.t_R-3 5J R-5 60% viable and important asset to Weld County. The effluent from the proposed treatment facility located •Agricultural zone districts In platted in tMs MUD area will be a sourceNOTICE of water that can be managed as I part of a re-use management plan s a Sec.regulations. (26-3-60. Landscaping PURSUANT to the Weld County that will make water availableDuplicate of 26-2-50) Home Rule Charter, Ordinance irrigation within this MUD area, asNumber 2006-4 published above, as the potential for providing Sec 26-3-80. Sign district was introduced and,on motion duly som e assistance for the agricultural regulations. (Duplicate of 26-2-70) made and seconded, approved wanndthe Box Elder sin. ' upon first reading on April 10,2006. wells water within the Box Elder basin.U See 26-3-100. Utility,infrastructure A public hearing and second reading The water that will serve this MUD and public facility regulations. is scheduled to be held in the Weld County,providing a source ofE mustbe treated and released of !. rpli ate of 26-2-80) Chambers of the Board, First Floor a Schools. Hearing Room, 915 10th Street, groundwater recharge that can be ! 1. A residential subdivision Greeley, Colorado 80631, on May a benefit for agricultural within Weld wells and application shall be referred to the 8,2006 All persons in any manner crop producing areas applicable school district for review interested in the reading of said County. 26-2-20.E) and recommendation regarding Ordinance are requested to attend 6. Limiting site factors. school district requirements. The and may be heard. (Duplicate of Department of Planning Services, Sec.26-3-40. Common open space Planning Commission and Board Please contact the Clerk to the regulations. (Duplicate of 26-2-30) of County Commissioners shall Board's office at phone (970) Sec.26-3-50.Maximum lot coverage consider the recommendation of the 336-7215, Extension 4225, or fax school district. (970) 352-0242, prior to the day regulations. (Duplicate of 26-2-40, sdto of the hearing if, as the result of a except land usele) Re-enact Appendices 26-D, 26-F disability, you require reasonable All th . W applications in the through 26-N, and 26-P without accommodations in order to Southeast Weld MUD areas shallgoverning charge; Amend Appendices 26- participate in this hearing. adhere to the regulations ofot A, 268 26-C, 26-E, and 26-0, as the maximum percentage of lot attached. Any backup material, exhibits or coverage. The maximum lotinformation previously submitted to coverage percent is defined a maximum BE IT FURTHER ORDAINED by the the Board of County Commissioners district i t the total area bef a lot in a Boot that the Clerk to the Board be, concerning this matter may be zone yisst u that shall covered t and hereby is, directed to arrange examined in the office of the Clerk to by any structure. Land shall not for Colorado Code Publishing to the Board of County Commissioners, be deemed covered if it is used supplement the Weld County Code located in the Weld County for growing grass, shrubs, trees, with the amendments contained Centennial Center,Third Floor, 915 plants or flowers; if it is covered by herein, to coincide with chapters, 10th Street, Greeley, Colorado, decorative gravels or wood chips;d. articles, divisions, sections, and between the hours of 8:00 a.m.and if it is otherwise suitably landscaped. sub sections as they currently exist 5:00 p.m., Monday thru Friday, or The percentage of coverage one within said Code; and to resolve may be accessed through the Weld lot shall not include the area of the any Inconsistencies regarding County Web Page (www.co.weld. lot or development designated as capitalization, grammar, and w.us). E-Mail messages sent to common open sE.paceas percentages c in numbering or placement of chapters, an individual Commissioner may Appendix Table Ta The below all articles,divisions,sections,and sub- not be included in the case file. outlinedde in maximum p shall be sections in said Code. To ensure inclusion of your E-Mail for each ac the lot coveragecorrespondence into the case file, for Weld a within the BE IT FURTHER ORDAINED by please send a copy to charding,�,co. Southeast Weld MUD area. the Board if any section,subsection, weld.co.us. paragraph, sentence, clause, or phrase of this Ordinance is for SECOND READING: May 8, 2006, any reason held or decided to be at 9:00 a.m. unconstitutional,such decision shall THIRD READING: May 31.2006,at net affect the validity of the remaining 9:00 a.m. portions hereof. The Board of County Commissioners hereby BOARD OF COUNTY declares that it would have enacted COMMISSIONERS --- this Ordinance in each and every WELD COUNTY,COLORADO section, subsection, paragraph, ' sentence,clause,and phrase thereof DATED: April 14,2006 irrespective of the fact that any one PUBLISHED: April 19,2006,in the or more sections, subsections, Fort Lupton Press• paragraphs, sentences, clauses, - - or phrases might be declared to be unconstitutional or invalid. NOTICE The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on April 10, 2006, in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to certain sections of the Weld County Code, as currently amended. Second and third readings of said Ordinance will be considered on May 8 and May 31, 2006. All persons in any manner interested are requested to attend said hearing and may be heard. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at(970) 356-4000, Extension 4225, prior to the day of the hearing. Copies of the proposed amendment may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. DOCKET NO. 2006-25 APPLICANT: Pioneer Communities, Inc. c/o Reutzel and Associates 9145 East Kenyon Avenue Denver, Colorado 80237 REQUEST: Code Ordinance#2006-4, In the Matter of Repealing and Re-enacting Chapter 22 Comprehensive Plan and Chapter 26 Mixed Use Development BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 24, 2006 PUBLISHED: March 29, 2006, in the Fort Lupton Press EXHIBIT �. °Q t. '/ 2006-0945 NOTICE PROOF OF PUBLICATION Co iBoer of County FORT LUPTON Commissioners Weld Cpubty, nCearing will a.m.,conducta public 10. STATE OF COLORADO 200 at 9:00 a.m., on r April t e 2006, in the Chambers of the ward of County Commissioners, COUNTY OF WELD SS. A County Centennial Center, 10th Street, First Floor, eeley,Colorado.for the purpose of considering amendments to certain sections of the Weld I, Karen Lambert, do solemnly swear that I County Code, as currently amended.Second and third am the Publisher of the Fort Lupton Press; readings of said Ordinance will be considered 8 and May 31. that the same is a weekly newspaper printed 2006 All persons in any manner interested are requested to attend and published in the County of Weld, State said hearing and may be heard. p It a court reporter is desired, of Colorado, and has a general circulation please advise the Clerk to the Board.Ithehe,ing. T least five days therein; that said newspaper has been prior of the hearing. The cost of engaging a court reporter shall be published continuously and uninterruptedly borne by t the requesting party. In accordance with the Americans in said county of Adams for a period of more with Disabilities Act, it special uto are required in than fifty-two consecutive weeks prior to the for eu participate the in this hearing, please t 7Clerk first publication of the annexed legal notice to me Board's n 422 at priort the 9 40yo. Extension 4225. "^qr`°the or advertisement; that said newspaper has day of the nearing. of the °r°°used been admitted to the United States mails as amendment may ce examined in the office of the Clerk to the Board second-class matter under the provisions of of County Commissioners, located in County Centennial the act of March 3, 1879, or any Center, 915 10th Street, Third Floor. Greeley. Colorado, Monday amendments thereof, and that said trough Friday, 8'.00 a.m. to 5:00 p_m newspaper is a weekly newspaper duly DOCKET NO 2006-25 qualified for publishing legal notices and APPLICANT: advertisements within the meaning of the Pioneer Communities,Inc. c'e Reutzel and Associates laws of the State of Colorado. That the 9145 East Kenyon Avenue Denver.Colorado 80237 annexed legal notice or advertisement was REQUEST: Code ot of published in the regular and entire issue of U In the Matter of p g 'ate iveacPlan every number of said weekly newspaper for •inter 22 Comprehensive 6ixedUse Chapter 26Mixed Use the period of 1 consecutive insertion(s); and vevelopmen[ BOARD OF COUNTY that the first publication of said notice was in COMMISSIONERS C OLORADO WELD the issue of newspaper, dated 29th day of WELD DATED,March 24,2006 March, 2006, and the last on the 29th day of PUBLISHED: March 29, 2006, in March 2006. the Fort Lupton Press t `�r�F� Publis er. scribed orn before me, this the /�^��/`` � 27th day of March, 2006. �[J//ry�1I14A�r I f fi/1j7., (- / pt • a - 'i .._/,tom,/N." ^ r� e.'���t.�_ ��a Notary Public. CASE NO.401951 key 25886 Hello