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Home My WebLink About20060940.tiff 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that Chapter 22 Comprehensive Plan and Chapter 26 Mixed Use Development of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 "I-25 Mixed Use Development Area 2.1 Land Use Map". o r. . . 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 darn,CJ ycuy,aphk, area in seutlthestern Wald 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 areal-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, I-25 Mixed Use Development AREA areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the A(Agricultural)Zone District and other zone districts that allow urban uses. In addition, this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public service in rural areas for uses that require services on an urban scale. 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 1-25 Mixed Use Development areas and urban development nodes so as to balance relevant fiscal, environmental, aesthetic and economic components of the area. 1. MUD.Policy 1.1. An 1-25 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 26-1-50.6.1, to become Section 22-2-240, with changes as noted. Sec. 22-2-240. I-25 MUD Goals and Policies. A. l-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. l-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. l-25.MUD.E:Policy 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.EGoal 2. New development shall occur in a manner that assures an attractive working and living environment. 1. l-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.&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. l-25.MUD.EPolicy 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.EPolicy 2.4. Adequate pedestrian passageways between and within developments and neighborhoods shall be encouraged. 5. l-25.MUD.&Policy 2.5. Sign regulations shall be strictly enforced within the 1-25 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. l-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. l-25.MUD.EPolicy2.7. New development shall be designed to complement the natural environment and exhibit a "campus-like" atmosphere. 8. l-25.MUD.EPolicy 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. l-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. l-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. l-25.MUD.ePolicy 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. l-25.MUD.ePolicy 2.12. New development designs shall discourage continuous solid fencing adjacent to streets. C. l-25.MUD.EGoal 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.GPolicy 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.GPolicy 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.G Policy 3.3. New development shall minimize impacts to air quality. 4. I-25.MUD.ePolicy 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.EPolicy 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.E: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.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.E-Policy 4.2. All proposals for development within the MUD areas, with the exception of those developments specifically called out and excluded in the MUD Policy Document, shall use the Planned Unit Development (PUD) application process and regulations. The 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. 1-25.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. 1-25.MUD.P.Goal 2. Provide adequate public safety facilities, such as satellite stations for police, fire and ambulance and encourage the siting of co-located facilities and equipment. 1. I-25.MUD.P.Policy 2.1. Public safety facilities shall be provided to meet required standards of response times and public safety, maintaining the same level of service that exists throughout the districts. 2. 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.Goal 3. 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.P.Pufcg 3.1. Cnuouragetl ie Stn ig of sJuoula ncaru, adjauunt kJ WnnnuAity parks, opal' spaces and trail aysteniS. 2006-0940 PAGE 7 ORD2006-4 2. MUD.P.Policy 3.2. Mitigate the cost of land acquisition and capital construction for essential community facilities to the fullest extent consistent witl i state law and identify any additional costs which will not be mitigated by tilt da elupn1eiit as piopused. F. l-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. l-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. l-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. l-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. l-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. 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. I-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 OR02006-4 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 iiiun;c0ality, municipalities, urban growth boundary areas, or-an areas that can adt.quatJy N1u iJL, 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 UD0 withi11 the I-25 MUD al ea shall tl 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.Policy 2.2. 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 ;e..t;.,.r 22-3-10 Chapter 22, Article III of this Code. New development that results in excessive public costs while producing insufficient public revenues should be discouraged unless such development provides adequate guarantees through planning and coordination that public facilities and services are effectively installed, operated and maintained. 2. SE.MUD.P.Policy 4.2. If it is determined that public facility or service improvements or maintenance are required for, or caused by, the development, the developer will be required to pay for the cost of the public facility and service improvement and maintenance. The methodology for compensation shall be determined during the land use application review process. The developer shall submit the following at the PUD sketch plan phase of the development: 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 4-25 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 the-I-25 MUD areas. 2. SE.MUD.T.Policy 1.2. All now dorelupw0nt shall CO ulply Ertl Sca_tiuiia 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 prupuoll1 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-I-25 MUD areas. E. SE.MUD.T.Goal 3. New development within they-35 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 8.4 - 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 non potable 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 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 t., tl.s CI,apt... 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-tji ,0t0, 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,-aff 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-pufk.y J�,u,iici it 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 23-3-40.8 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 1-25 MUD Sec 26-2-10. Development Standards. (Moved from 26-2-20.6) 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 Olio 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-t Nlllyl .t loCI ACT 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 tu tl1ia Chaptc, 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 th;s CI iaptcr. 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 s$taff 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 whusc ,rtan,tel,a,icc n..eds cat, be 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 t., th;s CI.awt0,. 3. Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I to this Chap,toi. 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 tv tl,;a Chaptvt. 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 66and, Weld County Road 1 and all strategic roads as delineated by the Weld County Strategic Roadways, datUJ Detten.ber 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 1 25 aiid/or GI 1113 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 th;s CIlap6u 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 bccu ntiny 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-Sections7to Chapter 24 of tl CLAJ,-. 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 exist-that 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 thy fire dist.;J'0 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. C. School.. 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 theminge 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 tl,io CItoptc,. 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 th. toblcat Appendix 26-C to this CIiaptcu. 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 is ter. 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) 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 2006-0940 PAGE 37 ORD2006-4 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) which comprises approximately eight percent (8%) 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. 26-3-40. Common open space regulations. (Duplicate of 26-2-30) 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 exceptfor 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 CI raptor. 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-cxa,nplc at 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. (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 2006-0940 PAGE 38 ORD2006-4 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 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) 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, that can tolerate traffic, that are resistant to disease and insects, and which can be maintainedwlivoc iiiairuLiiaii,.C INA S can Lc n A. 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. 2006-0940 PAGE 39 ORD2006-4 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. 2006-0940 PAGE 40 ORD2006-4 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 their its interconnectivity within 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 oots. 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 to this CI.aptc.. 3. Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I to tl 0 Chaptc,. 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-(5)feet by five-(5)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 the Southeast Weld MUD areas are Weld County Roads 22 and 49, 1-76, and all strategic roadways delineated by Weld County Strategic Roadways, dated December 2004. The major Weld County roadway corridors with;i, the Goutlieaat Wc1J 2006-0940 PAGE 41 ORD2006-4 u. J� are Weld County Roads 49 and 22. These roadways play an important role in the function and image of the Southeast Weld MUD areas. The following design standards relate to the visual quality of these fors(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 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 1-76, Weld County Roads 49 and 22, and their subsequent frontage roads shall be fifty (50) feet measured from the existing or planned future right-of-way. d. Along 1-76, Weld County Roads 49 and 22, CI I GG and WCR 1, 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 1-76 and Weld County Roads 49 and 22 shall construct a berm along the roadwayl-76,-County Road 49& County Ruad 22, with maximum five to one (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 (50) feet of landscape setback plus one hundred thirty(130)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 2006-0940 PAGE 42 ORD2006-4 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 52, and 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 to th;s CIiaptc, illustrate the proposed character, berming and landscape setbacks for the roadway+ 25 and SI 1 113 corridors. Sec. 26-3-80. Transportation and circulation regulations. (Duplicate of 26-2-60) 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 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 paycontribute for payment 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 Coutht.,ast Wald MUD areas is Level of Service C and the intersection capacity is Level of Service D. 2006-0940 PAGE 43 ORD2006-4 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 Chaptor 24 of this Code. 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. 2006-0940 PAGE 44 ORD2006-4 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, 2006-0940 PAGE 45 ORD2006-4 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, for example. 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-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. 26-3-80. Sign district regulations. (Duplicate of 26-2-70) A. Intent. Within the MUD areas, signage has become an increasing 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 Southeast Weld 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 MUD areas. ??These regulations can be found in Section XX-x-XX of this Code ?? Sec. 26-3-100. Utility, infrastructure and public facility regulations. (Duplicate of 26-2-80) A. Intent. By their nature, most utility services are highly regulated. This regulation 2006-0940 PAGE 46 ORD2006-4 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 areas is provided by the Mountain View Fire Protection District. The Mountain View Fire Protection District shall be consulted concerning the fire district's 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 at twenty (20) pounds per square inch residual pressures for thirty (30) minutes. Pioneer Metropolitan District shall provide for the sewage disposal within the Southeast Weld MUD areas, except those uses specifically t,alled uut Cu lJ 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. 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 2006-0940 PAGE 47 ' ORD2006-4 decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2006-4 was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board David E. Long, Pro-Tem BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad Publication: March 29, 2006 First Reading: April 10, 2006 Publication: April 19, 2006, in the Fort Lupton Press Work Session: April 19, 2006, 1st floor hearing room Second Reading: May 8, 2006 Publication: May 17, 2006, in the Fort Lupton Press Final Reading: May 31, 2006 Publication: June 7, 2006, in the Fort Lupton Press Effective: June 12, 2006 2006-0940 PAGE 48 ORD2006-4 Hello