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) SATURDAY,MARCH 23,2002 sOCKY MOUNTAIN NEWS ) 9A, METRO Urban growth boundary What is It? Whars new? ■A voluntary,flewfde boundary ■Since the boundary was `_ "Iii I that encompasses 747 square established in 2000,rapid t ! miles in and around Denver. development outside the boundary N Part of the Mlle High —primarily in unincorporated - �la I Compact an agreement among areas—has alarmed planning „�. 1 2fi ores and flue cooties to llmlt officials. ere v E"' BOULDER- growth to a dedicated area. -,„'l j -COUNTY Bfl00MRBLD ,�. Y€r',' e'� 4w+, ___ x �^ . S GILPIN ADAMS ge n1 DO r ±a -.seam COUNR' re rd t COUNTY r i .'4" 5'to w f .x°y- n w r _„ ,a" x r r. aggp3,1 „"''161 E VFB 7'a , '.. o .Em„ $ 1 1 f CflEIX- I - \ ARAPAHOE ,. ----- — COUNTY I hwo COUNTY v I ex �� �a,ei ce +. _ .,_ I -_urban growth boundary - _.Efia «., .� sab... ._ n—.I lobo Banks,shown at home on Rae acre,W Dow CTodd"Bethnal se o nd. COUNTY, i \ Urban growth boundary participants gas oamry,says he's far open swca and agahre[WmeRcwal use of land." COUNTY, ZZ33ng koala, 1 Arvada,Aurora,Black Hawk,Boulder,Brighton, .4 Broomfield,Denver,Edgewater,Empire Englewood, Y 'Eoe,Federal Heights,Georgetown Glendale,Golden, Gme Tree, Udage,Idaho Springs,Lakewood Metal, si The is, ® DOUGLAS I Lome Tree Longmont,Lyons,North@ern Superior, ' figs- Jf - e T COUNTY I Thornton and Westminster 'r E / :c .eios 1 fr i , r���. C' 'es sun..Den....serer .... /_: _.r _ Boumec C,ear Creek,Dercmr.Douglas Gilpin .. t�Y 11 - eune:dcsemeel6 Rocky Mountain nets growing states," said Constance has begun studying the impact of No one expects demand for '.� Large-lot projects}1__eaten growthControl Beaumont,a runt sprawl expert see if developments trying to large-lot anal developments to 1. 1 L rural L threaten control and director of state and local poll- see J there is a regional way to slow any time soon,given the 1 cy at the Washington,D.C:based manage such developments. million new residents due to ar- BykrdsudW metro Denverwithin 18 years. address the problem. National "Rust for Historic Pre- "We understand the appeal of rive here by 2020. O News Roane. Unless something's done quick- Douglas and Adams counties for serva[ion."Uyou don't put rules in the rural lector said Larry In Adams County alone, more rD Ig planners say, such develop- instance,have.changed their mss- gHcequickly,ymi you'll be seeing year MugleC director of planning at than 3,SW large lots have been N 1 John Banks is a homesteader, meets will double the physical size ter plans to protect mail areas. community shaped by traffic engi- DRCOG."But people have to un- created since 1998. In Douglas CO one of thousands in the metro area of the metro area. rendering the The State Health Departmnt is neers:' derstand the problems." County more than 8,200 large lots j who claim a piece of the open hard-won,747-square mile growth considering beefing up septic sys- Dozens of large developments The Colorado Department of exist V - i range as their own. boundary adopted two years ago tern regulations to protect ground- —many with several hundred to Health, after a year of study, is "Despite the economic slow- a His house sits on a five-acre site almost meaningless, and wiping water supplies. And the Denver several thousand homes planned considering tougher standards for down,the West is going to be a net high in the halls of eastern Douglas out many of the open vistas that Regional Council of Goya rnments —are cropping up along the 1-25 individual septic systems to pro- importer of people in coming years,"said Thomas Clark,a County The panoramic view from surround metro Denver. is investigating the impact of such corridor.Among those under way tect rural ground water supplies. fessor of planning at the ilniversi iii - his living room is punctuated by "It's a very worrisome pat- developments nn the fledgling are Todd Creek Farms,in Adams The TH-County Health Depart- Pikes Peak and Devil's Head tern," said Robert Liberty, a urban growth boundary. County,and the Canyons,in Dou- ment,winch serves Douglas,Ad- ty of Colorado at Denver's College Mountain. national growth boundary expert Adopted two.years ago, the Om ams and Arapahoe counties,is also of Architecture and Planning. Westerners think of the se- who is a veteran of Oregon's land- boundary is an imaginary line de- "A lot of people would call this monitoring large-lot develop- .As Colorado adds another res- mirural developments such as the mark efforts to manage urban and signed to contain growth.ltventy_ sprawl," says Banks,who chairs ments. The tai-county area has lion people,the developments will one Banks calls home as a sort of rural growth. six metro-area cities and five the Douglas County Planning seen a 45 percent lump m new sores on outlying land parcels will afd>1Mmf l holy birthright. "We call it 'too small to plow; counties have agreed to hold de- Commission."And in a way,it is. septic systems since 1998. Offe grow Clark said at a recent land- ' But these 'large-lot develop- too big to mow.' That kind of velopment within the line in an Les an inefficient use of land." orals say the rural waste disposal use forum at the Univxpect aityh of mots," are spreading like wild development defeats efforts to effort to protect open spaces, to Banks knows the problem well. systems are adding to problems at Denver "We can expect a huge ash thistle on the rural vistas cur- separate the city from the coon- reduce the need for new roads and He has helped spearhead the fight Cherry Creek Reservoir, one of amount ofrnrzl development" [. rounding Denver. tryside.You're losing farmland and to prevent needless sprawl. in Douglas County to ensure that Denver's key sources of drinking Many old winve g already begun. • III«< On a cold windy Saturday in Jon .=ro. Built and sites at least one rangeland. It's the spatial equiva- Now these cities and counties rural developments don't create water wary, people showed up tobuy acre in size and served by individ- lent of an STN" are worried about what's happen- shadow cities,overwhelming rural "We're seeing an increase in 15 y 700 re home sites up to by dal water wells and septic sys- Worried That large-lot develop- ing outside the line.DRCOG esti- police and fire departments,frag- phosphorous and algae blooms in TLS.Home in Adams County.The tems, these developments are ments will undermine growth- mates that the number of large-lot ile rural aquifers and school sys- Cherry Creek Basin that we think homebuilde held an impromptu . , consuming open lands so fast—at management plans,several coon- homes will jump 48 percent within terns. is partially attributable to all the lottery to deal with the horde of a rate of 10 percent a year—that ties, state agencies and the the next 18 years, to more than He isn't the only one who's con- new septic systems,"said Bruce planners predict they will fill a Denver Regional Council of 100,000 households. cerned. This year the Denver Wilson,director of environmental I 1,200-square-mile area around Governments are moving to "This is an issue in all the fast- Regional Council of Governments health at Tn-County. See GROWTH on 3011 30A■ ,:ti_ ROCKY MOU sITAIN NEWS _ s SATURDAY,MARCH 23,2002 f°' r -#r - - S S . • s � ilii r • Developers: Don't blame us 1 GROWTH from 29A (;` Effort to manage growth eager buyers. Within two hours, * the modern-day land rush was The growth boundary,over.Everything had been sold. dart adopted The agreementtrokseVeml Everybody hates developers by h metro area cities and five years to agreement enout with the_ , p II 1 N a la RE t because they think we bring the counties in 2000,is an effort to initial square mileage pared down y people."said Gene Osborn presi- manage growth and limit sprawl to 747 square miles from more dent of Equinox Homes. "But in the metro area.The effort was than 1,100, �� ' �". that's like blaming your front door spearheaded by the Denver Re- Member governments who 4a. - tonal Council of Governments, don't abide for letting the water in when it g by the agreement— It means that each of the cities known as the Mile High Compact _ ,�jMj�cJ.a(„/r -.` �,.. - floods." and counties that have signed —can he sued Ly neighboring �;�a� i Ie SP - velopments Osborn is building large-lathe the agreement love defined 250 de- ontRg up and down the Muglrcireofpianigatry www.sundancespas.com Front Range corridor. His dams their�wn anescbnbe c boundaries. R director ofplamm�gat (� The boundaries can be changed DRCOG. acre Todd Creek Farms in Adams to accommodate development, About a dozen cities nation eastCou of just a few minutes north- .' hut overall square mileage wide have adopted growth bound wva;sr $�.� east of will have 8,0(Nl large- withinthe boundary must arias in an attempt to better man GG� s: g m8 ;≥t R"�, lot homes when it's completed. remain the same. age development and limit �". — The home sites,served by septic Though statewide growth- sprawl,according to the Amen f Ch - systems and a community water management laws have been dif- can Planning Assocudon.About up to Sl 250°°oR MSRP / t - system,are almost all sold."Not on salad bouuos r v e ,j MI — Reek to adopt m Colorado,mem- a half-dozen states,including O 1� a everyone wants to live with 16 to hers ofDRCOG were able to Maryland,Tennessee and Ore- _ 17 other people on one acre,"Os- come together and voluntarily gun,have statewide laws mandat- ` r.— y.' - born said. - limitlheirgrowth loo 747 mg that cities and counties adopt ^` , = Though much-coveted by square-mile area, growth boundaries. } w. homeowners, these develop- - menu are expensive for counties 35-acre in others.The plan alsopro- tram' Cone said But that s S to serve. Y f ( v 3 Adams County estimates that vides incentives allw for developers y to doesn't d s mean there needs to be an �' me i` in. - each$3w home must assess for at voluntarily allowelo county to regu unlimited supply �. 1 W ll+ least$3W,000 to generate the tax late large-lot developments,to this The 26 metro area cities and - revenue needed to pay for police, ter rural homes and to preserve five counties who are abiding by .fix - fire, roads and social services in more open spaces.Under state law, the terms of the growth boundary ° Months ,_..t.,,,,'::1scounties can't regulate any develop- are particularly warned about the. 6 same r ,ice - these far-flung developments. t larger than 35acres. developments, which in some Same CIO" a That doesn't include school costs. r + � s & Large lots are being carved out "We're consuming a lot more cases push up against their own Cash y5so0.off. of Colorado's rural landscape at an land in rural development than we future growth areas. They don't sxms A�.- - unprecedented rate. are in urban development," said want to be saddled with the traffic for sales over oo when you present mss as �g00 s '' ��''f "The numbers are just explod- Peter Italian,director of the Dou- and air pollution these fast-grow- W8C` 1'lx - glas Count Planning Depart- in g, sometimes poorly regulated h�1 ing,"n said Rob Coney, Adams Y P g expires d�IB�GUNd. too , Come hy� County planning director.In Ad- ment.c"At some point,you've got rural areas often create. ^R`tz ; 4130/02 ew'2'°o... cerm�,,.mu ams County, the number of one- to face the music People are go- "We think it's a critical issue for -. Y x gg acre to 35-acre lots on the eastern Ong to continue moving here.At the whole region," said Steve � - l III = = plains has jumped nearly 27 per- least with our incentive plan,de- Gordon,a Denver planner 'V"a s pt SG r..,S ' -^ cent since 1998. velopers know what we want— Gordon and others would like to 7 y "c Flo {;'s vao_ To cope with the onslaught, paved roads,open space, houses see a regionwide open space plan "..ne I i d -os a - counties hope to channel the off ridge tops and houses clus- implemented to protect the range 'I ' tered in areas where there are lands and view corridors outside y I•" a d' large-tat developments into areas existing roads." the growth boundary. a. rt t V - closer to existing roads and But most re onal efforts take r p+ — schools, protecting the scenic Developers who comply can, g' Carefree Spas 8 Billiards =a open range and agricultural lands for instance,build two homes one agings ere far ouCFornoshman r ®�'� www.cweheesposaom €Ci rr = wherever possible. 35-acre lot, rather than the one aging [Lase fast-grovnng shadow 1r + _ _ .,:,aa s� Douglas County's Banks said home normally allowed,"That has cities up to the counties. — ?''- county residents have demanded a real impact on profit margin," "Our citizens have spoken loud __ Italian said. and clear; said Douglas County s a better approach-- to rural Italian."They've said they want ARVADA HIGHLANDS RANCH COLORADQ STRINGS development. Adams County has developed a open spaces and they want view N Wadsworth 8 1-70 S (NextUniversity 8 C-470 N Academy A'* My 83 -- When Douglas County began master plan that seeks to protect ' corridors.We now have a compre , - developing a new master plan, the county's high plains wheat (Next to Gait's) (Next to Chili's) (Just West ofYlal?Mart hensive plan that reflects that hundreds of people showed up for fields to the east. It has estab- And when a developer comes m 303-422-0100 303-730-2400 719-J�0 the meetings, night after night. lished estate residential zones with when1 000 a developer elopernd com tf e in A0,,, Banks said."They wanted to see near existing roads and water sys- tems,and has imposed a$1,600- divide it into one-acre lots,we can `See store for details. Prior sales excluded. Promotion not valid with ar .r offer. - the rural lifestyl County rved." W say no. 'that's not part of the- sg Now Douglas has a plan per-home impact fee to pay for " Volk'- that provides for a finite amount of transportation projects. plan. rural development, 2.5-acre to 5- 'Large-lot development a le- Catlett rid smith tluo31892-5474or acre lots m some areas,1tFaae to ultimate part of the housing spec- smnhigN«tynontimt s zoo. • —sx' :4 . .gyp evir -4 '4 ' The Two Rural t •tAmericas Need • • More, Not Less •n-r:arcr»r 1 ' i✓3. fir; N dF, Plarming tu Fes.w.4 Thomas L. Daniels and Mark B. Lapping Is »,* • ust as American society has become more polarized in terms of income 6 and wealth, so has rural America.The rural-urban fringe regions, 10 to 40 miles (and sometimes farther) outside of major metropolitan cen- • ters, are America's primary recipients of population growth and land use change.The rural-urban fringe faces the threat of homogeneous,monoto- * 4--". nous housing and commercial development, which can engulf entire communities and transform landscapes and local economies virtually overnight. By contrast, inhabitants in remote or "deep" rural areas lag behind the nation as a whole in income,educational attainment,quality of hous- ing, employment opportunities, and the provision of health care and so- cial services. Many remote communities continue to suffer from a gradual exodus of younger people and a chronic deterioration in the transporta- tion, health, and educational services fundamental to a decent quality of life. Both rural Americas are in need of new and bold settlement policies and programs. Rural America comprises about 85 percent of the land area of the United States if one uses a definition of low population density, and slightly less than one-quarter of the nation's 260 million people. The dis- Daniels is Director of the Agriculturaltinction between urban and rural, however, has become increasingly Preserve Board of Lancaster County. blurred over the past 30 years, partly because of the rise of suburbs and PA.Lapping is a professor and Provost ex-urbs and the ubiquity of mass media, but also because rural people at the University of Southern Maine now depend far less for their livelihoods on agriculture,forestry,and min- They are coauthors of The Small Town . Planning Handbook and Rural Planning ing and more on services, government employment, and, to a lesser ex- and Development in the United States tent, manufacturing. Planners in rural America have been torn between promoting eco- Joornalof the AmencSnPlanning nomic development and preparing to accommodate major population rb Association,Vol.62,No. 3.Summer 996 'American Planning growth. The 1970s saw an unexpected "rural renaissance," in which rural Association,Chicago, IL. areas grew faster than urban places for the first time in 150 years.Agricul- EXHIBIT /2, 285 THOMAS L. DANIELS AND MARK B. LAPPING , ture showed strength, and many branch manufacrur- cotton reap larger payments. Not surprisingly, propor- ing plants were built in small towns. But the gains of tionately more payments have gone to the largest the 1970s were quickly erased in the 1980s. The 200,000 farms, nearly all of which would he profitable chronic farm crisis and a decline in manufacturing without such payments. thanks to high interest rates and an overvalued dollar Efforts by small towns to recruit manufacturing hit hard in many rural areas. Iowa, the nation's num- plants are likely to be less successful now than in the bet two farm state, lost 150,000 people in the 1980s; 1960s and 1970s.Just giving tax breaks is not going to three-quarters of all midwestern counties registered be enough. Many rural places lack adequate infra- population decreases. structure in roads and public sewer and water. In the The 1990s have seen considerable contention over 21st century, the growth in manufacturing is likely to matters of rural land use (Lapping 1994). On the one come from the production of highly sophisticated hand, the wise use movement has spearheaded an as- goods in such industries as microelectronics, biotech- sault on planning and environmental laws. More than nology, new materials, civilian aviation, telecommuni • - a dozen states have responded with so-called property cations, robotics, and computer hardware and rights legislation, requiring compensation for regula- software. As Lester Thurow notes, each of these indus- tions that result in a "taking" of more than 10 to 20 tries could be located anywhere in the world, because percent of a landowner's property value. Much of the they rely primarily on brainpower (Thurow 1992). West is up in arms (sometimes literally) over federal Areas with good transportation networks and major land ownership and management practices (Echevar- educational, cultural, and financial institutions will ria and Eby 1995). In the rural-urban fringe, the have an advantage. NIMBY syndrome is rampant as residents struggle to Meanwhile, dozens of remote small towns con- maintain their quality of life in the face of an invasion tinue to flounder. In the rural Midwest and South, of urban newcomers.In remote rural areas, the conrin- chain stores—led by \Val-Mart, the world's largest re- uing economic shift toward service industries has put tailer—have in effect decided which towns will prosper, many towns at risk. There are often not enough cus- in much the same way that the interstate highway in- ^ comers in small towns to justify specialized retail and terchanges became pivotal. The town that gets a Wal- service businesses.Among the rural poor, there is con- Mart is more likely to enjoy economic stability and siderable intrarural migration in pursuit of affordable growth than the town 10 miles away that does not. housing. This transiency often results in greater family What happens next is that the Wal-Mart town be- instability, less continuity in educational and health comes dominant, and the others within 20 to 40 miles services, and social rootlessness (Firchen 1995). become little more than bedroom communities with There are no easy answers to these situations. A atrophied Main Streets. Towns beyond 40 miles of a government role, however, can help direct population Wal-Mart are drying up. This is not all bad; however, growth and development to promote sustainable, liv- planning and grant programs at the stare and regional able communities in both the fringe and the more re- levels ought to be targeted to: (1) put resources in move parts of rural America. those towns that are dominant and will survive, and resist throwing money at dying or stagnant towns; (2) Remote Rural Areas assist with the transfer of population and resources Since the 1930s, farm income and loan programs from remote towns to regional centers. This resettle- have dominated federal rural policy. One of the long- ment will be necessary if equity concerns are to be ad- standing dilemmas in rural development stems from dressed. The practical model could be the government the misguided assumption that farming and the rural buyout of properties in floodplains in the wake of the economy are one and the same (Lapping, Daniels, and Mississippi River flood of 1993. Keller 1989). In the New Deal Era, when there were "Planning," wrote Benton MacKaye, "is funda- more than six million farms, this policy made some mentally revelation." The insight here is that the cur- sense. Today, with fewer than one million commercial rent pattern of hundreds of remote small towns is not farms and fewer than five million farm dwellers, such sustainable and will become even less so as the average a viewpoint is increasingly difficult to support. Each size of farms continues to increase and the number of year, billions of federal dollars are given to farmers in farms as well as federal farm subsidies dwindle. Fed- the form of deficiency payments based on the differ- eral and state aid should be investments leading to a ence between marker prices and a higher, artificially new, more sustainable settlement pattern based on re- determined "parity" price. Because deficiency pay- gional centers and their surrounding communities. ments are based on the amount of crops produced, the Agricultural aid should be means-tested in order to farmers who grow more corn, wheat, soybeans, and avoid abuses, and rural policy, in general, must reflect 2861 APA JOURNAL•SUMMER 1996 THE TWO RURAL AMERICAS NEED MORE, NOT LESS PLANNING the reality that the nonfarm sector is the main rural ties and of nonmetro counties adjacent to metropoli- ^ economic force. ran counties. Population growth in the fringe has been There is a very teal financial danger in allowing strong for many years, especially in California, Ari- lavish subsidies to continue to go to farming.Jane Ja- zona, Florida, Texas, and the Northeast. Moreover, cobs (1985) astutely points out that a nation may suf- much of the recent population growth has occurred fer when it attempts to subsidize backward regions outside of established communities in dispersed devel- over many years. The backward region becomes opment patterns, characterized by Doherty (1984) hooked on the subsidies; once the aid is reduced or as "countrified cities" and by Louv (1984) as "semi- removed, the backward region is left to fend for itself suburbs" that do not require a central city. and falter, without a self-developed economic capac- Since the coming of the Reagan Revolution, many try. There is little doubt that with the budget-cutting government programs have been largely discredited, mood in Washington and the shift to block grants to and the free market has been touted as the most effi- 'states, small towns will have to become more self- cient way to allocate scarce resources. Ironically, over reliant and efficient in providing good places to live the same period, it has become evident that growth, and work. For many places, the transition will be pain- especially residential development,does not pay for fit- ful if not impossible. self. New residents bring new demands for schools and This situation was recently encapsulated by a jour- roads, and fire, police, and sewer and water services. nalist,Jon Margolis (1995): "The Great Plains are emp- Moreover, defenders of the free market do not recog- tying out. What remains is a region populated nize that the marker has no particular aesthetic taste, increasingly.by lonely old women and sustained by nor does it care if a community is overrun with new- farm programs, Social Security, and Medicare. Which comers.The market is far from perfect. It can and does leads to the question: Is the State of North Dakota Fail to greater or lesser degrees. really necessary?" On the other hand, the American planning system Some remote places have been able to take advan- has generally failed to shape the nation's suburbs.The rage of their scenic settings ro rejuvenate their econo- 1960s and 1970s saw housing separated from shop- mies. The current boom in the Intermountain West is ping and places of work. The 1980s gave rise to the ^ perhaps the prime example. Access to a computer with Edge City phenomenon of regional shopping malls a modem, digital switch telephones, and Federal Ex- and office parks: a sprawling pattern of automobile- press and UPS are all that so-called"modem cowboys" dependent growth without a core. Edge Cities pushed need to keep in touch with the outside world or con- residential development and the extent of the rural- duct business. Even so, the spread of telecommunica- urban fringe farther out into the countryside. Lions will tend to be uneven and to favor only Instead of monotonous stretches of housing and physically desirable locations. gaudy strip development or proliferating half-empty shopping malls, a series of new towns with mixed uses -The Rural-Urban Fringe and pedestrian orientation would have provided socia- The rural-urban fringe is America's foremost area ble, energy efficient, and sustainable communities. of growth and change.Many Americans find the fringe That the federal government chose ro finance and sub- an attractive place to live because of its combination sidize home ownership rather than enter into joint of open space amenities and access to urban shopping, ventures with the private sector to develop entire com- employment, and cultural activities. Other Americans munities was a colossal mistake that will plague -are fleeing the high crime rates and high property America for decades to come. The effective subordina- ta-xes of central cities. They may also be seeking less Lion of planning to the market has given America truly racially diverse communities. Still others find the ru- world-class sprawl. ral-urban fringe an affordable area in which to build a house or buy a home. But over the past 25 years, the Alternatives to Sprawl development of the fringe has tended to feature hap- There are two ways to provide an alternative to hazard settlement patterns of residential, commercial, sprawl in the rural-urban fringe. First, establish urban and industrial growth, which have whittled away at growth boundaries and village growth boundaries the"critical mass" of productive farm and forest lands around existing discrete communities.The boundaries and natural areas. . should encompass sufficient buildable lands to accom- The rural-urban fringe is best defined as the land modate development for the next 20 years, and in the extending from 10 to 40 miles (and sometimes farther) meantime, urban services—especially public sewer and outside the centers of the nation's major cities. The water—would not be extended beyond chose bound- fringe thus includes parts of some metropolitan coun- aries. This has been the key strategy of land use plan- APA JOURNAL•SUMIb1ER 1996 287 THOMAS L. DANIELS AND MARK B. LAPPING ping in Oregon over the last 20 years. Compact designed development located in appropriate places. development is cheaper to service and limits sprawl out Moreover, planning in fringe areas will require true re- onto productive resource lands. gional planning, an undertaking that has not yet been Second,new towns with population caps should be demonstrated.Instead,a plethora of small,inadequate created. This proposal was the essence of the English town and county governments have been left to srrug- book, Ebenezer Howard's Garden Cities of Tomon'ou' gle with development problems that are too big for (1898), and was echoed in America by Clarence Stein, them to handle.The danger in the fringe is that popula- Louis Mumford, Catherine Bauer, and Benton MacK- Lion growth will exceed environmental carrying capac- aye during the 1920s and 1930s. Besides government ity and render many communities unsustainable.And, funding and permitting to get garden cities starred,two ultimately, both auto-dependent fringe areas and re- further ingredients are necessary. First, strict low- mote rural places are threatened by the rising price and density zoning must be applied ro lands not within the dwindling availability of energy supplies,especially oil. garden cities.Such zoning will minimize sprawl(which is both costly to service and unsightly) and will provide NOTE open space for farming,forestry,recreation,aesthetics, wildlife habitat,and air and water quality.Second,there 1. For an interesting discussion of business potential in must be a successful challenge to the interpretation of rural and small-town America,see David Heenan, 1991, the 14th Amendment's right of free travel clause that The New Corporate Frontier: The Big Move to Small Town, takes it to mean that population caps cannot be im- USA (New York: McGraw-Hill). posed on states, counties, or municipalities. Thar rea- soning made sense when America was mostly a REFERENCES wilderness. Now, however, the right of free ❑avel should not be seen as a carte blanche to exceed acommu- Cisneros, Henry. 1994. Presentation to the National Rural nity's environmental or fiscal carrying capacity, thus Housing Conference. Washington, DC. March. Doherty, Joseph C. 1984. Growth Management in Countrified rendering the community unsustainable. Cities. Alexandria,VA:Vert Milon Press. Conclusion Echevarria,John, and Raymond B. Eby. 1995. Let the People Over 140 years ago, the father of American design, Judge: Wise Use and the Private Property Rights Movement. g Washington, DC: Island Press. Horatio Greenough,set down the main tenet ofdesign: Fitchen, Janet M. 1995. Why Rural Poverty Is Growing "Form follows function." In remote rural areas, small Worse: Similar Causes in Diverse Settings.In The Changing towns haveessentiauy lost their former function as ser- American Countryside:Rural People and Places, edited by Em- vice centers and are withering away. In the rural-urban cry Castle. Lawrence, KS: University Press of Kansas. cringe,the sprawling form of development follows two 247-67. functions: (1) escape from the inner city of the metro- Garreau,Joel. 1991. Edge City: Life on the New Frontier New politan region;and(2)dependence on the automobile. York: Doubleday. At both ends of the spectrum ofrural America,goy_ Howard, Ebenezer. 1965. Garden Cities of'Tomorrow. Cam- ernment policies and programs are needed ro create and bridge, MA: MIT Press. (Originally published in 1898 as Tomorrow:a Peaceful Path to Real Reform) promote sustainable communities. Opinion polls have Jacobs,Jane. 1985. Cities and the Wealth of Nations Principles of repeatedly shown that most Americans would prefer to Economic Life. New York: Vintage Press. live in small towns. What Americans consider to be a Lapping, Mark B. 1994. 1993-94, The Year in Review: The small town is unclear—shrouded as the notion is in neo- Promise of Change. In Progress in Rural Planning and Policy Jeffersonian sentimentality—but it is unlikely to be a Vol. 1V edited by A. Gilg. London: John Wiley & Sons. place of 500 people in a remote section of the Great 5-13. Plains.The small town idyll is the New England village. Lapping, Mark B., Thomas L. Daniels, and John W. Keller. But just as Will Rogers once said about land,"they ain't 1989. Rural Planning and Development in the United States. makin'any more ofit." New York: Guilford Publications. In the future, planners and developers will have to Louv, Richard. 1984.America 11. New York: Viking/Penguin. work together, rather than simply fight over regula- MacKaye, Benton. 1928. The New Exploration: A Philosophy of Regional Planning. New York: Harcourt, Brace and tions,in order to create good communities. Developers Company. t typically fear planners yp Y P Margolis,Jon. 1995.The Reopening of the Frontier.New York opment and thereby reduce profits; planners, on the Times Sunday Magazine, October 15, 50-7. other hand, suspect developers of being short-sighted Thurow, Lester C. 1992. Head to Head: The Coming Economic and greedy. Planners can offer streamlined develop- Battle Among Japan, Europe, and America. New York: Wil- ment approvals and bonus densities in return for well- liam Morrow. 288 APA JOURNAL•SUMMER 1996 / 4 OFFICE OF THE COUNTY COMMISSIONERS 915 P..O. STREET O. BOX 758 r I GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us C. PHONE: (970) 356-4000, EXT. 4200 FAX: (970) 352-0242 COLORADO February 25, 2002 Weld County Planning Commission 1555 N. 17th Avenue Greeley, CO 80631 Dear Planning Commission Members: In May, 2001, the Board of County Commissioners ("the Board") appointed thirteen Weld County citizens to the Weld County Comprehensive Plan Review Committee ("the Committee"). The purpose of the Committee was to review the Weld County Comprehensive Plan ("the Comp Plan") and to recommend any changes deemed necessary. The Committee worked through 2001 and concluded with a set of recommended amendments to the Comp Plan. The Committee's recommendations were presented informally to the Board and the Weld County Planning Commission on January 15, 2002. The Planning Commission began consideration of the recommended amendments on February 5, 2002, but continued its consideration to and until February 26, 2002, to allow the Committee extra time to put its recommendations into final form. The Board is concerned that there may be some confusion about the procedures to be followed for the consideration of recommended amendments. The amendment procedure for an overall review and update of the Comp Plan is stated in Section 22-1-50 A. of the Weld County Code, which states: A. An overall review and update will be conducted at least every ten (10) years or earlier as directed by the Board of County Commissioners. The update should include an evaluation of the entire Comprehensive Plan as contained in this Chapter. The procedure involved in the update shall include an opportunity for the general public, Department of Planning Services, municipal, state and federal agencies to submit proposed changes and to review and comment on any amendments being considered by the Planning Commission and the Board of County Commissioners. In accordance with this Section, the procedure under which the consideration occurs is as follows: 1. The Planning Commission considers the recommended amendments of the K 1 hl Committee at the Commission's regularly scheduled or special meetings. The W Planning Commission's duty is to decide whether or not to amend the Comp Plan. It may amend the Comp Plan as recommended by the Committee. The '"194" Letter, Planning Commission February 25, 2002 Page 2 Planning Commission may also consider for amendment any other proposed changes submitted by the general public, Department of Planning Services, municipal, state and federal agencies. 2. The Board considers the Comp Plan as amended by the Planning Commission for incorporation into the Weld County Code. The Board's consideration includes a review of not only the amendments approved by the Planning Commission, but also the Committee's recommended amendments and any other proposed changes submitted by the general public, Department of Planning Services, municipal, state and federal agencies. If you should have any questions regarding this procedure, please direct such questions to either Bruce T. Barker, Weld County Attorney, or Lee D. Morrison, Assistant Weld County Attorney. Sincerely, BOARD OF COUNTY COMMISSIONERS -1 U Glenn Vaad, Chair '1,—., ,s F / -57 David E. Lo g, Pro '�' William H. Jerke c n P, • 2/�/� J. Geile Robert D. Masden 4�g LO1rG U DEPARTMENT OF COMMUNITY DEVELOPMENT O PLANNING DIVISION CbZ0R AY Civic Center Complex/Longmont, CO 80501 (303) 651-8330/Fax #(303) 651-8696 Weld County Planning Department E-mail: lonemont.nlannine(&ci.lonemont.co.us GREELEY OFFICE Web site: htto://www.ci.lonemont.co.us FEB 2 5 2002 February 22, 2002 RECEIVED Mr. Robert Anderson, Long Range Planner Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Weld County Comprehensive Plan Revisions as Recommended by the Comprehensive Plan Rewrite Committee Dear Robert: Thank you for sending the proposed revisions to the Weld County Comprehensive Plan as recommended by the Comprehensive Plan Rewrite Committee to the City of Longmont for review and comment. As indicated in an earlier letter to you, the City appreciates the opportunity to comment on the proposed revisions since comprehensive plans are so important to a community's growth and development. As envisioned in discussions concerning the draft Weld County Cooperative Planning Agreement (IGA), the City would very much like a role concerning growth and development near Longmont in southwest Weld County. These revisions appear to open up much more of the area around Longmont to urban development in unincorporated Weld County rather than channeling development to areas where urban services can be provided cost effectively for the long term. At the same time, it appears that development on land that is agriculturally zoned will be easier, more prevalent, and more intense. The City does not recommend that the Planning and Zoning Commission recommend nor that the Board of County Commissioners adopt the revisions as recommended by the Comprehensive Plan Rewrite Committee. The overall impression garnered from reading the draft revisions (both new language and deletions) is that the focus of the Weld County Comprehensive Plan is shifting. It appears that the guiding principles in this existing comp plan: 1) promote the preservation of agricultural land and natural resources, 2) encourage the location of development in limited and specific areas that EXHIBIT 3. .. .. ,r,a .._. . , , .;.Yoe I /4 can be efficiently and cost effectively served by public utilities and services, or 3) discourage development and sprawl throughout Weld County are no longer endorsed. In their place, the draft indicates that the new guiding principles are (Sec.22-1-30 on pages 11&12): • private property rights • respect for our agricultural heritage (right to farm emphasis) • fairness in the land use change procedure • recognition of Weld County's diversity • regulations addressing land use changes should facilitate the achievement of the highest and best use for the subject properties • economic prosperity These proposed guiding principles are usually considered in comprehensive planning in general and can function with other principles to achieve many objectives. Furthermore, comprehensive plans typically provide information and goals and policies to assist appointed and elected officials in balancing the desires and needs of the individual property owner and the desires and needs of the community at large. It is unclear how the proposed draft will assist Weld County in making those difficult decisions when the interests of the private property owner and the interests of the community at large are not in synch. For example, the draft states (Sec.22-1-30.E on page 12): LAND USE REGULATIONS WHICH ADDRESS LAND USE CHANGES SHOULD BE WRITTEN SO AS TO ACCOMMODATE THE HIGHEST AND BEST USE AS DETERMINED BY THE PROPERTY OWNER. THE TERM "HIGHEST AND BEST USE" IS DEFINED AS "THE USE, FROM AMONG REASONABLY PROBABLE AND LEGAL ALTERNATIVE USES, FOUND TO BE PHYSICALLY POSSIBLE, APPROPRIATELY SUPPORTED, FINANCIALLY FEASIBLE, THAT RESULTS IN HIGHEST LAND VALUE . . ." The draft allows development to occur almost anywhere within the County. References to directing growth are deleted. For example, the draft plan deletes (Sec.22-210.B on page 22): Increases in urban type uses will bring about decreases in the land area dedicated for farmlat The percentage of urban type usc is not as significant as the pattern of usc. A dispersed pattern of urban type land uses make large scale agricultural operations difficult and is often ssstly is prsvidc services to d'.sperscd developments. The draft plan encourages development in unincorporated communities (Sec. 22-2-120. C & D on page 37). C. REGIONAL SERVICES SUCH AS WASTE WATER TREATMENT PLANS AND WATER TREATMENT FACILITIES ARE ENCOURAGED TO SERVICE UNINCORPORATED COMMUNITIES. D. FURTHER DEVELOPMENT IN UNINCORPORATED COMMUNITIES WILL BE ENCOURAGED WHEN THE IMPACT IS POSITIVE. 2 One of the functions of a comprehensive plan is to inform people about the reasons for planning and the reasons that development should be directed to some areas of a jurisdiction and not allowed in others. The proposed draft deletes quite a bit of the educational information in the existing Weld County Plan that can be useful. One example of deleted paragraphs that explain the rationale for land use planning follows (Sec 22-2-20.A-D on pages 22 & 23 and Sec. 22-2- 70. on page 33): A. Through the comprehensive planning process,-all types of costs associated with development (including argd. environmental) can be reviewed. An urbanization pattern created withaat Imowledge of future surrounding land uses is likely to lack some essential ingredients of long term desirability. Without preparation for future land use patterns, it is difficult to anticipate locations for schools, parks and traffic airoalation systems that will not require additional improvements each time someone decides to develop. The costs of such additional impronsecA and the limitations of existing improvements lessen the development opportunities for adjacent landowners. This Chapter promotes controlled or orderly urban cape sizr. it relation to the existing and future land use patterns and establishes minimum guidelines for urban type growth within the County. B. Urban sprawl develops whin an orderly pattern for growth and development cannot be achieved. Higher costs arc incurred bath initially and ultimately in providing public services to a sprawl growth area. Often, scattered development requires the extension of services through undeveloped areas. Extension of services through these undeveloped areas creates an under utilization of services, which contributes to higher service coots for all County citizens. In addition to the economic .th arksr d:-eelopment patterns, there is also the problem of competkias and :inflict between urban and Fara? laud use intcrc.,io. nd of the thirty one (31) municipalities in the County arc surrounded by farmland. As-arlian areas continue to expand, these resource lands are either directly converted to urban uses or are adversely influenced due to inherent conflicts between rara! and-urban activities. C. The provision of infrastructure such as transportation systems, sewage disposal, water systems, for example, are important aspects to consider daring the planning stages of development. The capack;-ef p!arcd and future infrastructure shall be evaluated on a site specific baEi3. The impact to the .,, aunding area shall also be considered. D. Weld County recognizes the need to accommodate future well planned growth,-and shall take action to insure that expanded basic services such as transportation, fire and police protection, for aiampfe, vet, adcy a<_ely service additional growth: Current basic services should be re evaluated as to necessity; asst, innovative funding and flcuil;ility in d ecrse areas of the County. Population and economic growth will create a demand for conversion of land to urban used. The to—development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services exist or can more easily be provided, i.e., to existing munisipalitics and the I 25 Mixed Usc Development area. The 3 County recognizes that it is apprapriata for its municipalities is p:ar. €ar g ath at their eurrent boundaries and in the surrounding areas. Ts ascarrplish this, the County and the !3iunici a.M.t:cs shst 24-evoperncc in joint plbnnins ulsoi4s o achiekc a carsi:,tcr,t vision. The urban development section addresses the preservation conservation of agricultural land by encouraging efficient development and discouraging urban sprawl. These goals and policies reflect a basic commitment to conserving natural and managed resource, while directing growth r:r.d cnr arcing economic development through efficient use of inf rastfueture A key change of policy in the draft is that services need not be existing, planned, or available. They need only be obtainable. The geographic area where services may be obtainable is more expansive than the area where they are either existing, planned, or available. By allowing development to occur in areas where private property owners are willing to obtain limited infrastructure (water, sewer, roads, drainage, fire protection), other short term and long term costs associated with the development (sheriff, parks, recreation, open space, trails, libraries) are externalized to the community at large, will come home to Weld County eventually, and are not borne by the private property owners in the long term. While references to obtainability appear throughout the draft, a few examples follow (Section.22-2-60.C.A.3.3.A.Policy 3.2 & Policy 3.3 on page 30 and F.4.A.Policy 6.3 on page 31): 3. A.POLICY 3.2. OBTAINABILITY AVAILABILITY OF SERVICES SUCH AS ELECTRICITY, TELEPHONE, PUBLIC WATER, NATURAL GAS, SEWER, SHERIFF AND FIRE PROTECTION WILL DETERMINE THE INTENSITY OF DEVELOPMENT ALLOWED. IF URBAN SCALE USES WILL BE PERMITTED. 3. A. Policy 3.3. The availability of these cervices will determine the intensity of development. 4. A. Policy 6.3 Applicants for development shall fully disclose the quantity available an'' source of do-'cstis arid 77-3 it domestic water to service the proposed development during the land use application process. As you may be aware, our City Council and the Weld County Commissioners have spent almost two years in preparing an intergovernmental agreement (IGA). The City has approved and hopes the County will adopt to the draft IGA. The draft plan eliminates several references to urban growth boundaries and IGA's. The draft states the need to include landowners in the neeotiations of any IGA's. The City is concerned about the effect that these draft changes to the Weld County Comprehensive Plan have on the effectiveness of our IGA which was negotiated based on the philosophy of our existing comprehensive plans. Specifically, we believe that the draft changes will have the practical effect of allowing, if not encouraging, urban level development to occur in areas outside the 1-25 Mixed Use Development area, regardless of the availability of urban services. If this is true, then we believe it is contrary to the basic framework of the IGA. As mentioned earlier, it appears that the County will allow development to occur throughout the County. Following are excerpts from Sec. 22-2-100 on pages 34 and 35. 4 • A. E€€iciestt and orderly land development and the preservation -conservation of agricultural lard require that urban type development take place in or adjacent to existing municipalities. Development is encouraged within ren. :icipa'. where public services such as water, se.,-rc>, arid fire protection are available. B. Urban dzvelspm?nt adjacent to municipalities is appropriate if ;Naar. rraai:pal services can be extended to serve the area, and if the municipality wants to expand in that location and manner. Efficient Orderly development in the area surrounding a municipality raga:Eres coordination between the County,-and the municipality, and the individual landowner. This coordination is achieved by three (3) methods: the three mile referral, intergovernmental urban growth boundary agreements and the standard an: haAmi:e a.'bca growth boundary. B. EFFICIENT LAND DEVELOPMENT AND THE CONSERVATION OF AGRICULTURAL LAND SUGGESTS THAT URBAN-TYPE DEVELOPMENT TAKE PLACE IN OR ADJACENT TO EXISTING MUNICIPALITIES OR WHERE ADEQUATE INFRASTRUCTURE CAN BE OBTAINED. URBAN DEVELOPMENT ADJACENT TO MUNICIPALITIES IS APPROPRIATE IF URBAN SERVICES CAN BE EXTENDED TO SERVE THE AREA. C. D7 The intergovernmental urban growth boundary agreement is A by far the bcst tool for coordinating development at the municipality/county interface. THE INDIVIDUAL LANDOWNERS OF PROPERTY WITHIN THE URBAN GROWTH BOUNDARIES SHALL BE NOTIFIED AND INCLUDED IN ANY NEGOTIATIONS OF INTERGOVERNMENTAL URBAN GROWTH BOUNDARY AGREEMENTS. . . . 3. izs is a far more efficient use of land than arbar. sprawl, 3. When a municipality and the County enterinto an urban growth boundary agreement, the County agrees to abide by the to nicip.lity's vision for future development in the area. Likewise, the municipality agrees is limit is :iparzicr to the defined areas where it plans to provide municipal services. It is understood that urban growth is an ongoing process and urban growth boundary agreements will be subject to revision as needed. E. When growth at the ...u.ueipality/county level is not coordinated,- some of the problems that can occur. include roads that do not tie into each other, inconsistent engine:ng standards, the provision of municipal services by a hodgepodge of special districts, and the most obvious problem of is incompatible adjacent land uses. Besides addressing these problems, the urban growth boundary agreement can be used to preserve open space corridors between municipalities or to protect important wildlife habitat, natural and scenic The draft comprehensive plan seems to delete and fundamentally modify many of the principles, policies, and land use categories of the 1-25 Mixed Use Development Structural Land Use Plan 5 (Sec. 22-2-210 on pages 51 —58). A revised I-25 Mixed Use Structural Land Use Plan was not attached with this draft. If all the language that describes the rationale behind the various land use categories is deleted, it is unclear how these revisions affect the existing 1-25 Mixed Use Structural Land Use Plan (which is based on them). It also is unclear how the existing I-25 Mixed Use Structural Land Use Plan will remain useful in providing a vision for the County, and how it will be useful for appointed and elected officials in making land use decisions. The Comprehensive Plan Rewrite Committee was thorough in its revisions. While this letter only references a few areas of the draft Weld County Comprehensive Plan, the shift in principles that de-emphasizes the ability of Weld County to make land use decisions that benefit the collective citizenry of the County is throughout the document. If you have any questions, you may call me at 303/651-8326. You also may send e-mail using froda.greenberg@ci.longmont.co.us. Sincerely, Froth enberg, AI Principal Planner xc: Phil DelVecchio, Community Development Director Brad Schol, Planning Director Phil Greenwald, Transportation Planner Paula Fitzgerald, Parks Projects Coordinator Wes Lowrie, Senior Water Resources Technician File: #2049-2n 6 Robert R. Anderson -Weld County Comprehensive Plan revisions as recommended by theComprehensive Plan Rewrite CdPianfittt From: <Wes_Lowrie@ci.longmont.co.us> To: <Froda_Greenberg@ci.longmont.co.us>, <rranderson@co.weld.co.us> Date: 1/25/02 9:48AM Subject: Weld County Comprehensive Plan revisions as recommended by theComprehensive Plan Rewrite Committee To whom it may concern, The City of Longmont Water Resources Division has reviewed the above mentioned Weld County Comprehensive Plan. After this review Water Resources has the following comment. All land use development proposals in Weld County which are located around Union Reservoir should be referred to the City of Longmont for review and comment to ensure that development associated with these proposals will not adversely effects Longmont's ability to complete it Union Reservoir Enlargement program. Wes Lowrie City of Longmont Water Rsources Division 303.651.8814 CC: <Ken_Huson@ci.longmont.co.us>, <Nelson_Tipton@ci.longmont.co.us>, <Kevin_Boden@ci.longmont.co.us> • r ) Weld County Commissioners 1/25/02 915 Tenth Street P. O. Box 758 Greeley CO 80632 To the Weld County Commissioners, Enclosed are my preliminary comments on the draft revision to the Weld County Comprehensive Plan. First, I would like to acknowledge the tremendous amount of time and effort that the Comprehensive Plan Update Committee devoted to working on this document. I do,however,have some concerns re: the proposed revisions to the current comp plan. In general, I believe this draft plan proposes transforming Weld County from a premiere agricultural county to a suburban county. The smart growth language in section 22-2-20 states that support for agriculture should continue to be a significant goal for the county, but in my opinion,the rest of the document does not back up this goal. I urge the Board of Commissioners to review this document in detail, with a critical eye, and ask yourselves"Is this what our constituents want?" "Do we still support agriculture in this county, or do we want to transition out of agriculture and into a residential/retail/industrial economy?" I believe abandoning agriculture in Weld County would be a mistake. It is true that growth is a reality, and it is true that there are tremendous economic pressures on fanners to sell their land for development,but I challenge the Commissioners to look at other areas of the state and the country, for example, Routt and Gunnison counties,to find models for figuring out ways to maintain an agricultural base and still have a decent standard of living. And if the conclusion of the commissioners is that,no,you do not want to support agriculture as this county's economic base,then I challenge you to publicly-acknowledge this change of focus. I note that throughout this proposed revision,many references to important and useful information, and best practices, are deleted, and I question this. First,the reference to the Natural Resource Conservation Service's definitions of prime vs. non-prime farmland is deleted. Why is this? Does the NRCS continue to utilize these definitions, or not? If they do, I believe we can incorporate them into this document with confidence, and utilize the definitions for purposes of land use planning, if we want to continue to support agriculture in Weld. Second, EXHIBIT 1 l5 2 the discussion of tax limitations on Weld county has been significantly shortened,and moved to the appendix. Perhaps it is appropriate to move this section to the appendix, but all references in the current comp plan to limitations imposed by the Home Rule charter, and the TABOR and Gallagher amendments,have been deleted. Why is this? Those limitations remain as a reality that the Commissioners have to deal with, and I think the discussion is a very enlightening synopsis, and useful information to new commissioners, land use planners,the public, etc. It should remain in its entirety in the appendix. I would also like to address the topic of intergovernmental agreements. This proposed plan seems to give a weak nod to them, and I believe they are critical; they provide predictability to governing officials,they have worked well in most situations throughout this state,and I believe that the language around IGA's in this comp plan should remain very strong; I would even suggest that, somehow, incentives for working through IGA's be supported, in this plan. In summary, I believe this county deserves our maximum effort to employ the most current and innovative practices possible in planning for our future. Please note the attached news and book clippings. The excerpts from the novel and from High Country News indicate to me that Colorado already has a tarnished reputation re: growth. I question whether the proposed revisions to the current comp plan will serve to further tarnish our reputation. The article from"The Progressive Farmer"proposes a creative alternative to forcing farmers to sell their land for development, in order to make any income. And the coyote article from the Greeley Tribune is an interesting discussion re: the potential effects of urban sprawl on wildlife/game animal habitat, and thereby,populations. Would you please send me a schedule of the upcoming public hearings re: this revision? Thank you. Sincerely, Julie Boyle '(. 26414 Hwy. 39T Gill,CO 80624 (970)353-0332 0 Sirn,, 1. c'i,�tlGl-Ll E -, PROLOGUE 4 ' 77/149Z9 2,2 I/jib 4 / 4d. red without seeing into it.Ankle,knee,hip.Ankle,knee,hip.Circles.Perfect circles. I e and light receded. ' He felt himself slide away,the homes on either side beginning to blur.The i w.Short,but deft- scenery dropped away,no longer a part of his world.Ahead,he saw the mad, the obstacles,the traffic,three,six,ten,fifteen,twenty feet,his gaze running out to half a mile,then back in,section by section,partitioning the road,his route, his future. Waiting for the magic. It grew He could feel its approach.It sat just behind his heart and moved slowly upwards.It was almost here.He could feel it One more time,it would be his,one more time,just one more. The course wound through the foothills west of Denver,past fields of prairie dogs that would soon be evicted to make way for another cookie-cutter devel- f opment.Homes exactly alike,all six feet apart,one kitchen looking into another, kin of the Conti- , the smells mingling with the conversations among people who didn't know ibered skeleton of f each other and couldn't stand each others'guts if they did. Homes where you gression of sound. P could get any color you wanted,as long as it was putty.Homes built by devel- into the steel front I open who gutted the land,and now enjoyed the sunset from the deck of their multi-million dollar California coastal home,nowhere near the scene of the to a higher pitch, crime.A bubble of anger rose in his chest as his blood pressure rose to meet :ened sense of life. the demands of the ride. It grew into a rage, a fury, then, PP o ed,gone as he popped, mad tingle the quickly as it had presented itself. wrist,his elbows, He shook his head.He was close. r,his breath grew Lost in his reverie,he had pushed it away.It was a delicate thing,this magic. It came from the mad itself;he felt it slowly,ever so slowly,but then it quickly dis- appeared if the focus was lost and the connection broken.He chopped the road ig his ankling,his ahead again with his eyes,breaking it down into smaller sections he could deal feet below where with as he reached each and every one:turn,dip,hill,flats. Look ahead.The magic is ahead. More quickly than he thought it would happen,the feeling again rose upon him,the scenery began to blur around him and he swept through a corner into moving it to his the quiet of the foothills,blocked by a natural bather from the madness of the le broke his con- city now behind him.Despite the climb,he rose up out of the saddle and picked n o' he street, up his pace. immL L1ately back He rode the route,or one close to it,six day s a week in the past Then, ,he had xvii _ __ . .__- ............,.. ... .. a ucw ,sour group, the Montana Progressive Labor Caucus. ) — — Ty Whiteside, There's also talk of a new think tank in ID CAN CONTACT ... ..,vane for Rail Helena to rebuild progressive politics. • Center for Environmental Politics, in Missoula,www.cfep.org, 406/543-6154; Competition "We haven't had people sitting around • Montana Conservation Voters, in Billings,www.mtvoters.org, 406/254-1593; thinking about this stuff, like the right wing has,"Funsch says. "Our movement has • Montana Environmental Information Center,in Helena,www.meic.org,406/143-2520; lacked the intellectual infrastructure to do • Northern Plains Resource Council, in Billings,www.nprcmt.org,406/248-1154; this kind of forward thinking." •Alliance for Rail Competition, in Billings, www.railcompetition.org, chairman Terry The intellectual infrastructure,if it gets organized, should wrap its arms around this Whiteside, 406/245-5132. simple statistic,which isn't in the discus- 'We better start moving ahead' Wayne Hirst is an accountant in Libby, the timber sales here.Judges make the logging ' small town in northwest Montana where decisions ... asbestos mining has sickened hundreds and led "Sometimes environmental groups say a to the town's consideration as a Superfund site the sky is falling,and it is not. That hurts (HCN, 3/13/00). Libby is more than half busted, them. That's a problem in this state—no with the logging industry also way down. Hirst compromise.Environmentalists want no tim- rt "`- is a Republican who founded the Montana ber sales, and that hurts the loggers, and State Parks Association,finagles park laws they want no mining, and they do things that through the Legislature, and lives up the Bull hurt ranchers. Meanwhile,development River with no home phone. He says he voted for marches ahead,and that gets no attention -`14* , — Judy Martz for governor and regrets it, but that except on the local level.Development of Montana's environmental movement has also Montana will be Colorado-type development made mistakes. (residential sprawl into the mountains). "" Development is the environmental problem I4. vvviter �� � WAYNE HIRST: "Libby was a big see in Montana, the long-term threat.You cut c Democratic town,because of the unions, until down a tree, it '"grows back. You build a house the late 1980s, when the environmental move- it breeds other houses. ment got very strong in the Democratic Party, "I don't really like what's happening in a , and they went with strong anti-logging. Then Bozeman and Missoula and the Flathead. The the town turned Republican.In 1993, more yuppies and developers are moving in.The than 40 percent of my clients lost their jobs environmentalists ally with the yuppies to '' when Champion International liquidated(its fight the old battles, and that opens the door private forests)and the cut dropped so much on for the developers.Environmentalists should the national forest because of designated griz- focus more on the future. We better,start • 1 zly habitat and the Clinton Forest Service. moving ahead in this state,or while every- k Environmental groups appeal nearly all the body fights,we'll turn into Colorado." —KR. STRAIGHT TALKER: Wayne Hirst (photo courtesy Wayne Hirst) 14 —High Country News — December 17, 2001 Tuesday,Sept.4,2001 GoWest GREELEY(Colo.)TRIBUNE A5 Biologist Too many fawn d t blamed on coyotes ASSOCIATED PRESS found m the previous two years,lead- Sion last month in Gunnison. "Likely this is going to go back to a only modest improvement Mg him to believe there were more Poor habitat can leave does under habitat issue.Whether it's the ability After several mild winters, dee, GRAND JUNCTION-Too many carcasses he did not fmd. nourished, causing them to lose of fawns to survive disease or escape numbers on the plateau are up frog deer fawn deaths are being blamed on Watkins and researcher Tom Pojar fawns during pregnancy or give birth predators or any other mortality far an estimated 28,000 in 1998 to abou coyotes on the Uncompahgre Plateau, are tracking radio-collared does and to underweight fawns susceptible to tor,the fundamental underlying ele- 32,000 in the spring. a Colorado Division of Wildlife biolo- monitoring fawn survival as part of a diseases ment is typically going to be habitat Many Western Slope huntm1 gist said: three-year,$375,000 study. "We are saying sickness and star- quality"he said. groups blame coyotes for the slov Biologist Bruce Watkins of Mon- "Anyone who looks at my data and vation are at least as important as Herds in other areas are recover- recovery trose found five dead fawns concludes there is a coyote problem coyote predation," said Gary Miller, ing from severe declines in the early Pojar said coyotes can be blame( untouched by predators in June.That out there is missing something,"Pojar head of the division's mammal and mid-1990s while herds on the for 12 percent to 14 percent of fawl was more unmolested bodies than he told the Colorado Wildlife Commis- research section. Uncompahgre Plateau have shown deaths,a range he said is normal. 2002 Man of the Year Ralph E. Grosse - "We mies want to make it easier for local communities to protect their best farmland." BY JIM PHILLIPS WITH ILLUSTRATION BY RALPH A. MARK, JR. hen American Farmland Trust to pick up and move out of develop- an easy decision for the native Cali- was organized just over two meet's way,"he says. fornian and his family. "We decades ago, the group was Grossi explains that he and others in knew we wanted to con- looked upon with some suspicion by his area had begun to explore the rela- tinue to run the mainstream agricultural leaders. Sure, tively new tool of conservation easements farm,"he says. AFT's goal was to help preserve the na- as a way to protect Marin County's farm To do that tion's prime farmland. But some envi- and ran h land.that government spurred usre wa the from he Grossis got farmland recognition ronmental groups advocated preserving farmland through restrictive use laws would fail to protect the landscape unless out of the that would have, in effect, robbed we could find a way to share the cost of dairy busi- landowners of the full market value of protection between landowners and the ness and 2 their land. What's more, AFT was public,"he says. changed over started as the brainchild of a Rockefeller With a conservation eassem ,cultura � their operatingus on to future matron with a good chunk of its seed landowner deeds future nonage money coming from the Rockefeller velopment rights to a local 1e ros state go v- cow/calf t e recently, herd. Brothers Fund. Rockefellers and plow- ernment entity. a s he landown a the differ- dairy replacement ing the back 40 aren't often discussed in (taxpayers)P Y the same conversation. ence between the land's value for agricul- heifers have be Still, the Rockefeller connection did tural use and its value for nonagricultural come an impor not dissuade a young northern California development.At the heart of the conserva- tant part of the dairyman from choosing to serve as a Lion easement idea is a principle Grossi be- Marindale Ranch I `a k ,f farmer-member of AFT's first advisory lieves in."Farmers produce real value so for society beyond food and fiber,"he says. atherthat rsstarted in 1892. committee. Ralph E. Grossi was the third genera- The conservation easement concept was During 16 years of t tion of his family to farm and ranch the pioneered on Long Island, the nation's Grossi's continually adpershi hard to, AFT hasad the fertile and scenic Marin County hill when Suffolk Countybegan country hat ls just 30 miles acrossbe- Golden tGate1efrom San Francisco. A p conservation rogram. Purchase of Agricultural Cont eve our messan preservation. he rst agricultural ge ri gs true in both the 1971 graduate of California Polytechnic servation Easements(PACE),or as they're environmental and farming communities State University,he quickly established a sometimes labeled,Purchase to sof beve catebetween l tp-op- se of tht middle ground compensa- circles. -advo- record of leadership in California farm ment Rights (PDR),we circles. In 1976, Grossi was California "middle ground" on which American tion,"says Grossi. Farm ureau'sd Trust was founde . y paying AFT es out its cause through a FarmerB andRanchGerutstaning Young. By 1979, he had for arconservation ea ements, h e public combination tof education,research,leg- been elected president of the Marin shares thout imposng regulationsnthat infringe aimg farmland ed at preserving product ve and public awareness farm and County Farm Bureau. e rights. ranch land from the onslaught of urban "In w 1980 and I year AFTwas g t out founded], on property my wife I had just bought out the In 1985, the personable Grossi was and suburban sprawl. "airy from my father," recalls Grossi. to come to Washinn,D.C.,to be-By then our farm was just at the edge of come president and chie spokesman of ing asked hexpansione result s of been PACE eprograms suurbia,but we didn't want as a foregone conclusion that we'd held throughout we'd have The move to the nation's capital wasn't are typically state,county and even local Progressive Farmer/January 2002 16 * rector of public affairs at VFBF. threat to agricultural land coming from He is concerned that some propos- urban sprawl throughout the rapidly pop- als, in the name of farmland protec- ulating valley. Entitled"Alternatives for tion,are actually aimed at preserving Future Urban Growth in California's rural scenery without recognition of Central Valley,"the study developed pro- if what it takes to operate a profitable jections on what the valley would look { farm. "We've seen proposed easements like in the next half-century under the 4 , that would restrict the size of barns and current pace of urban sprawl. The report livestock buildings to something less than also included suggestions for more"co - --- would be needed to run a commercial op- pact"development that would save much • eration,"he says. of the area's valuable farmland. t'a American Farmland Trust staff have "American Farmland Trust's Central t ;.44+4 been helpful in working to address those Valley study was a catalyst for a group I 14, N. concerns of farmers in Virginia, notes of agricultural leaders to recommend , Sr.. t Stoneman. "They've met us more than strategies for conserving the nation's ' i } halfway, and we have a common most productive agricultural region,"says x • \ objective on this.We have a very Jack Pandol,a grape grower in Kern and ; good working relationship Tulare counties and chairman of the ‘ 'j. _ with AFT,"he says. Agricultural Task Force for the Central �4` ' �{ 4, The spread of Valley. y, ,� V ♦Y statewide PACE pro- One local result of that report was the ,;�a + r *; grams exploded in creation of Fresno County's Growth AI- rn ?� :c M ,,_ the• 1990s. And to- ternatives Alliance. Fresno County, day there are even with the ra idl � " t P Y growing city of K 8'r`,to PACE laws on the Fresno at its center, is still the nation's h r k., 1, c, books of 19 states No. I county in value of farm produc- ,.iff}+ : - . from coast to tion. The Alliance was formed in 1998 4;,�x ,'' ` s. coast. A combi- and consists of farmers and business �'k nation of both leaders, the Building Industry Associa- i state and local tion of the San Joaquin Valley, the i. ; PACE pro- Fresno Chamber of Commerce and R i grams now AFT. Their aim is to improve patterns - _ it accounts for of growth that help maintain Fresno ^' ur; _°-' over 6,000 County's agricultural heritage. '1s41,•,%-`1,..,,,, ,rr easements on nearly 1 million "AFT is a respected voice among ,' 'S��,,. acres of farm and ranch land. More farmers and is recognized as the leading tl, 'FF than $1.7 billion have been paid out to organization proposing farmer-friendly efforts that farmland owners in the purchase of devel- solutions to the farmland conversion j must be cham- opment rights on the easements. dilemma,"says Pandol. pioned by con- Grossi credits AFT's ability to work Says American Farm Bureau Federa- cemed local farmland owners and others closely with mainstream agricultural tion in a state or community who recognizem Bureau,g ParrishSe of Grossi, "He is a Environmental Specialist gDood the need to protect farmland from g ban AFT's srespe t for the U.S.Constitution's salesman." More than that, for 30 y d ars sprawl. AFT, with a staff of 100 in a Fifth Amendment,which states that gov- this third-generation farmland owner, in dozen regional offices, provides techni- ernment shall not take property without both his home community and on the na- cal and legislative assistance to those just compensation. "All PACE and PDR tional scene,has strived tirelessly to pro- seeking to establish PACE programs programs are a recognition that property vide reasoned leadership in the campaign One such group is the Virginia Farm rights exist,"he says. to keep a significant portion of the na- Bureau Federation (VFBF). "We're in- Over the years, AFT's efforts, which tion's prime productive farmland from terested in farmland preservation but began with a focus on national legisla- disappearing forever. want to make sure these programs don't tion,have increasingly shifted to the state For his efforts in this work, Progres- just preserve open space. They must al- and local levels. A recent local success sive Farmer is pleased to name Ralph E. jaw farmers to continue to farm,"notes occurred in California's rich Central Val- Grossi 2002 Man of the Year in Service mer Stoneman, senior assistant di- ley. A 1995 AFT report outlined the to Agriculture. • Progressive Farmer/January 2002 17 a' • Following are my comments regarding the draft of revisions to the Weld County Comprehensive Plan. I laud the tremendous effort and time commitment the committee dedicated to this document. However,while I recognize some improvements to the current comp plan- smoothing out some awkward language, insisting that development pay its own way, and requiring, at least in the summary,that development will be required to align itself to the adequacy of facilities and services-I am disappointed in this draft proposal. In general, I believe this draft plan proposes transforming Weld County from a premiere agricultural county to a suburban county. I believe this document is not balanced. It deletes many references to the utilization of professional opinion and public input, it deletes important references to critical historical and factual information necessary to decision-makers for making informed and balanced decisions, and it deletes many references to the need to balance private property rights with community well- being and resource preservation. As examples, I cite the following. The deletion of a lengthy but critically-important, brief summary of the tax limitations imposed by the home rule charter,and the Tabor and Gallagher amendments: Those limitations remain as a reality that the Commissioners have to deal with,and I think the discussion is a very enlightening synopsis, and useful information to new commissioners, land use planners,the public, etc. It should remain in its entirety in the appendix. The principle of facilitating achievement of the highest and best use of property is questionable to me: the role of local government, in my opinion, is to protect the well- being of its citizens,not to help landowners make the highest dollar for their property. In sections 22-2-10 and 22-2-20,there are many deletions to the discussion re: existing and future land us planning, and DPS recommends retaining these discussions as"critical in defming the role of planning and the planning process in managing growth and development." And as DPS recommends,the opening paragraph to section 22-2-70, which discusses efficient urban development and resource management and county/municipality cooperation, should remain. This document has many flaws, particularly in regard to incorporating smart growth management tools, as noted by DPS,and I urge this planning commission to heed DPS recommendations re: changes to this draft proposal. In section 22-2-20,re: the discussion of future land use, smart growth management tools are listed in paragraph C. However, DPS recommends deletion of the term smart growth tools because,"Few, if any, of the described tools are accepted or common smart growth tools." However, in section 22-2-60, a smart growth principle that discourages urban sprawl is struck in its entirety. It reads," Discourage urban-scale residential, Weld County Planning Department .-• GREELEY OFFICE EXHIBIT FEB 5 2002 1* RECEIVED commercial, and industrial development which is not located adjacent to existing incorporated municipalities". Although this draft states that supporting the continuation of agriculture as an important sector of Weld's economy is a goal, I do not see goals and policies in the remainder of this document that back this up. In fact, I believe this draft plan proposes transforming Weld County from a premiere agricultural county to a suburban county. I quote from section 22-2-90, "Benefits of Urban Development": "An important factor of urban development is the efficient use of land as a resource. Since the density of urban development accommodates more density on each acre,the amount of land relative to the number of people who live on or use the land is an efficient ratio. Locations where urban development can occur should be encouraged to develop as urban. Jurisdictions that can accommodate urban development should employ policies and regulations that facilitate urban development while managing the quality of this development. Weld County should adopt policies that promote urban development in the areas where it is appropriate resulting in the most efficient use of land and infrastructure." In section 22-2-20,a new paragraph B states, " Supporting agriculture will continue to be a significant goal of Weld County. However,the pressures to convert agricultural lands to other uses will continue to eliminate more and more lands from agricultural production."Ergo, loss of farmland is a foregone conclusion, and in fact, fanning is so much less efficient then urban development, according to this document. I argue that loss of farmland to development is NOT a foregone conclusion,and to succumb to development of ag land as the only solution is sad, and not reflective of our best efforts. It is true that growth is a reality,and it is true that there are tremendous economic pressures on fanners to sell their land for development,but I challenge the Planning Commission and the County Commissioners to look at other areas of the state and the country to find models for figuring out ways to maintain an agricultural base and still have a decent standard of living. I urge you to review this document with a critical eye, and ask yourselves"Is this what our constituents want?" "Do we still support agriculture in this county,or do we want to transition out of agriculture and into a residential/retail/industrial economy?" I believe abandoning agriculture in Weld County would be a mistake. This document weakens the county's commitment to utilizing the best practices possible. It weakens the commitment to appropriate facilities and service provision to developments, it eliminates many measurable,realistic, and attainable goals and replaces them with very minimum standards that often are not measurable,it eliminates references to the r mandate to consider cultural and social implications of land use changes,and it weakens protection of environmental and natural resources. In sections 22-2-40 and 22-5-40,discussions of the value of open space are eliminated. Why is this? Is it no longer true that"open space is desirable because it performs many natural functions and satisfies many human needs"? Is it no longer true that"A principal benefit derived from open space is relief from more intense urban uses conducted in a municipality. Open space buffers help maintain a sense of rural identity and diversity. These buffers also allow communities to maintain separate identities, while preserving productive farmland"? In section 22-2-30,why are two and a half pages of standards for mixed use development completely eliminated? Section 22-2-40, Principles for Community Structure and Growth, is also completely eliminated! Does the DPS staff feel this is prudent? Do we no longer want to make the commitment to thoughtfully-analyzing what vision we want for this county? In article three,many goals for critical services provision, such as law enforcement and fire protection, are pathetically weakened. Again,measurable goals are eliminated and replaced with such statements as; "strive for, when possible,encourage". This county deserves our efforts to do our absolute best, at least as a commitment in a document of this importance, and not just to do "as well as we can,when possible"! i— In summary, I strongly urge this Planning Commission and the County Commissioners to heed the recommendations for changes to this draft plan proposed by the Dept. of Planning Services, and that I have noted today. I urge you to retain our commitment to preserving our agricultural base and preserving prime farmland, by diligently researching alternatives that will meet the needs of a growing population while supporting a decent standard of living for fanners and ranchers. And I offer my assistance in carrying out the research into visionary and creative alternatives. Thank you for hearing these comments, and for your commitment to the well-being of this county's citizens. Sincerely, Julie Boyle 26414 Hwy. 392 Gill,CO 80624 970 353-0332 Monica FYI, Published in the Farmer & Miner 9/01 7050 Loma Linda Ct. Longmont CO 80504 303 833 2992 September 9,2001 Letter to The Editor: Whose land is this? It is the opinion of at least one member of the Weld County Comprehensive Plan Advisory Committee that it should be solely a property owner's decision as to how his land is developed, since it is his land. This ignores the fact that even though a property owner does have title to the land, his title ultimately was vested by the Federal government in Colorado. After the Native Americans were dispossessed from the land they occupied, by various treaties, the government awarded some of the land to individuals under the Homestead Act and some was granted to railroad companies in reward for building railroads in the State. Today's landowners, therefore, have acquired rights of title to their land, subject to the laws of government having lawful jurisdiction. Government, the purpose of which is to regulate for the protection and benefit of the people, that is, society, has the right and responsibility to limit an individual's rights of title. One of those limits is embraced in a master plan for land use policies and guidelines in the form of a Comprehensive Plan. So, to answer the member's assertion as to who owns the land; the individual "owns" the land. However, this ownership is subject to regulation by government, from which his ownership rights are derived, acting in the best interests of all the citizens. In the case of land use, society does have an interest in, and is affected by, how the land is used, which is why we have comprehensive plans, and planning and zoning regulations This idea of unlimited individual rights in land is one aspect of the libertarian drive to have as little government as possible. Government does interfere with the individual's rights and activities; it does become a self- perpetuating engine to expand its own powers and protect its own interests; it is expensive and very inefficient. All of this is very true. However, unfortunately, it is necessary to provide some ground rules and control, so that the actions of individuals and corporations benefit the general population as well as themselves, or at least do no damage to the general population. Carried to extremes, libertarian goals of unlimited individual freedom and minimal government would lead to an anarchic, dysfunctional society. The functioning of our modern society, with its high standard of living, is so dependent on the joint, coordinated, regulated interactions of individuals, that the result would be chaotic. These extremes can be found in some remote parts of Montana and Idaho where militants reject government and live in isolated, barricaded squalor. John Folsom r. EXHIBIT /7 A� g r i c u l t u r e f o r � i .� � :' X'p�/ , � yn/ vfw , ,,:4,,,,,,,,,t,,,,,,,,,,,,, "� t,4 �xY 1,�' /J f � � y �� / i/� y �F /, r / v •r a q ��I /* v`� o'ir r/: a by n /� ti. ii s I p • • h q i §S2Y(FYb'� ���� %/�✓i ' "yx�'S x" '`�. /� �^ � .,, '.4 a ir Agribusiness• l / . r I' ik -4k4 t i it �. i / 14'yy s i If / t i • / /4 146 j ` i n Weld County ',M � ' 410/&, dwV 4r ` My„'p , :.-n Y♦ 4 -.144,;("4;i qtr tfe i k1 +5 -' G yy. ,�. Y.. .+1 d Y y' it �°'y]�J i(yA� rt[ ;ii _ F MI' j�!'y f i. ,r2,P• EXHIBIT 1 I : tit Or ll , ,R 1 f a ii/44 1 p • I *' an71 �! ;f ,fie c .fJ �l� 1,7#1' ' +IM </\ � a ft Weld County is Ranked Number 1 in Colorado and Number 5 in the United States for Production of Crops and Livestock y It d a. L„.,;,,, .. $ - e s v .; , t T F w 4 ; a red + „ y4'fttt.> � s ' 'w . 4a' ; ' C n:' • R e�# r' , :v ` d'' ' � �: 4 �, ,e• ;te$$.''k a e Y.am, ' � $$�� q5 � gg 5fl�flr�rr yygg..�,p $g3. ""'�pgaq' x' Y � .- Ei+Fkd > t ,k ::'dd f+oY *% >;yµ c ,t ,,. ;t ; ;., '• � ja' `1Vi k t. 4n �+9"fY'N' 'm+ 6 �.R X'S'�` A°'43`Y0 2 .%#- h W✓3:: :r f:Pkirtip. DI &t 'y * fi�S ! ##fc ": r nY,4 '4*'11',y t'tgcf*' y, i be*'' f * ^k �z! #,' K,' t s.n s i),1/41 xit `' fg e e /144 4";'' , • :. * 0aw `kt 101 n :4M.� y dr' 14 + £ 1♦ % a r ₹ fi 3 yi)0 < 5 Y-se r 4 ,t74.1 4 �`t ,t 4.4., •`h• z. . . . . sce. 4 4 4 ti. ;"% . O:44: ' 41;44' i:. 4i, ' • t.1 i ' : 4 v t': * t :%4. .%., • ' 4 4 . V t '2' ₹ r"4.%q t o 4t'4."'. r y x.,v b a r�" k i s ' • ^ ' Bill Owens Governor l i s .; IIII tr �x 1 r} y;, i? Background Weld County ranges from fertile irrigated farmlands around Greeley, to extensive rangeland to the north and east,with dryland areas coming in above the valley floors. In 1997, cattle and r crops made up the backbone of the county's economy contributing more than $700 and $200 million respectively each year. Weld County is home to two ConAgra Beef Company feedlots,which are among the nation's largest, as well as beef and lamb packing plants in Greeley. ConAgra Beef Company averages a total of about 150,000 cattle on feed at its Gilcrest and Kuner feedlots. The cattle and calves inventory in Weld County is over 600,000,which ranks it first in the state and in the nation. , w a o- urcT. s .nt,x++ ° ,k5 H.l. }2't: wu {rte` v-..M. r . ...wm..Y✓+'a. A) Land . . Weld County encompasses more than 2.57 million acres of land. It is the third largest county in Colorado and is the third most populous outside the Denver metro area with an estimated 180,936 people in 2000. Eighty-five percent of Weld County is privately owned with the other 15 percent held almost equally by federal and state government. More than 74 percent of the total acres, 1.91 million, in Weld County is in agricultural use. If you look only at the privately held land, more than 87 percent of those acres are in agriculture. Between 1987 and 1992, 18,857 acres were converted out of agricultural use. However, between 1992 and 1997, the land in farms decreased 8 percent from 2.08 to 1.9 million acres. This is a change of more than 172,000 acres. Although the number and average size of farms have dropped along with the total acres in agriculture, the market value of agricultural products continues to increase as a whole and on average across farms. Water The history of most of Weld County is inseparably bound up with the development of irriga- tion (Greeley Tribune, October, 1930). In 1870, one the first agricultural colonies in Colorado was established where the Cache La Poudre meets the South Platte. Originally it was known as the Union Colony, but was later renamed Greeley. The colonists pooled their resources and moved quickly to build irrigation ditches. Ten miles of ditch were completed the first summer, 27 more miles the following year, irrigating 25,000 acres. (Rocky Mountain News, Colorado Milestones,July 6th). Currently there are 34 river headgates which provide 940 miles of irriga- tion canals irrigating more than 393,000 acres,which contribute to the county being ranked first in the state for agricultural products sold, and 5th in the country —. — '. 044,4 iy 1 r f Pir ._ . The Business of Agriculture The production of agricultural products on farms and ranches is how most people think of agriculture. The economic contribution of farms and ranches is often referred to as "farm production" or"production at the farm gate." However, the impact of agriculture on the economy is much broader than just the production from farms and ranches. Agribusiness encompasses the traditional farm production of commodities such as wheat, corn, livestock and green and horse industries,with linkages to the agricultural inputs necessary for their growth. Agribusiness also includes the processing and marketing necessary to bring the final goods to the consumer. The agricultural inputs sector includes chemicals, seed, fertilizer, feed, fuel, machinery, and veterinary services. The processing and marketing sectors include businesses such as grain elevators, meat packing houses,warehousing, and transportation of food products. Cost per year for a Livestock Producer in Weld County to maintain a breeding animal 450 400 350 300 f ' Total Direct 250 Cash Operating 200 Expenses 150 100 50frtir 0 Cow Ewe r'sl I-. e _. _ �IC.i tax „rk.*.w .... Cost per year for a Farmer in Weld County to produce an acre of: 3500 3250 3000 2750 2500 Total Direct 2250 Cost 2000 1750 Per Acre 1500 •i 1250 "0 1000 750 q f1 500 t 4 250 _ p 0 Corn Alfalfa Potatoes Onions ... Agricultural Production In Weld County, the market value of agricultural products sold increased 9 percent to more than $1.28 billion in 1997. Livestock and poultry provide 84 percent of the total value of agri- cultural products sold,with cattle and calves alone contributing 59 percent. Annually, agricul- tural production employs more than 5,000 proprietors and laborers who earn over 170 million dollars in personal income. Market Value of Agricultural Products Sold Commocflty w' V 1,000) Percent ofTotal j I Livestock and Poultry $1,076,975 Crops/Nursery 1, 1 $ 209,661 16% ' • 4 County Total $1,286,636 . -?L.\ , tl , ' xi f 1 Weld County leads the state and ranks highly in the country for the production and acreage of many commodities. Weld County also ranks 2nd in the state for head of equine (horses, don- _ keys, and mules). As of February 2000, there were 9,200 head of horses in the county. In the northeast sector of the state,which includes Weld County, there were 40,000 head of horses with an average value of$3,450 per head for a total value of$138 million. .011111 Ir. l ... fip l' i Weld County's Rank in Colorado and the United States Top Five - All Commodities - Value of Sales ($1,000) Top Five Commodities - Commodity - "Valltank in I Number of Livestock Sold ($1,000) Colorado U.S. Canunodity Number Rankin Rank in Cattle& _ Sold Colorado'-r:.U.S. Calves $741,597 1 1 . : I Shee lambs r... T I notdiscbad 1 19 '� ' and wool $106,483 1 1 `s- .. ".''' _ ,`t f Poultry,and &P not drelosed 1 31 poultry products $105,630 1 40 i i = Cattle&::';:.,,., (Dairy products $ 94,231 1 27 Calves , 968,053 1 1 r" • t Nursery and • Sheep& -.Y.`" greenhouse crops $ 44,864 1 42 Lambs 981 1 1 Hogs& y� Pigs 250,107 3 127 ;�`''. 4r Top Five Commodities - Crop Area Other Crops Grown Commodity Acres Rank in Rank in I in Weld County Colorado U.S. w;. . , Crop Acreage I. Wheat 156,909 7 100 ;:,q Hay Crops 137,479 1 13 i ` Dry Beans 31,772 g-. ' Millet 15,378 r : Corn for Grain 118,327 2 149 (. Vegetables 13,571 I.: Corn for [ Barley 10,870 I Silage 42,352 1 7 l. . Sunflowers 5,064 Sugazlxets 24,986 1 19 Potatoes 3,442 _ � Sorghum 1,592 Oats 1,002 ' ; Orchards .r , Source: 1997 Census of Agriculture-Colorado e Nursery and Greenhouse Crops Weld County has 46 farms,which is 7% of all green house farms in the state, but represents 29.2% of all square feet under glass (5.8 million sq.ft.). The top 3 greenhouse firms have sales in excess of$70 million annually. The industry employs more than 450 in the county. Weld has one of the three SunBlest Farms operations that ship more than 50 million pounds of tomatoes annually, making the state tops in the nation. Source: Colorado Greenhouse Growers Association :4K Alias Ore 40 Agribusiness in Weld County The contribution of the agribusiness system to Weld Country's economy can be measured three ways, each giving a different view of agribusiness activity: employment, income, and gross sales. Employment shows the number of jobs in each sector, including the owner/operator who con- siders farming their primary occupation as well as hired farm laborers where any part-time work is added into the total to produce a full time equivalent (FTE) measurement. Proprietor and labor income includes net personal income from farming but does not include income from cor- porate farms. This valuation does not suffer from the double counting problem associated with gross sales. Gross sales is a common measure of economic performance. However, it produces a double counting as each product moves from one production state to the next,which limits its validity as a measure for the agribusiness system as a whole. The following table shows how the three components of agribusiness contribute to the overall system measured by the three methods. This data is based on the Colorado 1997 Census of Agriculture, the 1997 Economic Censuses, and Employment and Income values provided by the Demography Section of the Colorado Division of Local Governments. I Weld County Agribusiness by Component Employment Personal Income Saka ($1,000) ($1,000) Inputs 3,247 (25%) $ 76,006 (19%) $ 957,533 (24%) Production Agriculture 5,384 (40%) $170,053 (44%) $1,286,636 (32%) Processing and Marketing 4,675 (35%) $144,470 (37%) $1,723,457 (4496) Agribusiness System Totals 13,306 $390,539 $3,967,826 1 While you can see how one sector builds upon the other for sales (demonstrating double count- ing), production agriculture has the highest percentage contribution of all sectors for both employment and personal income. Although Weld County is home to several processing facili- ties, production agriculture is still its strongest agribusiness component, being the top agricul- ture production county in the state, as noted previously. Between 1992 to 1997, employment in the agribusiness system grew by 5 percent. This masks somewhat the changes in the underlying sub-sectors. Employment in the input sector grew by 21 percent, 6 percent in production agriculture,while there was a drop in the processing and s marketing sector of 4 percent. ` After adjusting for inflation, labor and proprietor income in the agribusiness system grew by 7.8 percent between 1992 and 1997, and again it was not evenly distributed among sectors. The input sector grew by 27 percent, production agriculture by 11.6 percent, and processing and marketing incomes fell by 2 percent,which reflects the loss in jobs in the sector. Government payments, a component of production agriculture income, fell substantially from more than $16 million in 1987 to $8.5 million in 1992. Payments increased to $10.4 million in 1997. All pay- ments in fiscal year 2000 were $32 million. Payments for CRP were over 8 million in 2001. Corporate farm income, not a component of labor and proprietor personal income, has been growing substantially in Weld County from $5.4 million in 1987 to more than $45.4 million in 1997. Weld County continues to be an "agribusiness important" county, according to a study recently completed by Colorado State University, although the degree of importance is falling. Agribusiness dependent counties receive more than 20 percent of total county income from agribusiness industries,while agribusiness important counties receive between 10 and 20 per- cent of total county income from agribusiness industries. In 1992, 15.8 percent of total county income was generated from agribusiness industries while in 1997 it fell to 11.6 percent even though agribusiness income had increased. This is because other sectors of the economy grew at higher rates and Weld's economy is becoming more diversified. r The Future of Agriculture in I Weld County Agriculture is changing in the state and this certainly holds true for Weld County. As the state continues to face pressure from population growth, more agricultural land will be converted into development. Weld County, especially the south west corner, is facing intense development pressure due to its proximity to transportation corridors and the Denver Metropolitan area as well as its access to water. Higher-value agriculture such as greenhouse and nursery crops have been a growth industry for the state and county and traditional crops continue to produce more on less land with less manpower. However, agricultural technology changes rapidly and farmers adjust accordingly. The acreage of vegetable production has grown slowly but steadily increased during the 1990's, and that U r.4 "la trend is expected to continue, giving Weld County even more diversity than it had in the past. Because of that diversity and the ability of those involved in the industry, agriculture should continue to remain a major player in the economy of the county for many years to come. For more information on the complete report,"Colorado's Agribusiness System, It's Contribution to the State's Economy in 1997," contact Elizabeth Garner at (970) 491-5706 or Sue Hine at (970) 491-7370. The report is available from the Colorado State University Cooperative Extension Resource Center (970)491-6198, or on the Department of Agricultural and Resource Economics website: http:/dare.agsci.colostate.edu/questions.html I . .•.•.., a .• I X44. �� ; t4 'Y`llp —e AWP p ..�,.. _ _ if , 4 Idrr. 4A 1 k. . ii • , '4 {`,- .-. 444`7 -'b"t k^ 4t L ye 4t„i 'r`9!'d q F i { +k 4 3, y '<,,C 'z4 ',fr :: . d. ate- Si f x - ra' r _ r ' _' 0 ..„ ---: yoy-47,O - r _. _ `3ke 4A .44'1.84 fir f �' � , " , ,M L y -4.:11' p e ,1> 4" . �y4 �am+�� y t L s5 J T 1.' .r C 4,4/4",;( .- rn $ R y -If .- ' 4 ^i �R r �� � "A ^� yf SAY'- n 5 s ;9/'4g4 a Y� ,v s. y x L i ' xmf � 2 41;� SE?' `ab 4q }' "q'`Y ,} r n ; a: • 4 r ',; .s, :2:4 . > ✓ tk4 „'u44r 4+s A *r4"3'1,7 6t. ss r a`wSba X +—:7 R 74..11; ' c l a FK m ;4v+ t� r d: a :`'m r "ar, ;�d �� G !,y'",e'" 4 5"s;'bpi T k₹ s Sier , , mtl i 'A ' yc ma y„ j r *s nr.,eif 4-4 i,. .4{t A.',5114'...-4`41-)4,x A., .« ,X'a w 4 r a -r, i b` 2 A 'J , X ,cam i'"�*: !�i s .i�. .��. rf s k4 T wt _ A 44 _ !• .w r - — 7 Agriculture and Agribusinesses Account for S3.9 Billion in Weld County Weld County Planning Department }04`�cr GREELEY OFFICE : ` : MAY 2002 .•: RECEIVED TOWN OF ERIE May 2, 2002 1874 Ms. Monica Mika-Daniels Planning Director Weld County 1400 N. 17`h Avenue Greeley, CO 80631 RE: Weld County Comprehensive Plan Dear Monica: The Town of Erie requests information on the status of the Weld County Comprehensive Plan, including: 1. Copy of the current draft of the Plan. 'r, 2. Status of the adoption process for the Comprehensive Plan, including a schedule. 3. A statement whether the 1999 Town of Erie Comprehensive Plan, and Planning Area, is recognized in the Weld County Comprehensive Plan. 4. The Town of Erie requests that Erie's 1999 Development Plan Map, which identifies planning area boundary, future land uses and transportation corridors, be included in the Weld County Comprehensive Plan. I have enclosed a letter sent to Anne Best Johnson on July 10, 2001, regarding the Erie Comprehensive Plan and Planning Area. Thank you for your assistance. Sincerely, TOWN OF ERIE ...94a...6 .. . . . .. _ , Stephen L. Stamey, AICP Community Development Director n EXHIBIT �/645 Holbrook•P.O. Box 750•Erie, Colorado,80516•Phone(303)926-2700•Fax (303)926-2705 3 Syr �wf\ July 10, 2001 TOWN OF ERIE 1874 Ms. Anne Best Johnson Long Range Planner Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Weld County Comprehensive Plan Update Dear Ms. Johnson: The Town of Erie, Colorado requests that the Town of Erie Comprehensive Plan and Development Plan Map, be recognized and adopted as a part of the Weld County Comprehensive Plan update. The Town believes that the Erie Planning Area, as set forth in the Plan and Plan Map provides for appropriate land use, transportation and service areas. Please let me know what the Town needs to do to have the Erie Comprehensive Plan included in your update. Thank you for your assistance. Sincerely, TOWN OF ERIE Stephen L. Stamey, AICP Community Development Director 645 Holbrook• P.O. Box 750•Eric,Colorado, 80516•Phone(303)926-2700•Fax (303)926-2705 DEPARTMENT OF PLANNING SERVICES W �. 1555 NORTH L 1A`"AVENUE 80631 GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us COLORADO PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 Town of Erie, Colorado April 13, 2002 Attention: Stephen L. Stamey AICP Post Office Box 750 Erie, Colorado 80516 Dear Mr. Stamey, In response to your letter dated May 2, 2002 the following is submitted 1) Attached please find a draft copy of the Planning Commissions Resolution of the 2001-2002 rewrite of the Weld County Comprehensive Plan. 2) A tentative schedule has not been established for the 15` 2nd and 3rd reading by the Weld County Board of County Commissioners. Please watch for published legal notice of such hearings or you are certainly welcome to call me for the schedule of hearings, once they are established. 3) Unless previously agreed upon by the Board of County Commissioners in an Intergovernmental Agreement or similar document Weld County does not recognize town or city planning boundaries or areas established on parcels located outside of established municipal Boundaries. 4) Unfortunately the Department of Planning Services does not have on record a copy of your 1999 Comprehensive Plan or Development Plan Map and would sincerely appreciate a copy of both. As stated above, unless previously agreed upon by the Board of County Commissioners in an Intergovernmental Agreement or similar document Weld County does not recognize town or city planning boundaries or areas established on parcels located outside of established municipal boundaries. Please see the IGA statement below. Intergovernmental Agreement(IGA)and Coordinated Growth The purpose of an Intergovernmental Agreements(IGA)is to establish procedures and standards pursuant to which the parties will move toward greater coordination in the exercise of their land use and related regulatory powers within unincorporated areas surrounding the Town. The objectives of such efforts are to accomplish the type of development in such areas which best protects the health,safety,prosperity and general welfare of the inhabitants thereof by reducing the waste of physical, financial and human resources which result from either excessive congestion or excessive scattering of population, as well as to achieve maximum efficiency and economy in the process of development. 5) In discussions with the Assistant County Attorney, The Town may submit the Towns' plan as a reference document to the Comprehensive plan. The Planning Commission is scheduled to meet on May 21, 2002 for final consideration and adoption of the Comprehensive Plan. If you cannot attend this meeting please forward the Town's Plan and I will enter it into evidence at the hearing. 6) Should you have further questions or need additional information please contact me at the address or phone number listed above. Sincerely, Robert Anderson ❖ Planner III Robert R. Anderson - Re: Town of Erie Request Page 1 From: LEE Morrison To: Robert R. Anderson Date: 5/13/02 5:04PM Subject: Re: Town of Erie Request In the absence of a rewrite to the County Plan , that would be an accurate statement . There is a process under 31-23-208 of the municipality submitting to the County for"approval" and then recording and the county has not "approved" unless consistent with an IGA since it would create inconsistencies with our Comp Plan. Instead, if formal action was requested , the Board would "recognize" the municipality document as a reference document. However, Erie can ask the county to incorporate their plan into our plan as evidence at any stage of the comp plan process so you probably should treat that as evidence to be considered now by the Board. >>> Robert R. Anderson 5/13/02 11:21 AM >>> Good Morning Lee, Just a quick legal question. . . Stephen Stamey, Community Developent Director for the Town of Erie wrote DPS a letter requesting that the rewrite of Weld County's Comprehensive Plan recognize Erie's 1999 Comprehensive Plan, Planning Areas and Development Plan Map. My short response to him was "Unless previously agreed upon by the Board of County Commissioners in an Intergovernmental Agreement or similar document Weld County does not recognize town or city planning boundaries or areas established on parcels located outside of established municipal Boundaries." My question is . . .Is this reponse correct? Thanks. . . appreciate the help Robert Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80634 (970) 356-4000 x 4395 FAX 352 0242 CC: BRUCE Barker Robert R. Anderson -Town of Erie Request Page 1 From: Robert R. Anderson To: Morrison, LEE Date: 5/13/02 11:21 AM Subject: Town of Erie Request Good Morning Lee, Just a quick legal question. . . Stephen Stamey, Community Developent Director for the Town of Erie wrote DPS a letter requesting that the rewrite of Weld County's Comprehensive Plan recognize Erie's 1999 Comprehensive Plan, Planning Areas and Development Plan Map. My short response to him was "Unless previously agreed upon by the Board of County Commissioners in an Intergovernmental Agreement or similar document Weld County does not recognize town or city planning boundaries or areas established on parcels located outside of established municipal Boundaries." My question is . . .Is this reponse correct? Thanks. . . appreciate the help Robert 05/15/2002 03: 07 9703306361 VISION SVC CONFORM PAGE 02 wINDSOR ✓��_ Town of Windsor 301 Walnut Street • Windsor, Colorado 80550 . 970-686-7476 • Fax: 970-686-7180 COLO MEMORANDUM TO: Mr. Michael Miller, Chairman, Weld County Planning Commission FROM: Robert G. Frank, Chairman, Windsor Planning Commission' DATE: May 17, 2002 SUBJECT: Comments on Weld County Comprehensive Plan Recommendations Please be advised that the Windsor Planning Commission, Windsor planning staff and Windsor administration have reviewed the March 2002 draft of Chapter 22 of the "Summary of Weld County Comprehensive Plan" elements that have been discussed between the Weld County Planning Commission and Weld County Citizens Task Force, and we offer the following comments on the draft and our recommendations on the same. Albeit all of the land use components of the draft are important, meaningful and warrant serious review and discussion, the sections of the draft that most effect Windsor, as well as all of the other municipalities in Weld County, pertain to Sections 22-2-70 through 22-2-100 of the draft which are enclosed with this memorandum and which discuss Urban Development, Concerns of Development, Benefits of Urban Development, and Urban Growth Boundaries, respectively. Relative to these sections of the draft, Windsor supports the inclusion of these concept statements as they are outlined in the draft. The only other item that we would like for your Planning Commission to consider for inclusion in the draft and ultimately for inclusion in the Weld County Comprehensive Plan would be for the language similar to the statement in the following paragraph to be added as a new paragraph C. to Section 22-2-100 on page 34, with this new language pertaining to annexations. "C. In order to plan for future incorporation into a municipality, any urban-type development which is proposed to occur within the urban growth boundary of a particular municipality, but would not be contiguous to the corporate limits of that particular municipality, shall be required to be developed to the standards of the municipality. Furthermore, the County will not accept any applications for any urban-type development which is proposed to be developed adjacent to a municipal boundary, but will instead advise the applicant that since any such urban-type development must occur within the corporate limits of the adjoining municipality, this shall require the property owner to file an annexation petition with the respective municipality." EXHIBIT 05/15/2002 03:07 9703306361 VISION SVC CONFORM PAGE 03 Michael Miller Memorandum May 17, 2002 Page 2 The Windsor Planning Commission realizes that there may already be a proposed section or chapter on annexation in the draft proposal that we have not reviewed, but we also feel that since this issue has been debated at length between the County and the Town over the course of the past several years, its importance cannot be overstated and therefore we feel as if it should also be included in the Urban Growth Boundaries section of the Plan. Thank you very much for this opportunity to comment on the draft proposal and to participate in the review of your upcoming comprehensive plan. If you have any questions concerning either this memorandum or Windsor's planning program, please feel free to contact me through our director of planning, Mr. Joseph P. Plummer, at either the phone number or address listed above. Enclosures pc: Hon. W. Wayne Miller, Mayor Windsor Board of Trustees Weld County Board of County Commissioners Windsor Planning Commission Rod Wensing, Town Administrator Joseph P. Plummer,AICP, Windsor Director of Planning Windsor Planning Department staff Monica Daniels-Mika, AICP, Weld County Director of Planning Services 05/15/2002 03: 07 9703306361 VISION SVC CONFORM PAGE 04 CHAPTER 22 Comprehensive Plan Preface Summary of Weld County Comprehensive Plan DP8 recommendation:Move entire Preface to Appendix section Article l General Provisions Sec 22-110 Definitional Comprehensive Plan Sec 22-1-20 Relationship to documents Sec 22.140 6b{dlog prptclppsLs Sec 22-140 Principal plan components See 22-130 Planning process See 22.180 Comprehensive plan amendment procedure Sec 22-1-70 Location See 22-1-80 County population Sec 22.150 County economy Article U Land Use Categories Sec 22-2-10 Existing Land hie Sec 22,2.20 Future Land Use Sec 22-2-30 Agriculture Sec 22.2.40 Agricultural industry and benefits See 22-2-50 Concerns of farming as an Industry Sec 22-2-60 Agricultural goals and policies Sec 22-2-70 Urban development Sec 22.240 Contents of Development See 22-2-90 Benefits of urban development Sec 22-2-100 Urban growth boundaries Sec 2242.110 Urban growth boundaries goals and policies Sec 22-2-120 Unincorporated communities Sec 22.2.130 Unincorporated community goals and policies See 22-2-140 Industrial development Sec 22-2.150 Industrial development goals and policies See 224160 Commercial development See tS-8170 Commercial development goals and policies Sec 22.2.150 Residential development Sec 22.2.190 Residential development goals and policies Sec 22.2-200 Planned unit development See 22-2-210 Planned unit development goals and policies See 224220 1.251 fixed Use Development(MUD)area and urban development nodes Sec 22 2 230 MUD structural land rice plan Sec 22-2-230 MUD goals and policies Article IA Land Use Amenities Sec 22.840. Public facilities and services Sec 223-20 Fire Protection Sec 22-3-30 Law enforcement See 22-3.40 Public facilities general requirements See 22450 Public facilities and service goals and policies Sec 22360 Transportation Sec 22-3-70 Road classifications 05/15/2002 03:07 9703306%1 VISION SVC CONFORM PAGE 05 County ordinance. b. A Policy 8.1 Land use regulations should not interfere with the transfer of water rights and their associated uses. c. A Policy 8.3 Concerns of irrigation companies shall be addressed through the land use referral process. The placement of fences, structures. and recreational trails. for example. shall be made in consideration of the vear-round maintenance and operation of the irrigation practice. This consideration shall be made to mitigate associated hazards. • Ya4L PYE 0Y`C 4.wu be made in consideration of the year round .. , 3 effeeatio 1 worm 1. A.9. Goal 1.. A.Goal.9. The rainitntun lot size of parcels in the agricultural zone district should remain at eighty(80) acres to encourage parcels large enough to retain.viable farming operations or to accommodate modem agricultural equipment and irrigation practices. Lots of logger sin t. : re/.3:x.::- lly practical to farm due to J. A.10. Goal and policies. 1. A.Goal 10. Promote a quality environment which is free of unsightly materials,including but not limited to,inoperable vehicles,refuse and litter. 2. A.Policy 10.1 Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from, but not limited to, derelict structures, derelict vehicles and non-commercial junkyards 3. A.Policy 10.2 Develop programs for cleanup of derelict property,junk and weeds. See.22-2-70. Urban development. Population and oconerniu&r,r w • .nb ✓.-a maa.rpm:,. . S.._ I DES recommendation: Retain opening I I A. Population and economic growth will create a demand for conversion of land to urban uses. The urban development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services exist or can be provided. B. Urban development is may be characterized by intense residential,commercial areas for retail,offices,services, and other uses that are primarily located along major roadways,at major intersections, and in commercial parks designed to accommodate these more intense uses. Large areas of pavement for roadways,plazas and parking lots 32 05/15/2002 03: 07 9703306361 VISION SVC CONFORM PAGE 06 accompany these uses. Industrial uses in urban areas vary from heavy industry and manufacturing,to mauufaotwiAg combined with research and development that is less obtrusive and disruptive to surrounding properties. Usually, the heavier industrial uses are segregated into areas around the perimeter of communities and linked to major transportation networks. Light industfialindustry and manufacturing may also be at the perimeters,but sometimes integrated inside the community. DPS recommendation:Replace the word"is"with the words"may be"and add the word"residential"before commercial C. Urban residential development includes high density multi-family projects,single family residential subdivisi and many variations between these two categories.Typically,the density ofurban residential developments exce one unit per acre and all the neighborhoods are characterized by paved streets,sidewalks,parks,and a variety o housing types and other urban type land uses. Some commercial or neighborhood service uses such as churches,da care,small-scale offices,schools,convenience stores,sivall shopping areas,etc.,are usually associated with urban residential subdivisions. Sec.22-2-80. Concerns of Development: A. Conflicts exist_particularly between residential development and existing rural land use that can negatively impact Weld County. Tension is occurrine not only from restrictions on normal farming practices.but also from resistance to change and growth. It is important that county teoresentatives and officials recognize their role in reducing the conflicts between development and rural uses. Consistent interpretation and administration of this chanterand Chanters 19.23.24.26 and 27 of this code will help in the reduction of conflict. thine these documents to make consistent land use decisions.reinforces its usefulness as an information and decision-making tool on land use decisions made by private parties.as well as public officials. (Ref 22 2 SOD) B. Affordable housing. The escalation of development costs continues to raise the cost of housing which is in turn pawed on to consumers, C. Development should not be required to pay unreasonable costs which are more than their share for upgrades to existing systems that benefit everyone. A.The requirement of additional amenities to a development increase cost to the consumer and should be thoroughly evaluated as to the necessity of such amenity i.e.bus shelters,pull-outs,trails,etc. E. Conditions of approval requested by lofty,al agencies maybe scrutinized to provide basic needs. The applicant has the right to question the referral and contest the conditions.ifnecessary. DPS concern:¶'s C,D&E(above) Who will determine what is unreasonable? Or. .what is a basic need or a necessity? Who adjudicates this inevitable argument? F. Implementation of timely submission from referrals is required. The Planning Department needs to establish ate adhere to reasonable deadlines for referral submittals. The application process needs to be evaluated for ways tr make the entire process more efficient and timely. Sec.22-2-90.Benefits of Urban Development: A. Urban development is the most centralized and.therefore.the most intense land use. More people live in urban center than live outside urban centers because they appreciate the closeness and convenience of services that are available. Clearly.there are less annealing elements of an urban lifestyle such as traffic congestion. crime.and others:but the advantages of convenience,availability of lobs,and the social diversity of this lifestyle choice are perceived benefits. • • B. An important factor of urban development is the efficient use of land as a resource. Since the density of urban 33 05/15/2002 03:07 9703306361 VISION SVC CONFORM PAGE 07 development accommodates more density on tench acre.the amount oflaudMative to the number ofveoole who live on or use the land is an.efficient ratio. Locations where urban development can occur should be encouraged to develov as urban. Jurisdictions that tan accommodate urban development should enuplrrnplicies and regulations that facilitate urban development while managing the axiality of this develo*Qaent. Weld Camp.sheold adopt policies and regulations that promote urban development in the areas where it is appropriate resulting in the most efficient use ofland and infrastructure. Sec.22-2-100. Urban growth boundaries. A. Efficient and ordaly land development and thopees .:;.,::,,,,,,:,,:- typedevel"pmnaat ta*eplarn is orndjacant to Writ:. ....,:c':,'r,t,:ter Developmmat4s-emannaged-witiahananneipal A. Urban Growth Boundaries and uses within these areas;shall be determined through coordination between the County,participating municipality,and the individual landowner.Efficient development in the area surrounding municipalities requires this type of coordination which is achieved by three(3)methods;'the throne-mile referral, intergovernmental urban growth boundary agreementssand the standard one-half mile urban growth boundary. When growth at the municipality/county level is not coordinated,problems can occur with incompatible adjacent lard uses as the most obvious. • • _ ire ed L .Lr.(3)rnetho1 ..L_ transact..y.,.i.. :.b-,,:..::.mss and the standard one half mile urban growth boundary. B. Efficient land development and the conservation of agricultural land suggests that urban-type developmenttake place in or adjacent to existingmimicipalities or where adequate infrastructure canbe obtainer. Urban development adjacent to municipalities is appropriate if urban services can be extended to serve the area. INSERT NEW PARAGRAPH C.HERE I • C. IX The intergovernmental urban growth boundary agreement is a by far the best tool for coordinating .J development at the mumicipalitykounty interface. The individual landowners ofproperty within the urban growth boundaries shall be notified and included in any negotiations of Y: .6 A urban growth boundary agreements. In the spring of 1994,believing that each commtnity should direct its growth.the Board of County Commissioners began contacting eachmttnicipalityand challenged them to establishtheirowntailor--made growth areas. Believing each community eta Wad ebould direct its own growth, The Board of County Commit eaeis imparted three(3)criteria to guide the municipalities: • I. Growth should pay for itself in terms of initial costs and,in the long range,through good design and functional efficiency. 2. Annexation patterns should directly correlate with municipal service areas. 3. When an oipalityandtheCountyoatea:3: :e.,,::uA s : . It is understood that moan 4' • growth is an opgah 1 process.and urban growth boundary agreements will be subject to revision as needed. D.C. The County,in accordance with state statute,refers land use proposals for review and comment to any jurisdiction within three(3)miles of the site of the proposed change. The municipality is given an opportunity to 34 05/15/2002 03: 07 9703306361 VISION SVC CONFORM PAGE 08 comment,and the comments are considered by the Planning Commission and the Board of County Commissioners when they vote on the proposed land use change. Regardless of any other agreements between a municipality and the County for growth and service areas,the County will continue the three-mile referrals. problems that can occur,ieelude ,tho prevision of municipal servicre by e hodgepodge of special districts, baeMbiril,m...;ylpo11Hes or to protect important wildlife habitat,natural and soonio areas. E. In the absence of an urban growth boundary agru.aucut, the County recognizes a standard urban growth boundary. This is a one-half-mile perimeter from the existing public sanitary sewer facilities. The definition of facilities is limited to public sewer lines in place on September 11, 1995,the time of adoption of Ordinance I47-G, as codified herein, as amended'by Ordinance 147-P, adopted on March 15, 1999, also codified herein. The perimeter will be modified if it is apparent that physical boundaries prevent the extension of sewer service. Inside the municipal service area boundary,urban-type uses and services are planned and annexation is encouraged. DPS recommendation:Retain current Section 22-2-100 section in its entirety. Historical criteria established by the BCC outlines State and Local planning relationship/dynamic between the County and other entities.Insertion or the idea of Public involvement/notification into the delineation or creation of an UGB or IGA,at the cost of the developer,is supported by DPS. This section is one of the fitndamental tenants or principles of Smart Growth Sec.22-2-110 Urban growth boundaries goals and policies. The most recent copy of the Urban Growth Boundary map is on file at the Clerk to the Board's office and the Department of Planning Services. The following goals and policies are established for urban growth boundaries: A. UGB. 1. Goal and policies. • I- UGH Goal I. The County will encourage and assist each municipality in establishing an intergovernmental urban growth boundary agreement. 2. UGB.Policy I. The County recognizes that municipalities can and should plan their own futures in terms of the nature and rate of growth. a. UGH.Policy 1.1.Revise intergovernmental agreements as required by changing conditions. b. UGB.Policy 1.2. The county encouraees each mimicipality to plan their futures in coordination with individual land owners in unincorporated Weld County. The individual landowners of property within the urban growth boundaries shall be notified and included in any negotiations of intergovernmental urban growth boundary agreements. B. UGB.2.Goal and policies. 1. UGH.Goal 2. Concentrate urban development in or adjacent to existing mmucipalities,an approved IGA, T tr ate-- .,.the I-25 Mixed Use Development area;-and-maintain urban growth boundary areas,urban development nodes, or where urban infrastructure can be provided_ obtained. that provide an official designation between future urban and non urban uses. 2. UGH.Policy 2. Land use development proposals within an urban growth boundary area will be determined according to the procedure set forth in Chapters 22 & 23 of this Code. as iat=:,y,•.,,.,:,:,,,;} use proposals �- 3 =_,;_�:.� t. .:.....::: ;;:<if Choy adhere to the intent of this Chapter r• 35 05/15/2002 03: 07 9703306361 VISION SVC CONFORM PAGE 09 and the referral rceponsec received. a. UGB.Policy 2.1. Individuals making initial contact with the County regarding land use development should be informed of the policy of du eating urban growth to,or adjacent to,municipalities and the I-25 MUD,or where urban infrastructure can be obtained, b. UGB.Policy 2.2.Until intergovernmental agreements are in place,urban growth boundaries will be defined as a one half-mile perimeter around the existing public sanitary sewer facilities. C. UGB.3.Goal and policies. 1. UGB. Goal 3. The County and municipalities should coordinate land use planning in urban growth boundary areas,including development policies and standards,zoning,street and highway construction,open space,public infrastructure and other matters affecting efficient erarrly development. 2. UGB.Policy 3. The County may consider approving a land use development within an urban growth boundary area, ,if all of the following criteria are met: a. a. UGB. Policy 11. The adjacent municipality does not consent to annex the land or property in a I timely manner or annexation is not legally possible. IDPS comment Who determines'timeliness"? _.J b. •UGB.Policy 3.2. The proposed use,including public facility and service impacts,is compatible with this Chapter and with other urban type uses c. UGB. Policy 3.3. The proposed use attempts to be is compatible with the adjacent municipality's comprehensive plan. d. UGB. Policy 3.1. Psi, ' ecenomy. The applicant must submit financial data and analysis on direct and indirect public service ue demonstrate that the proposed use is economically neutral or beneficial to the County, e.d_UGB.Policy 3.4. If public facility or service improvements are required by a development,and will not be provided by the adjacent municipality,the developer will pay these costs,initially. A method of . 1.L/PIL.z.1 Lilted • anteHti. .;: : 1--•;._y::: :: .o the developer IDPS recommendation:Retain e., 1,2&3(above)These factors are important in assuring that development is fiscally responsible for development impacts. D. UGB-4,Goal 1. UGB.Goal 4. Whenever possible, open space within a urban development should be connected to 36 WRDc. MEMORANDUM COLORADO TO: BOARD OF COUNTY COMMISSIONERS FROM: PLANNING SERVICES/LONG RANGE PLANNING(ROBERT ANDERSON) SUBJ: COMPREHENSIVE PLAN "WORKING" DOCUMENT DATE: 06/05/02 ATTACHED PLEASE FIND A COPY OF THE "WORKING" DOCUMENT PREPARED BY PLANNING SERVICES WHICH COMBINES THE PLANNING COMMISSIONS'RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS AND THE RECOMMENDATIONS OF THE COMPREHENSIVE PLAN REVISION COMMITTEE TO THE PLANNING COMMISSION. THE DOCUMENT WAS PREPARED TO EASE COMPARISON AND WAS CREATED USING THE PC RESOLUTION AS A BASE AND THEN MERGING A COMMITTEE PROVIDED COPY OF THEIR RECOMMENDATIONS. THE COMPREHENSIVE PLAN REWRITE COMMITTEE HAS REVIEWED THE "WORKING" DOCUMENT AND THE COMMITTEE CHAIR HAS INDICATED THE ONLY APPARENT DISCREPANCY IS PARAGRAPH NUMBERING AND LETTERING. THIS MISMATCH IS DUE TO SEVERAL DELETIONS AND RELOCATION OF PARAGRAPHS BY THE COMMITTEE. PLEASE IDENTIFY AND REFER TO MATERIAL BY CONTENT RATHER THAN BY NUMBERING OR LETTERING FOR REVIEW AND COMPARISON. THE COMMITTEES' RECOMMENDATIONS HAVE BEEN441GHEidfiln AND IDENTIFIED AS "COMMITTEE" TO SET THEM APART FROM THE PC RESOLUTION. p EXHIBIT CHAPTER 22 r1/4 Comprehensive Plan Preface Summary of Weld County Comprehensive Plan Article I General Provisions Sec 22-1-10 Definition of Comprehensive Plan Sec 22-1-20 Relationship to documents Sec 22-1-30 Guiding principles Sec 22-1-40 Principal plan components Sec 22-1-50 Planning process Sec 22-1-60 Comprehensive plan amendment procedure Sec 22-1-70 Location Sec 22-1-80 County population Sec 22-1-90 County economy Sec 22-1-100 Selected economic indicators Article II Land Use Categories Sec 22-2-10 Foundations of existing land use Sec 22-2-20 Foundations of future land use Sec 22-2-30 Agriculture Sec 22-2-40 Agricultural industry and benefits Sec 22-2-50 Concerns of farming as an industry Sec 22-2-60 Prime farmland definition Sec 22-2-70 Nonprime farmland definition Sec 22-2-80 Agricultural goals and policies Sec 22-2-90 Urban development Sec 22-2-100 Concerns of Development Sec 22-2-110 Benefits of urban development Sec 22-2-120 Urban growth boundaries Sec 22-2-130 Urban growth boundaries goals and policies Sec 22-2-140 Unincorporated communities Sec 22-2-150 Unincorporated community goals and policies Sec 22-2-160 Industrial development Sec 22-2-170 Industrial development goals and policies Sec 22-2-180 Commercial development Sec 22-2-190 Commercial development goals and policies Sec 22-2-200 Residential development Sec 22-2-210 Residential development goals and policies Sec 22-2-220 Planned unit development Sec 22-2-230 Planned unit development goals and policies Sec 22-2-240 I-25 Mixed Use Development(MUD)area and urban development nodes Sec 22-2-250 MUD goals and policies Article III Land Use Amenities Sec 22-3-10 Public facilities and services Sec 22-3-20 Fire Protection Sec 22-3-30 Law enforcement Sec 22-3-40 Public facilities general requirements Sec 22-3-50 Public facilities and service goals and policies Sec 22-3-60 Transportation Sec 22-3-70 Road classifications /-. Sec 22-3-80 Pedestrian and bicycle paths Sec 22-3-90 Scenic road byways Sec 22-3-100 Regional plans Sec 22-3-110 U.S. 85 Corridor Sec 22-3-120 Air transportation Sec 22-3-130 Rail transportation Sec 22-3-140 Transportation goal and policies Article IV Environmental Resources Sec 22-4-10, Purpose Sec 22-4-20 Water quality Sec 22-4-30 Water goals and policies Sec 22-4-40 Air Sec 22-4-50 Air goals and policies Sec 22-4-60 Noise Sec 22-4-70 Noise goals and policies Sec 22-4-80 Waste Sec 22-4-90 Transfer,processing and diversion Sec 22-4-100 Transfer,processing and diversion goals and policies Sec 22-4-110 Final disposal Sec 22-4-120 Final disposal goals and policies Sec 224-130 Exploration and production waste Sec 22-4-140 Exploration and production waste goals and policies Sec 22-4-150 Biosolids and septage Sec 22-4-160 Biosolids and septage goals and policies Sec 224-170 Hazardous waste Sec 22-4-180 Hazardous waste goals and policies Sec 22-4-190 Agricultural waste Sec 22-4-200 Agricultural waste goals and policies Article IV Natural Resources Sec 22-5-10 Purpose Sec 22-5-20 Wildlife Sec 22-5-30 Wildlife goals and policies Sec 22-5-40 Open space,parks and recreation Sec 22-5-50 Open space,parks and recreation goals and policies Sec 22-5-60 General resources Sec 22-5-70 Commercial and mineral resources Sec 22-5-80 Commercial and mineral resources goals and policies Sec 22-5-90 Oil and gas resources Sec 22-5-100 Oil and gas resources goals and policies Appendixes Appendix 22-A Population statistics Appendix 22-B Existing land use Appendix 22-C Number of acres in municipalities in Weld County Appendix 22-D Municipalities population Appendix 22-E Right to Fann statement Appendix 22-F Tax limitations Appendix 22-G Definitions Appendix 22-H Mixed Use Development Area(MUD)Land Use Plan Distribution Appendix 22-I Sources 2 History of Amendments Ordinance# Effective Date Description 147 1/13/87 Original Document(Comprehensive Plan) 147-A 9/22/87 Addition of Mineral Resources;Environmental and Natural Resources,Open Space,Parks and Recreation;and the Weld County Economy Section lI 147-B 3/24/92 Conceptual Land Use Plan Map and 1-25 Mixed Use Development(MUD)Area and Activity Centers Map Revision 147-C Tabled 147-D 5/8/95 Conceptual land Use Plan Map and I-25 Mixed Use Development Area and Activity Centers 11 Map revision 11 147-E 5/15/95 Conceptual Land Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers Map revision 11 147-F 5/31/95 Conceptual land Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers Map revision 11 147-G 11/21/95 Fundamental revision of Comprehensive Plan,repeal and readoption of Plan 147-H 7/30/96 Conceptual Land Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers Map revision 147-I 18/27/96 Environmental section revision I 147-3 10/22/96 Technical amendments;add Table 5,land Use Plan Distribution;Mixed Use Development revisions 147-K 4/22/97 Wildlife Habitat Map revision I '�\ 1147-L 7/8/97 Structural land Use Map 2.1 revision I 147-M 2/8/98 Agriculture goal and policy revisions I 147-N 4/13/98 Agriculture goal and policy revisions 147-O 8/31/98 Agriculture goal and policy revisions 11I 147-P 3/25/99 Conceptual Land Use Plan Map and 1-25 Mixed Use Development Area and Activity Centers Map revision 147-Q 10/31/00 Structural Land Use Map 2.t revision;Urban Growth Boundary map revision;Table 22.4,land Use Plan Distribution;Art.I,General provisions;Art.II,Land use categories;Art.III,Land use amenities;Art.IV;Environmental resources;Appendix transportation definitions,right to farm covenant 2001-1 5/14/01 I Title of Weld County's right to farm I 2001-4 9/3/01 Table 22.4,Land Use Plan Distribution I ????-? ?/??/02 Fundamental revision of Comprehensive Plan,repeal and readoption of Plan I I I I r. 3 Preface: Summary of Weld County Comprehensive Plan n Introduction: Early in 2001,the Weld County Board of County Commissioners selected a committee of 13 residents of the County and directed them to review and update the Weld County Comprehensive Plan(WCCP). The committee,made up of people with diverse interests and backgrounds,and coming from different regions of the County,were exposed to a wide variety of speakers and guests,some from different departments of Weld County,some from other government agencies, and some from the private sector. The overall theme of the speakers was an acknowledgment that growth and development in Weld County is occurring and is expected to continue in the foreseeable future,so it is important for the County to update and revise the Comprehensive Plan and other land use policies to assure alignment with these projections. As elected representatives of the citizens of Weld County,the Commissioners also expressed their desire to update and revise the Plan,and discussed their expectations with each member during the selection process. The results of this effort are compiled in the accompanying draft of the 2002 Weld County Comprehensive Plan. This Executive Summary is intended to present an overview of the Plan and outline the components of the Plan. The Weld County Comprehensive Plan(WCCP)is a document that serves as the foundation of all land use and development regulations in the County. The WCCP is adopted by the Board of County Commissioners as an ordinance that is the basis for the rules and regulations that govern planning,zoning,subdivisions and land use. Supplemental to the WCCP are the zoning ordinances,development standards and requirements,subdivision procedures and policies, and other documents,all of which combine to make the framework used by the County government to manage growth in Weld County. The WCCP is comprised of five(5)Articles and an Appendix. The Articles are: I General Provisions II Land Use Categories III Land Use Amenities IV Environmental Resources V Natural Resources This Executive Summary will present the highlights of each of these Articles. It is important to note that each Article has many sections and a thorough reading of the WCCP is essential to fully understand the substance of the document. ARTICLE I GENERAL PROVISIONS: This Article describes what the WCCP is,how it relates to other planning documents; how the planning process works;as well as some general demographic,geographic and economic information about the County. Also included in this Article are the Guiding Principles of the WCCP. These principles establish the philosophical foundation of the plan and help to clarify the intent of the Plan. The Guiding Principles are: A. Private Property Rights 4 One of the basic principles upon which the United States was founded and continues to preserve is the right for citizens to own and utilize their property. Private property rights are not unlimited rights but rather rights balanced with the responsibility of protecting community health and safety. It is the goal of the Comprehensive Plan to express the needs and vision of a developing county,while protecting individual property rights. B. Respect for our Agricultural Tradition Weld County has an agricultural tradition, as reflected by its ranking as one of the richest agricultural producing counties in the nation. Land use changes are occurring and agricultural zoned land is being changed to accommodate residential, commercial and industrial development. As these new land uses evolve, it is important that the established agricultural businesses and associated infrastructures are allowed to continue to operate. Individuals that move into these areas must realize that they will experience conditions and services unlike an urban setting and must be willing to accept this lifestyle. Weld County's "Right-to-Farm"can be found in Appendix 22-E. C. Fairness in the Land Use Change Procedure Weld County has established various regulations for the process of land use change. This process must be fair and equitable to all parties in the following ways: 1. It is a timely process. 2. It is an open process to facilitate public information and input. 3. It provides open communication through the development review process to neighbors and communities most impacted by proposed changes. 4. It maintains consistent requirements coupled with flexibility within the implementation criteria. 5. It allows easy access to information about the process so affected parties maybe adequately educated. 6. It has an established appeal process. 7. It allows for approval when all written criteria of the land use regulations are met,and should not be denied solely on the basis of public sentiment. D. Recognition of Weld County's Diversity Weld County's 4000 square mile area is diverse geographically,socially and economically. Land use changes therefore must afford flexibility based on the specific location and the particular circumstances encountered within this locality. It is also important to weigh the cumulative impacts that specific land use changes will have. E. Regulations Addressing Land Use Changes Should Facilitate the Achievement of the Highest and Best Use for the Subject Properties. Land use regulations which address land use changes should be written so as to accommodate the highest and best use as determined by the property owner. The term"highest and best use" is defined as"the use, from among reasonably probable and legal alternative uses,found to be physically possible,appropriately supported, financially feasible,that results in highest land value . . ." F. Economic Prosperity Land use policies should facilitate and compliment a diverse economic prosperity and harmonize with 5 associated growth. Another important part of the General Provisions is in the Section entitled"Planning Process." This Section deals with the interaction of the County,other agencies of the Federal,State,and Local governments,citizens interested in land use matters,and the applicant proposing a land use change on a property in which they have an interest. To ensure the highest level of courtesy,helpfulness,and professionalism between all parties,the County will rely on the following five principles in processing any land use matter: 1. The County will encourage citizen participation in the planning process. 2. The County will encourage and promote coordination and cooperation between Federal, State,and local government entities charged with making decisions which significantly affect land uses in unincorporated Weld County. 3. The County will discourage inappropriate development in natural hazard areas and reduce environmental degradation as much as possible. 4. The County will rely upon referral responses from professionals in making recommendations on land use applications. 5. The County will cooperate with the applicant to achieve the objectives of the applicant while ensuring the health and safety of County residents. ARTICLE II LAND USE CATEGORIES: This Article lists land use categories such as Agriculture,Industrial,Commercial,Residential and Mixed Use,and it includes a variety of Goals and Policies associated with each category. Please note that there is no prioritization of the Goals and Policies. Each is equally weighted. Also discussed in this Article are the towns and cities in the county and their relationships with each other and, particularly, their relationship with Weld County. The interaction between the jurisdictions and property owners is also addressed,assuring land owners will be included in community,regional and county planning. The cooperative efforts of these differing jurisdictions are essential to coordinating growth in all areas of the county,and the methods of defining the roles and responsibilities of each party are identified in this Article. The I-25 Mixed Use Development Area(MUD)is also addressed in this Article with Goals and Policies specific to this area included. The first two sections of the Article are Existing Land Use and Future Land Use. Presently, Weld County is experiencing rapid growth in the southern and western parts of the county. Most of this growth is associated with aggressive expansions of towns in the county. The eastern and northern parts of the county are growing at a more moderate pace,and many communities in these parts of the county are experiencing difficult economic times. These factors, and others, combine to create a conflict between the desire to support agriculture and the economic pressures on landowners to sell or develop their agricultural lands. Supporting agriculture will continue to be a significant goal of Weld County,but it is recognized that the conversion of agricultural lands to other uses will continue. The pattern and quality of growth in the future will be guided by the WCCP. By following the Guiding Principles and applying the Goals and Policies of the Plan,the future land uses in Weld County will result in: 1. Urban growth occurring where it is appropriate. 2. Development outside of municipalities will occur only at the intensity that can be supported. 3. Agriculture will be supported and will continue as a mainstay of the County. 6 4. All future land uses will be considered with an eye on quality. As described above,there are several land use categories with each category having associated Goals and Policies. The following is a summary of each category: Agriculture: The importance of agriculture in Weld County is recognized,and supporting agriculture is an important objective of the county. Agricultural Goal 1 states:"Conserve land for agricultural purposes which foster the economic health and continuance of agriculture." This Goal is achievable by instituting Agricultural Zoning on most of the undeveloped lands in the county. Such zoning provides areas for agriculture and related activities by continuing a minimum parcel size of 80 acres in the Agricultural Zone District. Conversion of agricultural lands to urban uses will be considered, but only in the areas in or around existing municipalities or in other areas where adequate facilities such as roads,sanitary sewer,water, etc., and adequate services such as fire protection,police,schools,etc.,are available or obtainable. Compatibility of land uses will also be considered. Conversion of agricultural lands to non-urban uses will be accommodated only in areas that can support such development with adequate facilities and services. This allows low density and low intensity development to occur where appropriate. It also encourages techniques and incentives such as clustering,restrictive easements,building envelopes and setbacks to be used to both minimize the impacts on surrounding properties,as well as conserve lands for agricultural production. Supporting agriculture will include protecting agricultural uses by recognizing the "right to farm" and making significant efforts to inform residents of the county about agricultural operations. Furthermore,water and water rights are addressed in this section,reinforcing the importance of water and irrigation facilities in the agricultural economy. It is important to remember that state law governs and administers all water rights and water rules. Industrial: Industrial development that is not directly related to agriculture is intended to be located inside municipalities or in areas that can support the activity with adequate services and facilities. Industrial development is encouraged because of the economic benefits associated with it,but it is necessary to locate industrial uses appropriately to assure that impacts are addressed. Industrial uses directly related to agriculture may be accommodated in agricultural areas. Commercial: Urban commercial uses will be encouraged when located inside urban areas or where support for such uses can be achieved. Mitigation of the impacts of commercial uses is essential to assure compatibility with surrounding land uses and to avoid undesirable conflicts. Commercial uses directly related to agriculture may be accommodated in agricultural areas. Residential: Residential development is classified in two categories,urban scale development and non-urban scale development: "jtti A��qt '�+'�l9 Fti I+ tliit (� iit V& it it +fi f€ V i'7 UV( Iif" Developments with an o�dry rc#s � ��(�t4a prximityto existing pUD s '§ubdivrsions,municibal b�r , at* ; ' �� **corridors a 3 0 s,fir C,'an be'served by 4 deq at in -i tar + t 4 + I I r $ i rban� + pine 'Oaf ii i •' a equate 4 hiitli I 01l ban so IIIII ' `U`40,* keveii Pave the internal egad systems of the developm }� It an ScaleD�yy 't requ i 4ttiti lities and sen-i es such as central Water,sewer systems road netwd ,tp and recteettoty octanes and ptngtams,acrd stout;dtamage. tv +'I_, I ti $t {, p II II Cj§: i Urban scale development rs to be locut��tstt�k municipal boundaries or in dr�'�s,i�rhere appropriate'services and facilities are obtainable. NonUbanSealel?III3'4tt a .' fmition: I{'6i'�i,,� E ++ tt+ I I tt t y d$ t } r t l i t f i I 4 + Developments wttla (qA 1 1 B nVe ��110• �{•� Ie ()I IA C e '{ldt ( '�$ $(t 4 I) u� � ;;{'F}}WI!! � I f � f t']sed offe5ld �2� �}ts. NOn scaledeue .g� t IFt maval'.� aridti. U :..=e' le,Ofbelif u t agricultural production name ludes dev ani' + W A'el �n1A 91] !! ere , + ,t 'es a d 1 . n es m a er that the Ids t 4I{ $a 3 t ',. tl I I, e $ (4 rb agricultural iait are suttable IO A a and ranching = I p.n.s ftir,l I , f40)years Doty nr,,onn scale t t , t t s I, development nntain is water antf Wet shun y mum lot a , =sip)acre and a X overall gross densi0Y of 5 acres pet lo�,t. w o amenta� a 1'r`and s ci shall have'a mum lotsize of one(I)acre and a maximur ov}er'all gross density a acres per lot.I4,e opments proposingindividual wells and septic systems shall have ai trunimum lotsizei� i l acres per lot. Non-urban Seale develo t t 4 n 4 R t 'it `$e= t III =S I ii + le pmeti�e,�f�yitl}e accomino� e�1,: : 1�are s a a �;but,the. ��dud intensity I, 3 ,I `t = t f , i s t t ofanynon-i�rbanscaleresrdeuti e development will ,a, ®a, a sera r >® esstheissi afe#t ate ility, availabili p a of t s cixt.3 it I 4,1 4tI t, „4 t ty' Y` ` quacy 5uA P'i and = Ia a�,, the,r t �t,fiscal'-''ii ('D nJ&,t, co o er tsS p o Ib IA',i 1 `• S N Ip+ O it$ 4i ( nts, r �I+ '� lb I + ex8nip#icfnS etc.,Wil �„�i I� ged to fac"1� , ,� IA g pottirin�� ttli urban sC tit ��� putepts to be used as agricultural 1* ` s Mixed Use: Mixed Use Developments are characterized by a diversity of uses within the boundaries of an area or single development proposal. These developments can include industrial,commercial,and urban residential uses,and are intended to be located in urban service areas. Planned Unit Development: The PUD section expresses the desire of the county to evaluate development proposals in a process that encourages flexibility and variety. The various land use categories and the associated rules and requirements of each category will be used to evaluate any land development proposal;but,the mechanism of the PUD allows variations to the standards to be incorporated into development designs that will improve the quality of the development. The PUD establishes a cooperative relationship between landowner and the county planning services department to facilitate collaboration,which will result in better development in Weld County. This approach promotes quality,creativity, innovation and flexibility. The cumulative effect of the Goals and Policies described in Article II will result in: Maintaining the prominence of agriculture in the county. Urbanization occurring in and around the cities and towns within Weld County. Property owners rights and responsibilities will be balanced. The quality of land uses will remain high. ARTICLE III pa. LAND USE AMENITIES: 8 This Article is made up of two areas of discussion:Public Facilities and Services,and Transportation. Public Facilities and Services: Public facilities and services include such things as fire protection, law enforcement, water, sewer, roadways, schools,parks and open space,and other facilities and services. Any proposal to change land uses will require an examination of the change and how it is influenced by or influences these facilities and services. Development will be required to align itself to the adequacy of facilities and services. Transportation: Transportation includes discussions about the county road system,road classifications,pedestrian and bicycle paths, scenic road byways, regional transportation planning, air transportation and rail transportation. The Goals and Policies of these sections promote efficient and multi-modal transportation that is sized and designed appropriate to the uses. Again, any proposed land use changes will be required to address the impacts on transportation that may occur because of the change. ARTICLE IV ENVIRONMENTAL RESOURCES: This Article deals with air quality,water quality,noise and waste. The impacts from proposed land uses on air, water, noise, waste and public health should be considered. The intent is to maintain or improve these environmental resources to prevent harm to life,health and property. Each category of environmental resources includes various Goals and Policies expressing the importance of properly managing and conserving the resource as well as what mechanisms will be employed by the county to do so. Each category has standards established by Federal,State and County regulations which require evaluation by the Department of Public Health. ARTICLE V NATURAL RESOURCES: This article discusses wildlife,open space,commercial and mineral deposits,and oil and gas deposits. Wildlife: The county recognizes that wildlife is an important contributor to the economic health and quality of life in Weld County. Therefore,evaluating and mitigating the impacts on critical ecosystems components,including wetlands, significant wildlife habitats, migration corridors, and the existing wildlife is an essential element of land use decisions. The Goals and Policies of this section reinforce the relationship between property owners,the county and the Colorado Division of Wildlife to promote wildlife friendly land uses in Weld County. Open Space: The central theme of the county's open space Goals and Policies is to minimize conflicts between areas for open space and development. It is acknowledged in this section that much of the open,undeveloped land in Weld County is privately owned and,as such,is not guaranteed to remain undeveloped. However,if development occurs,open space,parks and/or recreation will be provided to enhance the quality of life and enjoyment of the environment. Issues such as which lands should be protected from development;what lands are most suitable for open space;how interconnection of open space lands,both public and private should be encouraged;compensation for public open space on private lands;noxious weed control; and,the encouragement of trails are also addressed in this section. 9 Commercial and Mineral Deposits: This section pertains to mining in Weld County. Generally,there are two types of mining operations in the county, coal mining and gravel mining. The State of Colorado and the Federal Government are the primary regulatory entities overseeing these mining activities. Weld County will cooperate with these agencies and the mining operator to strive to conserve the land,protect the habitat of fish and wildlife,mitigate the impacts on surrounding properties, address traffic issues and properly reclaim mined areas. Oil and Gas Deposits: As with mineral deposits,oil and gas are primarily regulated by state and federal agencies. The county expects oil and gas exploration and production to be conducted in a manner which minimizes interference with existing surface uses and mitigates the impacts to present and future land uses. APPENDIX: The Appendix contains maps,charts and other data relevant to the plan. It also includes"Weld County's Right to Farm"statement, some definitions, a discussion about the tax limitations of the county, and the sources used to develop the WCCP. to ARTICLE I General Provisions Sec.22-1-10. Definition of Comprehensive Plan. The Weld County Comprehensive Plan,contained in this Chapter,is the document intended to fulfill the master plan requirement pursuant to state law and, in part, to set land use policy pursuant to the Home Rule Charter. The Comprehensive Plan is intended to be used for the general purpose of guiding and accomplishing the coordinated, adjusted and harmonious development of the County. The Plan includes all geographic areas of the County. It establishes policy guidelines for existing and future land use decisions. The Comprehensive Plan was originally developed in 1974,revised in 1987, 1995 and 2002 as outlined in the History of Amendments in this Chapter. Sec.22-1-20. Relationship to planning documents. A. The Comprehensive Plan identifies specific land use goals and policies which are intended to provide guidance and direction for existing and future land use. The basic documents used by the County to carry out the goals and policies of the Comprehensive Plan as contained in this Chapter, are the Intergovernmental Agreements, Zoning and Subdivision Ordinances and the Mixed Use Development and Planned Unit Development Plans, contained in Chapters 19,23,24,26 and 27 of this Code. B. The Intergovernmental Agreements, Chapter 19, illustrate a coordinated planning agreement between the County and various municipalities. C. The Zoning Ordinance,Chapter 23,is a regulatory document. It defines land use application procedures and responsibilities, standards and regulations pertaining to zone districts and overlay districts, nonconformance, enforcement and the Board of Adjustment. /'` D. The Subdivision Ordinance, Chapter 24, is the regulatory document defining regulations and minimum standards for subdivision development,including design standards for facilities,utilities and other improvements. Chapter 24 also explains the procedures for subdividing a parcel of land. E. The Mixed Use Development Plan,Chapter 26,is the regulatory document defining regulations and minimum standards for development in a geographical region of the County. F. The Planned Unit Development Plan,Chapter 27, is a subdivision mechanism used which provides greater flexibility than the Subdivision Ordinance,Chapter 24. G. The Intergovernmental Agreements, Zoning and Subdivision Ordinances, Mixed Use Development 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 22-1-30. Comprehensive plan guiding principles. The Weld County Comprehensive Plan was originally written in 1974 and has been subsequently revised and updated several times. In 2001,a committee made up of Weld County citizens with diverse backgrounds completed the most recent update of the Comprehensive Plan and the following guiding principles were developed by this group as a foundation for land use policy in Weld County. A. Private Property Rights One of the basic principles upon which the United States was founded on and continues to preserve is the right of citizens to own and utilize their property. Private property rights are not unlimited rights but rather rights r 11 balanced with the responsibility of protecting community health and safety. It is the goal of the Comprehensive Plan to express the needs and vision of a developing county,while protecting individual property rights. B. Respect for our Agricultural Tradition Weld County has an agricultural tradition, as reflected by its ranking as one of the richest agricultural producing counties in the nation. Land use changes are occurring and agricultural zoned land is being changed to accommodate residential,commercial and industrial development. As these new land uses evolve,it is important that the established agricultural businesses and associated infrastructures are allowed to continue to operate without additional constraints. Individuals that move into these areas must realize that they will experience conditions and services unlike an urban setting and must be willing to accept this lifestyle. Weld County's"Right-to-Farm"can be found in Appendix 22-E. C. Fairness in the Land Use Change Procedure Weld County has established various regulations for the process of land use change. This process must be fair and equitable to all parties in the following ways: 1. It is a timely process. 2. It is an open process to facilitate public information and input. 3. It provides open communication through the development review process to neighbors and communities most impacted by proposed changes. 4. It maintains consistent requirements within the implementation criteria. 5. It allows easy access to information about the process so affected parties may be adequately educated. 6. It has an established appeal process. 7. It allows for approval when all written criteria of the land use regulations are met. CO d a L t S �5d9i. 2. 1` S i® I:6T 6tt t¢facrhtale ott6 a 161 8 Y. , d m. t 3. It* commiarpcay ti 6 6'6 d 6., .`onment ri4M'•iiiaidi s't aeishbors and �� oliti 6t` acted by ) q;_( 4. [t artstent kegttrram7, ) ) '� entation criteria. 1' � j: tmav be adeouatelv'edtrcatM 5. ft':al�di ea�v access to 636 e6P 6 6 e roroeess sole 6 t ianes*li 6 it IV rt Id Sim I ?ri* p' tr. r 7 t`�'t41s ftmr ands �, b , �,��eria'of the Yaritt ti��i 'shalatitiits are meY and stl3sn�₹t`nat be dente salely`On SUNS 6 Ili(• i,V . D. Recognition of Weld County's Diversity Weld County's 4000 square mile area is diverse, geographically, demographically, culturally, socially and economically. Land use changes therefore must afford flexibility based on the specific location and the particular circumstances encountered within this locality. It is also important to weigh the cumulative impacts that specific land use changes will have. I3. ��Rueecait l i SI 7 4 'I rsity p migat dity540Wypi r ( ti S'+ {` , le0. , tIL`cty therefore must afford flexibllit&''ed's'e!rt}n ttie sq�Zfic locatiotm an byl I4't stareumstanee1 enebut[teiect within this locality. It is also important to weigh the'chiittntlative impacts that streeifie land tine changes will have. 12 E. Regulations Addressing Land Use Changes Land use regulations which address land use changes should be written to protect the public health,welfare, safety, economic as well as social welfare and the rights of private property owner's. a " ' aeiliigtei't lI[ ! 'eement offlie'i Pfi `hesI'and Best Use far th �nbi�at Prom'' [ 7 [ z> I III I[ I' i'^ [ I P,I si [[ _ Landtise reptS s�i lireh addrea4 11 anees s'ikt i� ,e{ ttten so asitohe I. , date the highest and best use as detemvnad:by xg oronertv o e t n l�tm"1u ost'attd best use is₹e `fm'et�a; :Meuse.from among reasoneblYnrobable 41MMativeuses_fottucdtobenhvsicallvnoaat`t'hhe anoronriatelvsttnobrted.•financially feasible.that results in hiehest iaintealue. . .1' F. Economic Prosperity Land use policies should facilitate and compliment a diverse economic prosperity and harmonize with associated growth. Sec.22-1-40. Principal plan components. A. Goals and policies are the two(2)principal components of this Chapter. The goals are expressed as written statements and represent the direction county citizens have selected for the future. Goals were developed and adopted with input from the public, civic organizations,municipalities and agencies of the State and the federal government. The adopted goals of this Chapter provide public officials and private citizens with criteria for making planning decisions. B. The policies contained in this Chapter are expressed as written statements and maps. The written policy statements are specific guidelines for public planning decisions. The policy maps,the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services,graphically identify important wildlife areas,mineral resources and existing and future general land use classifications. The policy statements and maps provide additional background and clarification to the County goal statements. Sec.22-1-50. Planning process. A. The County planning process is designed to provide a consistent review of individual land use matters. The County Staff,Board of Adjustment,Utility Board and Planning Commission are the four(4)groups responsible for processing and evaluating land use applications in the county. The Board of County Commissioners is the group responsible for planning decisions in the county.Chapters 19,22,23,24,26 and 27 of this Code,are the essential documents describing the planning review,decision-making and appeal process. B. The Department of Planning Services welcomes the opportunity to discuss the planning process with interested persons. Most initial discussions and inquiries about the planning process,including land use applications,site plan review procedures and the zone district classifications,begin with the Department of Planning Services. C. When the Department of Planning Services receives a land use application,it is processed and reviewed for compliance with the appropriate sections of this Chapter and Chapters 19,23,24,26 and 27 of this Code. The type of land use application determines the administrative body responsible for review and decision-making. For example, a use by special review application is initially processed by the Department of Planning Services. The planning staff prepares a written recommendation for the applicant and presents that recommendation to the Planning Commission in a public meeting. The Planning Commission reviews the information presented,evaluates any public testimony and formulates a recommendation regarding the land use application. The Planning 13 Commission's recommendation is then forwarded to the Board of County Commissioners. In a public meeting,the Board of County Commissioners reviews the Planning Commission's recommendation, evaluates any public testimony and makes a decision regarding the use by special review application. D. This Chapter and Chapters 19, 23,24,26 and 27 of this Code enable the public to examine the relationship between general land use planning goals and specific policies and regulations to participate in the decision-making process. The planning process combines the interaction of elected officials, and the support staff from the Department of Planning Services and other County departments. E. In order to ensure joint cooperation between citizens and professionals,the County will rely upon the following five(5)principles: 1. The County will encourage citizen participation in the planning process. 2. The County will encourage and promote coordination and cooperation between federal, state and local governmental entities charged with making decisions which significantly affect land uses in unincorporated Weld County. 3. The County will discourage inappropriate development in natural hazard areas and reduce environmental degradation as much as possible. 4. The County will rely in part upon recommendations from referral agencies and professionals,in making recommendations on land use applications. 5. The County will cooperate with the applicant in evaluating the objectives of the applicant and the options available to the applicant while ensuring the health,safety and welfare of County residents. i1ieCo ° it � ii iriiefetral' 'o t "rorofessio I E `° "' erecommen toti3't}j tnduse �1tt00. "P¢e CUSPSw+itJ2 tli� ij'� �jlVe thd'objirtl'e'armlicarit vvhil`e iihe tti hea1±flitdiSafetvofCotin ' arts Sec.22-1-60. 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. A. An overall review and update will be conducted at least every ten(10)years or earlier as directed by the Board of County Commissioners. The update should include an evaluation of the entire Comprehensive Plan as contained in this Chapter. The procedure involved in the update shall include an opportunity for the general public, Department of Planning Services,municipal,state and federal agencies to submit proposed changes and to review and comment on any amendments being considered by the Planning Commission and the Board of County Commissioners. B. Individuals may submit a proposal to amend this Chapter in accordance with the following procedure: 1. Comprehensive Plan amendment proposals shall be considered biannually with a public hearing process beginning in March or September of each year. i-. 2. The petitioner shall pay for the cost of legal publication of the proposed amendment and all land use 14 application fees. 3. A typewritten original and eleven(11)copies of the proposed amendment must be submitted to the Department of Planning Services no later than February 1 or August 1 of each year to be considered for review and public hearings. The following items shall be submitted as part of the proposed amendment: a. A statement describing why the Comprehensive Plan is in need of revision. b. A statement describing how the proposed amendment will be consistent with existing and future goals,policies and needs of the County. 4. In the case of an amendment to the I-25 Mixed Use Development Area Map,the proposed amendment must: a. Demonstrate the proposed inclusion into the Mixed Use Development Area map or codification to the existing land use classification as outlined on the Mixed Use Development Area map,is adjacent to and contiguous with the existing I-25 Mixed Use Development Area Map. b. Describe how the proposed amendment will address the impact on existing or planned service capabilities. This statement shall include how emergency services will be provided to the proposed area. c. Delineate the number of people who will reside in the proposed area. This statement shall include the number of school-aged children and address the cultural and social service provision needs, such as schools,of the proposed population. d. Submit a deed or legal instrument to the Department of Planning Services identifying their interest in the property. e. All significant developments within the MUD area shall be required to prepare a preliminary traffic impact analysis. All traffic analysis information and reports shall be prepared and certified 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. This analysis shall include the following information: 1) Introduction: Describe the proposed development and parameters of the study area. 2) Trip generation: Determine daily and a.m. and p.m.peak-hour trip generation for the proposed development using established rates identified in the Trip Generation Manual published by the Institute of Transportation Engineers or as agreed to by County staff. 3) Trip distribution: Based on assumptions contained in the MUD area traffic analysis or market estimate,describe the anticipated trip distribution patterns for the proposed development. 4) Trip assignment: Based on the projected trip generation,assumed trip distribution and the prevailing roadway network,assign the projected traffic to the intersections and streets within the study area. 5) Any additional information deemed necessary for review. 5. The Department of Planning Services shall, upon submission of a request to amend the Comprehensive Plan: a. Ensure that all application submittal requirements are met prior to initiating any official action. 15 b. Set a Planning Commission hearing date. c. Arrange for legal notice of said hearing to be published one(1)time in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten(10)days prior to the hearing. d. Arrange for a press release regarding the proposed amendment in order to inform as many County citizens and interested parties as possible. e. Prepare a recommendation for consideration by the Planning Commission. 6. The Department of Planning Staffs recommendation shall consider whether: a. The existing Comprehensive Plan is in need of revision as proposed. b. The proposed amendment will be consistent with existing and future goals,policies and needs of the County. c. The proposed amendment has demonstrated that adequate services are available. d. Referral Agency responses have been received. 7. In the case of any amendment to the I-25 Mixed Use Development Area Map: a. The proposed amendment inclusion into the Mixed Use Development Area map or modification to the existing land use classification as outlined on the Mixed Use Development Area map,is adjacent to and contiguous with the existing 1-25 Mixed Use Development Area Map. b. The proposed amendment will address the impact on existing or planned service capabilities including, but not limited to,all utilities infrastructure and transportation systems, and; c. The proposed number of new residents will be adequately served by the social/cultural amenities,such as schools,of the community. 8. The Planning Commission shall hold a public hearing to consider the proposed amendment to the Comprehensive Plan text and maps. The Planning Commission shall recommend approval or denial of the proposed amendment to the Board of County Commissioners. 9. The Planning Commission shall consider the proposed amendment,the Department of Planning Services' recommendation,and any public testimony and determine whether: a. The existing Comprehensive Plan is in need of revision as proposed. b. The proposed amendment will be consistent with existing and future goals,policies and needs of the County. 10. The Board of County Commissioners shall receive the Planning Commission recommendation and planning staff recommendation at a public meeting. Receipt of the recommendation shall constitute the first reading of the Comprehensive Plan ordinance. The second reading of the ordinance shall take place not more than sixty (60)days after receipt of the Planning Commission's recommendation. The Board of County Commissioners may then proceed to a third and final hearing of the Comprehensive Plan ordinance.At the close of the public hearing,the Board of County Commissioners may amend the Comprehensive Plan according to the procedures established in Section 3-14 of the Home Rule Charter. r 16 Cd +t' r i .t"r case ofaal#S�«�y i 'o ( u , #k ftkk 0, #ni I� �i Ss '« II+,,I. ent to )) ixeda , atipmedt 1# aP i�# Ii,€' F t Ii SSS«kf« it + y i f«3£ f m t i + «#iF £ ; a,, The aI n. Omett 1 ';1149' Deis ;,�reainaper ti,d on to the tr�I # ;t i itI i„..,,,..:_: ,,...,,,,,,,„,:;,,,,,,,e,,,,,,,,,„:,:,,, extsUsy ;., a .i llassrfi 'etl 4� I rtlm�d�d d Us t eail� ; latent to 444'4444 4,4 4 an•d coati i1 t i r Yhitbe exist#iii'`€ £ Mixed I, opment ;The proposed amendtent is• r=r inli « 7 ## #S 4tf6il #Iit b „tiro# i 1t 4Iii+ ,I I fl'#4,3=fiii' b eprop,�(' I meat� i ,unpack,# $ #st# orpl e $ eecapabilitiesincludiag, but 1101410 —iiii uti7iti0;, t'tiii'e,#S i nonsysSl% i' ## «Ilij ip y,i,' ii I (t i I#S£€£'i i"• t: # + II III 1 tIIt out (ii II I f$7!'!;0 c•: '9,,:propose a ,# Ii' 'new resiite pl 111l s•iademtiaiet 11p eamythe soeial ait4emptes such as SCbools of th ,o ` 11. The Board of County Commissioners shall consider the proposed amendment,the Planning Commission's recommendation and any public testimony,and determine whether: a. The existing Comprehensive Plan is in need of revision as proposed. b. The proposed amendment will be consistent with existing and future goals,policies and needs of the County. C9 ,t # t Pr. iit # t it«S #{€ -01=9i i+ #,i=+ III= flu t' 11. gard of County c,liralifi 9i.II receive e£ ' ,g Comrmssiori eet�Uruti adation and i 72£ f t#fS#£ tk k « #i£iii #3l iit ons 17 ft') li pam. .„ auo tr .s:, , . Zia ioli#xf datio shatl;e nstitute the first Pu I 3# ,I i n #•d £iE#t k# I I #'t,€ ££Sit`i 1l • i i i attr � i,Iv rehensive ? • . t, ' he sewn ordinance shalt take place it I$IF, 144.4 rt1 + r € 4 !,.7 it i iii=q i i+ not mere 61h I days after recei •'It i I t zing Co � „�g i dad The$oard of Iii,�t•�ii• ( 3Etki li , «i #«I«pII i#ii ( i (I to ' County Cq ?'� line a then Pro•e + ,ease d and f C lI, q�e;Comprehensive Plan ',Ito '« 'I7 r I• ii £ y's £ i€ '+'I) (II« I=,I ordinance g�3�Fp el qk of the pubhc pe FiI e€ oard of Connt? C tohners may amend the Comprel$W4 ,f`£ ti II,ii i I ll' ' it'`-1 I`,sfab1lshed iii e tl N� t I+ i" Iy ordmg to flee p1ir 7$� p, $ e o ,- p the Home Rule Charter. �a s r ' • 4i =(„ i@# - i4i•r«ii teal 12. The o R t ' tt.,, on e¢mpoaed'd o riRt;tti arming Commission's Mc '' _ qtr 'and any p 1 .4 „ P# t tmiue Wtke rl a, The OXi t kIiit al wiii d#e li Iiiia .71'' sd " pY ii+ig 1#+ «t I i ,,_ y u,I'= II {Iit i3 3#i is i£iTII ,qi#i£# itt # qi "i 6.: The propsc4t!, ..l lM.. consistent MatM M g d future goal!,potttr'tepona da ofthe ty, fit. ItI I i t SIS 4!£tt'ii i I l i t# g ii = case oaiYi1. , �t�''�ia�-23'�iki= 'I��� ��tft r`lrea Map: ,,„„,,,,,,,„„„,,,,,i„,,,, np +I i = i'i'i`s'P tit ti£r €+' d 4 1 #IIr# i, ,,i a. The prat}ti'6g a «� a ciusian wtdtl al a gigue°£AYe g#fa#i ko the « t t i ,i li iii) (=S !I ' U wasniagl ono # t Ron,as outoped' I 1pe Developuierw: I titap4 taaapeent to and cautigiioµalI„jut, sbng I,-2 ,M , I + «. , etkPment Area pn e;ii=#'r t('7 r + + I t '( ar ' # J4:. , low.,i i.,+ , +€£ti A,i ti,, Tti Lilo a s� r1�,at fed tt 1 Ittioluding, 19?wt pni . i« € # YNt« `IUi•i t £' f t '4 ii r'f t'>' ifi k' I#t£{ts'ia.(i , • L. £ t''I i7 r 'i,I , unit i• WIa e4itatetf a1 $ it lli: i'dmenities stieh'as 17 Sec.22-1-70. Location. A. The County contains approximately four thousand four(4,004)square miles and is the third largest county in the State. Weld County is twice the size of the state of Delaware. The County is bounded on the west by Larimer and Boulder Counties,on the east by Morgan and Logan Counties,on the south by Adams County and on the north by Wyoming and Nebraska. See Figure 22.1 below. The largest municipality in the County is the City of Greeley, with a 2000 Census population of 76,930 people. The population for the City of Greeley increased 30%between 1990 and 2000(60,454 in 1990). B. The transportation in the County is provided by Interstate 1-25 and Highway 85 for north and south transit, Highway 14 and Highway 52 for east and west transit,Interstate 76 for more easterly travel,and the several Colorado highways which traverse the region,as well as 3,154.55 miles of publicly maintained County roads. The highway and road system in the County is managed,in part,by the Colorado Department of Transportation,the County and the thirty-one(31)municipalities within the County. The County's road system presently consists of six hundred sixty-five (665) miles of paved roads and two thousand four hundred ninety (2,490) miles of gravel roads. In addition,there are currently four hundred eighty-seven(487)miles of state highway system and several hundred miles of municipal roads. C. The County is located in the northeastern portion of the State,in the Great Plains area,approximately forty(40) miles east of the Continental Divide. The County has elevations ranging from four thousand four hundred(4,400) feet above sea level at the egress of the Pawnee Creek to highs of approximately six thousand two hundred(6,200) feet above sea level in the northwestern portion of the County. The County has a number of valuable streams and rivers including: the South Platte,the Cache la Poudre River, St.Vrain Creek,Crow Creek,Thompson River and Kiowa Creek. The larger reservoirs in the County include: Empire, Riverside, Milton, New Windsor, Lower Latham, Black Hollow and Union. Located in the interior of the North American continent,the County experiences Figure 22.1. Locational Map nu'lien i }~l • wide temperature changes from season to season and rapid weather changes due to storms traveling from west to east throughout the region.The average temperature for the month of January is 40 degrees Fahrenheit. The average temperature for the month of July is 90 degrees Fahrenheit. The average rainfall amount is 12 inches and the average annual snow fall is 27 inches.The last day of Spring frost(32 degrees Fahrenheit)is May 11. The first day of Fall frost(32 degrees Fahrenheit)is September 30. The average growing season in the County is 143 days. Sec.22-1-80. County population. A. The population growth rate has been approximately twenty-five percent(25%)per decade,which is more than triple the national average. Between 1990 and 2000, the population increased thirty-seven percent (37%). Approximately seventy-three percent(73%)of the population is located in an eight-hundred-square-mile area in the 18 southwestern part of the County. The 2000 population density for this area is approximately one hundred fifty-nine (159)people per square mile.The population density of this area increased seven percent(7%)from 1990 to 2000. B. In 2000, 180,936 people lived in the County,which represented four and two tenths percent(4.2%)of the total state population in 2000. The median age of County residents in 2000 was thirty and nine-tenths (30.9) years compared with the state median age of thirty-four and three-tenths(34.3). The gender distribution ratio was similar for both the County and the State for this time frame The overall dispersion of the County's population resembles the state population with the exception of the County having proportionally a younger work force. For additional statistics please refer to Appendix 22-A. C. The County population in 2000 was mostly homogeneous with seventy percent(70%)of the County population classified as white, not of Hispanic or Latino origin. Twenty-seven percent (27%) of the County population is classified as persons of Hispanic or Latino origin. The Census 2000 was the first year in which respondents could select multiple-race categories. Refer to Appendix 22-A for additional information regarding these categories. D. Among the sixty-four(64)counties in Colorado,Weld County ranks eighth in total population. The County is classified as an urban county by the Demographic Section of the Colorado Division of Local Government. E. The significance of the County's population growth is its magnitude and distribution. Between 1990 and 2000, the State grew at a rate of thirty and six-tenths percent(30.6). For this same period of time,the County grew by twenty-seven percent(27%),and the nation by thirteen and one-tenths percent(13.1). F. Population growth in the County is projected to average a compounded growth rate of three and sixteen- hundredths percent(3.16%)a year through 2020. This growth rate is nearly double the annual compounded growth rate of one and sixty-one hundredths percent(1.61%) projected for the State. G. A review of the historical and future projections of the population growth in the County reveals a steady increase in the total population every decade from 1900 to 2000,except 1930 to 1940. The population density per square mile increased from four (4) people in 1900 to forty-five and three-tenths (45.3) people in 2000 and is projected by the Colorado Division of Local Government to increase to over eighty-six(86)people per square mile by 2020. H. In 1999,Weld County had a per capita personal income(PCPI)of$22,852. This PCPI ranked 40th in the State, and was 72 percent of the State average,$31,533,and 80 percent of the national average,$28,546. The 1999 PCPI reflected an increase of 4.0 percent from 1998. The 1998-99 State change was 5.6 percent and the national change was 4.5 percent. (U.S.Bureau of Economic Analysis) CO 113€ I ��II po �A41 �7q� 5a iIii i� H Th median household tt�e �(teased from nv ty nsand two hnnd ey „� *025,642.00) �) tFAilStYi S1Jt dollars ($26 236 00)in 1980 to twenty-five thousand six hundred forty-t o llais ($25 642 00)in 42,9(),:,The Census defines a family as two(2)ormorie related people living together b)i blood marriage or adopltut#.'Ahousehold can consist of a single ilttll tlaFamilies have more j ale,thanllo 0,11 1 ,!111*median family income CI (i€ H H �olii ( iii ii t i z i i1 ( �; o. thirty for 1990 increased for ,by b o and seven ten 7 0}to { a� nine hundred i!I ii �iiiti e ii y ! ii t on ) ICE iii ITT dollars($35,930.99);lo�Vev #or t(}e County rt de ttrle percent(1y1a thousand eight hundred i� 1 i {,)a (��ev u ii i� oili E it dollars t$30,800.00). Latver, ,ah R attatnmentl, wtth a tii$1 is 4 ( ersk#lled,younger workers x i6 s�> 11 (i iii 1€1€'M�It a �i' re may explain me disparity be 0 'tU a e and the Co it p` amity income riigur I. According to a 1997 study conducted by Colorado State University, Weld County continues to be an "Agribusiness Important" county, although the degree of agribusiness' importance is falling. Agribusiness Dependent counties are those counties which receive more than 20 percent of total county income from agribusiness industries whereas Agribusiness Important counties receive between 10 and 20 percent of their income from agribusiness industries. In 1992,15.8 percent of Weld county's income was generated from agribusiness industries while in 1997 it fell to 11.6 percent even though agribusiness had increased. This is due to other sectors of the economy growing at higher rates and continued diversification of Weld County's economy. 19 A—, ( i'+t I+ItIiI 4iq ti8ii 11tItI a N a i iltP+ # i'ti0), A'III t Ili a I. Just einedian p, old§izefortheSt '{e`has lip o'er, e $��*'tatwodecades,thel: a household i 4 G II i f! ui t# ! 'i t' i i.ii+t ill a i# household size iiy'II it#�t 'Contra, 4i,fei ti I a) ai,! it ii i t' i iii of 2.7 followed state trends'I' Coun 1990 overal i'median house size of 2l 8 grew slightly;however,the owner-household size decreased to a tti tii househ4 II„ of 2.5 pe Qns. The Economy are those aspects of a society which are involved in the employment of scarce productive resources, the production of various commodities,the provision of services,and their distribution about various people and groups.Within the region,the"Economy"is another word to describe the interaction of all the Elements: People, Resources,Systems and the Rest of the World. We are able to evaluate their size or impact by looking at: 1. Employment and Income in Basic Industries. 2. Employment and Income in Indirect Basic Industries and Local Resident Service Industries. The Economic Base Analysis for Weld County may be found in Appendix 22A. 014,1 a etoi'i 0i4,'( runt i+' t+4 jailde'44 + Ctt i 414 4lil4iiun n! p 4er €,w iv i, J. t`s#oncally,I # �i�t}}hasbC4trdanagtic {imty hpW It eI940census,lgssthanforty percent(40%)of the aunty was classic} etas agricultural ''I] o census purpos 'elBureau defined a farm or agricultural unit as and place from wlel}', 1,000 or me II cultural prq x,ere produced and sold, or '�I'I; iip ti i 41I �1i 1I i ib yi !, II (I normally would' Ui,been sold,•d # he census yoga aunty I' ssified by Colorado �5tate 'I II i� t!'', !t ! 1ii+ +s1, 1 , . Universi and 1 I I� { t # !II't i. iI I I ty � i� '��radODe�. ,aa t a� CldtnCe$� ii) + theelewe�y� �1 isli�itantaebtltl�ie5nithe # I� + 1 !a ie !i .P 111f, a I la #.) iri I: , State;that is,ten lea tt X10°fo)to twetl u � 0%)of �I and pra rl a derived froth II ih, ,s.-441,340 iii a i N i4i i Iiiti h i !. it I) I 4...., ,,„:„...H• 71Mi tyhas a t) economic b e oeconomic acts es to be agriculture: i � � Rii +I # ( Ik.di t II The base'is' a ced by�xia•ld,, +al, Thq 'i f tam f ' q 9'L. ninety-eight hundredths ercent i# �a mlo rim Dar; t ty (I � ! ( p at p � of Pe tot , , b � fi2'4:1041 the goo** g�1 93 unemploymbn# hie,of five and ! t i. S ' u # it #s Igl io.. IIt, U t'. . . six-tenths pua�'reI� t` �b�: See A endtc 2-C and 22 T.}for�'xt tandiise acfeago o�municipahhes and population Fly i1cipality. 20 ARTICLE II f"- Land Use Categories Sec. 22-2-10. Foundations of existing land use. A. The way land is presently used is one of the most important considerations in land use planning. Most existing development continues into the future and has a strong influence on the pattern of development and land use in the County. The existing land use pattern has been created through the process of early settlement and economic development. From the beginning of settlement in the County,economic activities have centered on agriculture. Trade centers were established to provide goods and services to those engaged in farming activities. Transportation routes and facilities were developed to move goods and people,and to facilitate economic development. CO' Bast de i+4c fi i +t to ps II Itas be a yati ( lh tterns. Gene atIV ti si tt a .Pwestern no „ern and da�4e��� � � �e Co �h,I� s aeen llttia;t} t" �{ �in the�sc��} ) , ` Itt t �, 'est. ti'=.r {tt n portions of the t*.o a eu rlv in thee o 0Joi distweenl'l}2 't ¢yl, ltway 85.`kro'ki ii,as heen very rant¢. Most of t10. t is,{associated with 's :ve annexation p11 'ller towns. reachme but to the highways to cantata pa" .a lal eo°{ ,vial and ndu�tat'u� which willlboos'�t their tax bases. A good nap of the residential erowth is from�neon�` ,seeking more affordablee` ,ou i ng and a smallerito+it eKW Vow 'nvironment.even though they commute to the emniovment'centers around the Denyer/Bo lder Metro area. Irt the unincorporated areas of Weld County.some large lot dei el=ooment has occurred i " '' ' wtfi corridor as'w{ell ln' to other areas of the County.offering a different iS Lnilutet'tor those who wantia 'IP, 1r'al lifestyle and aile's's crowded place to live. B. Increases in urban type uses will bring about decreases in the land area dedicated for farmland.The percentage of urban type use is not as significant as the pattern of use. A dispersed pattern of urban type land uses make large- scale agricultural operations difficult and is often costly to provide services to dispersed developments. � t ' itt+ e {t Iie t+ 4 4� r ill t { t�7 { t # �t i Ii•. B.Even w th lliiii It ti ilttowth of*Meth total laud uses xv land use in the Ti ( { ti 3 Ii ii A t c d # t County„Colt ,,�t f toareas`of most intense i ensures are the, -„ afo t athave the best imeated 6t7''c t c {ittti t= fit t" i farnilands!Cnneyrreltt with these facts is o tkrtitNar`i lture economy tharrrlait`si!it�attcacttve to many landowners to sell theirarioner v'lforiilettelo ament. C. Throughout the history of the County,population and economic growth required the development of previously undeveloped land. Future growth will require continued urban land area expansion within municipal urban growth boundary areas,as well as amounts of rural area development.Much of this expansion will,as it has in the past, require the conversion of land categorized as farmland to urban uses. The intent of efficient land use planning in the County is to,when possible,minimize the impact of development on agricultural lands. CO Sts Cfactors.tand others all comtb' e oIIcrE x a conflict be legal noire to supportorIb agricult artei the economic e pressures on th landowners,'t'ito develop their aeiiculttis t` ds. ' 'As the economy ofEColorado continues to advance.it is likely tliat the conversion of agricultural laf ds to more urbanized uses will also continue. D. Over the last decade,Weld County has experienced a variety of growth patterns. Generally, in the northern and eastern regions of the County,there has been little or slow growth. In the southern and western portions of the County,particularly in the corridor along and between I-25 and Highway 85, growth has been very rapid. Most of this growth is associated with aggressive annexations by smaller towns,reaching out to the highways to capture potential commercial and industrial users,which will boost their tax bases. A good part of the residential growth is from people seeking more affordable housing and a smaller town environment,even though they commute to the employment centers around the Denver/Boulder Metro area. In the unincorporated areas of Weld County,some 19 large lot development has occurred in the growth corridor,as well as in the other areas of the County,offering a e--1/4 different product for those who want a more rural lifestyle and a less crowded place to live. E. Agricultural land use remains the predominant land use in the County despite increased growth and a significant increase in the number and size of annexations. Coincidentally,the areas of most intense growth pressures are the same areas that have the best irrigated farmlands. F. These factors, and others,all combine to create a conflict between the desire to support agriculture and the economic pressures on the landowners to develop their agricultural lands. As the economy of Colorado continues to advance, it is likely that the conversion of agricultural lands to more urbanized uses will also continue. Sec. 22-2-20 Foundations of future land use. A. Through the comprehensive planning process, all types of costs associated with development (including economic and environmental) can be reviewed. An urbanization pattern created without knowledge of future surrounding land uses is likely to lack some essential ingredients of long-term desirability. Without preparation for future land use patterns,it is difficult to anticipate locations for schools,parks and traffic circulation systems that will not require additional improvements each time someone decides to develop. The costs of such additional improvements and the limitations of existing improvements lessen the development opportunities for adjacent landowners. This Chapter promotes controlled or orderly urban expansion in relation to the existing and future land use patterns and establishes minimum guidelines for urban type growth within the County. �� t t " ' t inn rat 4 ltlr it to i' r A. It' eted that tli�1� of t3oyUt�t���leati#"trade a e �`�ni Sect�� 'jib. Existing Lane ties. ti i' t•1 {tt ( I� (5 Since€4. 1t t,direC oK,,,, `, ,c economicail 1t1OPs of ,P1 to the rate.iiii: tit somewhat roenable: 4 4 I�I44' Ii 11G but.it is acknowledged that mt}i���i�the ouahtt+and�� o�ere!5�#lt�is�irsmortan#to ene stistainability of the economy.as we'l`thil't)4e ouali#v of� for'Weld Coitri&Oitiz ` B. Urban sprawl develops when an orderly pattern for growth and development cannot be achieved. Higher costs are incurred both initially and ultimately in providing public services to a sprawl growth area. Often, scattered development requires the extension of services through undeveloped areas. Extension of services through these undeveloped areas creates an under-utilization of services,which contributes to higher service costs for all County citizens.In addition to the economic considerations associated with urban development patterns,there is also the problem of competition and conflict between urban and rural land use interests. All of the thirty-one (31) municipalities in the County are surrounded by farmland. As urban areas continue to expand,these resource lands are either directly converted to urban uses or are adversely influenced due to inherent conflicts between rural and urban activities. CO 4 " r . It 3 ! { (lilt,{EIt Irat cttt ' t tPt o ,t E { i enreP lint 13. a t�teyt�� �'ae�t�tnitetob� ��t�1�`Canteoaldt e�ounty.Hq��'� i��xenressurestocotivert 4I r{ t 1 e rt (t ttr turn itn ar t ii i apnetil fila`Hands to iitor'iii writ conttgnr, ,tat orate moil'git rre lands from`Y aricttlt»'rat nmductto6 Most Ii n�i e n ) in e till p o { i of these lands will� tad into mtmienti �' leaving Well l�o' it� s jurisdiction�owever.other lend�will u i t t r t_ Ian) t l uit t o nit t iii t i t remain in the Cotn'}t�ty sdretton and rna Mutable for de,�elodment atthrnrU�t a't a3 hiss intense scale 'Lxnds further out ant?Vag lands which lie'oj itir e'of the areas of jgrowth nressuresiwilf most likely remain as nredominatelvierte��� �����r�e.iG,iven this futitrelaiidusescenario,Iitiisi'l'octantthatth'eCotiirtvemnlovthefollowing smar#t..growth. =aiiia3`3�i�tQement'tools: ,{ F�' I. ('gonerattittt„} t Y tt.}ediimi je it ttnrilon a i� ddevelon�{_ent. tll urban and rural. t., .`� � �^W"F 4� 9 t4!AN� Im'�ttk�, �A(� ie{� i t�1R�FJ55ti„ r�l ' T is cooperation nroa "Itt ortumt conflicts and moetthon.and enc rages,mutual appreciation of the tt�et,ofb tin . Y. Worklljitht`ithei{m n noioalitiiesiiin the{Cor n tty th'lo l M iei'tnnetitai at t` ents and urb'ait J W 20 i 4 tI� ') i4flA !t� I� I} {�tl '� t��+" tk,' t� III I ( '.I) q � �' t ( (ii bo'akndines `Y aras'ai,*l ualit it ildevelti,� >S uharl#i1 I0f4e an, ' i transrtioityibetween #die "" c .]a.5! a L tlrP.,.StS Tbadc i )it water.and drai#} �Btc st I war®` ei . t i o " ico mum ipahty. Also; the ext a�t on o i zaa "'and aid, I ` a)lan®. {y*rea4 .1114y isstt 's'tar the a - . d owner as welt iis'the stYl ittsion 't aft. Tt ilk " rtaittk of these It.!•( ids are rI h4i xed (addressed 'Itirav i l'iat "'(land "i i'tt urban �dtwt>>ib�` '�kiifa !I{1 I� in„� ,n 'Yte t ! 'a of ` i t ≥a`tiitkkI�ltv'o Iikelbtt ' X11 d THa1 a a d of " mttit�I ad I thWIt &: i,pt+^# G '� 'y°fi ti '" I PtUhlI+i'x '4,�'Ei:ea tlfalna.QeM'4'`$ft'GS.ex'tetS '.i I, etlan e; k'¶.h� ,�i ¶e m tsi3 •i!'#at'ion' � F � 'i L7Ves a k 1A v I'S"n' a�t}ttisit l to d; CY'"tk�� , iuu`c� likas tt�"oilgigbyt I1e51kkINIia G"" " 5. t'aet 'b1tativadu ` k'jailicekIitat� at'doltt {Ierat'tiurddnsiti!'�he': tr lY;ki� tfllrll�p�[n@t®anira9il@Inf60 4 cn ".� c. te4ingitb6llt'li:!'wed'''aaferifia# Feld # Iu coma C. The provision of infrastructure such as transportation systems,sewage disposal,water systems, for example are important aspects to consider during the planning stages of development. The capacity of planned and future infrastructure shall be evaluated on a site-specific basis. The impact to the surrounding area shall also be considered. it tEG ,loll II (I�� itM'n YtSIt i tq S St Efi II:#I I'll iiiil P+t6'�tt� ¢ ne .._ � otrt herl � ata� Itt�iesltta �rowthv�ariadement #Dots as d 's A�' d.fiS II�a'1td;'use$"lilt� }ai�a'Gorta� k�. 1�resut"'tit; (4mitat'i kj ' :t t�:ca` `eit5 f l� i� tti itur afe 21 ill 1:, 'V'e17t gttagYYl jlbk₹�''YS' Y Y6alittiii weir YV' C'Y'�gi'it it dil Yiaec''d�Yrti siaigi 3'. A''Alaiiiliiie" iiegtsnaiii afd aitiY'a}iYYIIiiittiii Yala's a`na iii''av bt 1 iall'Coiiiii6 4. nil "i aifi 'Yj iYties'' t. iie'l6;iiiiiiiaiiid,4)11. i iiii'ye oai1'616Y't p: if,'ji iljki i i ;a aki j Iif II k t! iiii ' (!n, la ;t".' dkni 5. is atltii,�aeYt wt�`YltiiYt,Ytalt thel�Y�nees �atjaie occt�i�r'itie:bdfi i't•ttitll allow YYte citizerii to manade these chances so Weld County will continne'to be a teat alace to live. D. Weld County recognizes the need to accommodate future well-planned growth,and shall take action to insure that expanded basic services such as transportation,fire and police protection,for example,will adequately service additional growth. Current basic services should be re-evaluated as to necessity, cost, innovative funding and flexibility in diverse areas of the county. is i ' f jk'ia' tIISi If"x'ki ili iii II t! ( { !t ti II i k III ' tS' t! It"I 61' tonsid d�fYtrth'ai�t��t�ettoniit�di�tt�rtvva�iiYiYtYtev'tii�d�;fl'verta�',�'tstnctssYiaYY''beciventoYandsunder tin ig( S kSn k aaii t o t t II II ttn'! deve]oamente¢nstderatid�!1Constdgtr�{tonofthe teetiont��'d}�Iltfe sad`iandwejfaiofthepresent and future II I!I II (ItI 'i III( tell II, III citizens of the County; be givect}'}?i<iten lankliI eeted b iJ dde various tiverlay Disinets are under development considerai$ Theii v'ertayDts tt't 'includ'etYitj*tf( ort lifavDistmo ffieGeoloy'dealHazard©verlavDistrict, and the Flood Plain tbverlau l7 iaGict.FitrtlaaN defmitlbri`la' these diiiildts are aro'Ftided in Chanter 23, 1if' k(k i t 2 Ii f II it (3 ( k NI i tifi itf `6 1. Area�ar�+�id''yorised iY'��Yi��ihne st{�' t cdtldt',,��am bYi ���elen '�Idtat obsttyCi or are hazar'dohs to ceYiatn�types oftt�a anme>ft11 I I ese ah4xt�,�iffalementilltdiitnde flb$51 Blain crinca`l wildlife habitat �inii ktI (I it),t(},i(}t{(ii lu tkflll ttnft n areas I atlutfer rechar�a j.. anan�F�r tono,�aja�i��' 'constra i�and titiie,�smulaz uilubttingelements: it t t. f ift k{ 1 t t 4 i i t II Althought�esesttescan factors whta'lilmutc esd a�ialonmen Ctlt'eseareasarenevertheless ( it t tt t It 4 YI�i usable forac�tigultural�trQ�nction rani opalae�l�'vtesandP�'�d,('o4other£}i�ctionsthatgannotdamaee i.I Pelee k'leil AI a41ti%i` n jnn at e ,.,� or be �ansaeed b�die,�bnstrau}m astte facto ii ese III I I ,n � � aa�� can also enhance the character of the umncgtnolrated area oftiie Cann li royal sqrrtdoxs it'tjSt) Is and Wildlife.and.for the protection of nani±dl resouTeeij"nlnunnnt�an litihit8 'and nK'' ilieafnr0iti 9"Rill to thfei'Ydentity of itia County areasl. it l k qtt t i it eii itipi'u i t, ii c a i t' n9ik 2. ddest�a �haviiie�t�esitet"aeIpreana'r� r:',::!8efind'b�t�}cone hundred-vearfloodplain 'o !f "t f i","''.'at I t III at ) Innini Iita ni ti ( sliefined}Yyi Floo ceRata) atxslwhih' nsgsa axunatel� fonrandthirtyseven tk t tiu" k ( kClii Si ltli a raft X nil ij,6i i ii tliit (iiI Iiku ti, iaita, . Ilinui,:::. , i t t43„, 71f.4,e C. kat imaiall,I tional'4a I ntatrYinb }]thit�stte ac,„,ii nI9 tiiAi ei to t i t it iI IIj i ti) k . Ala Iii located alit,i lfOgation pd'ditelt rya adlae' $ io lakes!i ,the maxli'it}ynfextentprahcal, ,tit Ssinn i ii{ l; ui ( P,'k'akfl 0 tk 4l iflui ti9III develoomentvrttlt}n areas ha �']tmthn�ajte4;i's'e�fors sii��`�te located tr}�'ureserve t6a nanual features of II in • i t ifiRga' t!' ii II iii h i It tha site.to aJisid�azeas df entiironmenhal sa}iiatiatfv.adit ItblltnttiimizelSEtaaahve imo'acas and alteration df nalefeaturdelil 8t fO3141iiii t f� 88 kn t f 4 ap i ,ii lit ti n flfi t6iin'f= n lntn Ij!ap 3. 1 i by to tp t'pii clod.. .. be tshedl!u ( d Tian tii r of the'! i tYi of the Site ]bieation.or "'tad'e t i .hv,IL II I t�t tt=aimrba r"iI t' iIFEM''.461iiiiiit n}I 6 va' Pa or a�tlta�ran of Flo'o'd in'stirance. }1 "' a ti S uli.'lPnil r g"tit''! Millar i II il'u t S94@'III a fie if(I aiti" tfi'ntta n' ii 17ori�C��s��rtamentY aaold t�'zardj Yi�davti`#V�i�1'>ihould iib6�uYtthe anat4inrYate Section of Cha illitil iai watt' ICY"n"tactliii II '"ktat' GeaYd iiI 'nrvevul'' fn iiitt ti jilt nikn t'tn 1't i iiitAt Inn aft i ii , tt t i t t =a la;f j i'fmplitan c tnjtjfi i 9. 17'ol��'s��Yoatn�� a Airty+ �'�drla�"�� �11 Yand4W5'�1 F i�kt bulett4Yt`��uY#'4he ai�t$bbrtaYe Sectii,`n bf ClitWea123aRr Yiffi"tI'eontaaTiiirgiCreelev`''ad11Ci ,GiV!!fj iati'6t. E. It is expected that the pattern of growth will continue as described in Section 22-2-10,Existing Land Uses. Since growth is directly related to the economic conditions of the State,the rate of growth is somewhat variable; but, it is acknowledged that managing the quality and pattern of growth is important to the sustainability of the economy,as well as the quality of life for Weld County citizens. r'' 22 F. Supporting agriculture will continue to be a significant goal of Weld County. However, the pressures to convert agricultural lands to other uses will continue to eliminate more and more lands from agricultural production. Most of these lands will be annexed into municipalities leaving Weld County's land use jurisdiction;however other lands in the County's jurisdiction may be suitable for less intensive development Lands further out and those lands which lie outside of the areas of growth pressures will most likely retain predominately agriculture uses. Given this future land use scenario,it is important that the County employ the following smart growth management tools: 1. Cooperation shall be encouraged between agricultural operations and development,both urban and rural. This cooperation provides the opportunity to reduce conflicts and competition, and encourages mutual appreciation of the vital importance of both entities. 2. Work with the municipalities in the County through Intergovernmental Agreements and urban growth boundaries to address the quality of developments, particularly in the areas of transition between the municipalities and the County. Emphasis should be placed on infrastructure such as roads,sewer,water,and drainage,etc.,so all parties are aware of the impacts that may be felt by the County and municipality. Also, the expansion of urbanization in and around agricultural land uses creates many issues for the ag-land owner as well as the subdivision resident. It is important that these issues are recognized and addressed. 3. Accommodate development of lands outside of municipalities which may include land within urban growth boundaries if: a. The impacts of such development are adequately addressed; b. The infrastructure is capable of handling the intensity of the developments; c. The pattern of development is compatible with the region. 4. Encourage the conservation of agricultural lands as well as significant geographic areas(i.e.rivers,major drainage-ways,jurisdictional wetlands,etc.)through the implementation of voluntary incentives such as: a. Open space acquisitions. b. Conservation easements. c. Transfer of development rights. d. Other innovative and creative techniques such as,but not limited to, those made by the Agriculture Study Committee. 5. Support agriculture by adopting policies and regulations that do not create regulatory burdens on the agricultural producer. 6. Promote quality planning that is: a. Sensitive to the surrounding land uses. b. Respectful of the natural environment. c. Protective of the health,welfare and safety of the citizens of Weld County. d. Regionally linked i.e.by roadways and trails. 23 e. Cognizant of incorporating progressive planning concepts creating an aesthetically pleasing and "'/ functionally livable community G. By following the Guiding Principles of the Comprehensive Plan and applying smart growth concepts future land uses in Weld County will result in: 1. Urban growth occurring where it is appropriate as determined through the land use application process. 2. Agriculture will be supported and continue to be a mainstay of the County. 3. All land uses being considered with an eye on quality. 4. This approach will not halt the changes that are occurring,but it will allow the citizens to manage these changes so Weld County will continue to be a great place to live. H. Consideration for the protection of property values in the various Overlay Districts shall be given to lands under development consideration. Consideration of the protection of the life,safety and welfare of the present and future citizens of the County shall be given when lands affected by the various Overlay Districts are under development consideration. These Overlay Districts include the Airport Overlay District,the Geological Hazard Overlay District and the Flood Plain Overlay District.Further definition of these districts are provided in Chapter 23. 1. Areas comprised of limiting site factors contain certain physical elements that obstruct or are hazardous to certain types of development. These physical elements include flood plain,critical wildlife habitat areas, aquifer recharge, riparian areas, topographical constraints and other similar inhibiting elements. Although these sites contain factors which limit certain types of development,these areas are nevertheless usable for agricultural production,recreational activities and parks,or other functions that cannot damage or be damaged by the constraining site factors. These areas can also enhance the character of the unincorporated areas of the County by providing corridors for trails and wildlife, and for the protection of natural resources, riparian habitats and natural features essential to the identity of these county areas. 2. Land designated as having limiting site factors are primarily defined by the one-hundred-year flood plain (as defined by FEMA Flood Insurance Rate Maps) which comprises approximately four and thirty-seven hundredths percent(4.37%)of the County land mass. Additional land containing limiting site factors is located along irrigation canals and ditches and adjacent to lakes. To the maximum extent practical,development within areas having limiting site factors shall be located to preserve the natural features of the site,to avoid areas of environmental sensitivity,and to minimize negative impacts and alteration of natural features. 3. Development in the flood plain may be accomplished through engineering of the site, site location, or structure or by gaining approval from FEMA and/or acquisition of Flood Insurance. 4. For development in the Geological Hazard Area, landowners should consult the appropriate section of Chapter 23 as well as contact the State of Colorado Geological Survey Section. 5. For development in the Airport Overlay Area, landowners should consult the appropriate section of Chapter 23 as well as contact the Greeley/Weld County Airport Authority. Land Use Categories Sec. 22-2-30. Agriculture. A. Weld County consistently ranks among the top five counties in the nation in terms of receipts for agricultural 24 products by the Census of Agriculture since 1964. The County is one of the most productive agricultural counties r- in the State,and accounts for five and eighty-seven hundredths percent (5.87%)of the State's thirty-two million (32,000,000)acres of land in farms. The soil,topography and irrigation system support this extensive agricultural industry. The County's significant amount of irrigated and non-irrigated farmland produces a wide variety of crops. The State and County witnessed a decline in the number of acres devoted to the farming industry since the 1992 Census of Agriculture. Weld County experienced a decrease of eight percent(8%),double the State's decrease in loss of acres devoted to the farming industry. The number of full time farms also decreased nine percent(9%) from one thousand eight hundred seventy(1,870)farms in 1992 to one thousand six hundred ninety-eight(1,698) in 1997. This decrease was double the decrease witnessed at the State level. The market value of agricultural products sold in the County increased nine percent(9%)to more than one billion dollars($1,286,636,000)in the 1992 to 1997 time frame. The overall impact of agri-business in Weld County,including income and gross sales, is$3.9 billion annually. CO MI 0o 4ris I�«rvy the I st agr4., Illy tii i i, t ,Io «i e n4I g p * of � as i firms 43 iiveC � n. e the Census45% IIculnnks amon the to fl i4, U nues k trati o is f ill 4 4 t Ii 4 'HU , ductsb nos .....o Agriculture since 1964 The County is one of the t produ agricultural counties in the State,and accounts for five and eighty-seven hundredthSi ent ( /u)of th e's omit ii 302,609 I d � � t�, � ,��)acres of la,�d in farms. The soil,topo phyanirrigation suppthis extensive agriculturalIindus . TheCoun ssignificantamount ofirrigaie dri gatedf hg ad SS wide, 4 tyOtoi 'Hys The rtdCouti'Coon, adecline in the number of acre devote t, 'I''the f ' dus ce the',19 2 Censuslof Agriculture. Weld County experienced aldecrease o I�eight p c' (8%}r 5'bie the S t s decrease in loss f'acres devoted to the fanning i�4 io �i industry Then pF t also i' ase� percent(9°/u)from9P4thousand t iundreds.crPtY (1,870'farms in1 I, Ito one :40:41' dred ' fight,(,,4 )m 19197�'i is dee 44 was double the decrease wyitnes the Sta n 1 The et v�t cut roduc the G ,44C0'� 4 ?increasednine percent(9%)to more thane 4`, lion doll i ' 1,286,6 6 D9).4.;. a p992 to 1 ,IRorie frame.1'IThe overall impact iI s i I) I . }III II ki , ofagri-businessulWeldColhyR:uaclucliki . 'ome4 sssatei,slS .9b 'ntalunnually. B. Crops produced in the County are onions, sugar beets,pinto beans, potatoes, corn, alfalfa, wheat, carrots, barley and sorghum,in addition to other specialty crops. Many of the feed crops are utilized locally by the livestock industry. For example,most of the corn grown in the area,both silage and grain,is used for feed at commercial feedlots,farm feedlots and dairies. Significant numbers of sheep,swine and turkeys also use the feed crops from the area. A summer fallowing rotation program is practiced on the non-irrigated farmland. Summer fallowing is necessary to store enough moisture for sustained high yields. C. Water is delivered to farmland through some of the largest and most complex reservoir and irrigation ditch systems in the world.One of a number of influencing systems is the Colorado-Big Thompson project,which makes water available from the State's Western Slope. In addition,shallow and deep wells made possible by the existence of deep broad aquifers are productive sources of irrigation water. The development of these resources and features has made agriculture an important industry in the County since the founding of the Greeley Union Colony in 1870. Sec.22-2-40. Agricultural industry and benefits. A. The agricultural industry in the County is a complete farm and food system. This system begins with growing and raising farm produce and ends as a product ready for purchase by consumers after it has been processed and transported to the marketplace. B. The following have a role in the County's farm and food system: 1. There are approximately three thousand(3000)operators of livestock,poultry,vegetable,fruit,nursery and grain farms located in the County. r 25 2. Nearly half of the County's farmers listed farming as their secondary occupation according to the 1997 Census of Agriculture. This figure is higher than the 1992 Census of Agriculture which identified one-third of the County's farmers listing farming as their secondary occupation. 3. Those who offer farm-related products and services. Examples of these local industries are fertilizer and chemical product companies,suppliers of feed(grain,livestock and poultry),implement dealers,energy and petroleum product companies,well,pump and irrigation companies,veterinarians,aerial crop sprayers,farm laborers,commercial lending institutions,insurance and transportation industries. 4. Those who purchase products grown and raised on farms for manufacturing,processing and distribution. Examples of these local industries are meat,egg,dairy and vegetable processing and distributing facilities,and bakeries. 5. Grocery stores and other food retailers. 6. Restaurant and other food catering businesses. C. The agricultural industry is an important element in the County economy. The market value of agricultural products and the chain of purchases related to agricultural production contributes significantly to the County's economy. Every dollar that the farmer spends to increase agricultural production creates additional dollars spent on activities related to production. For example,activities such as livestock processing will require purchases of feeder cattle,breeding stock, feed,water,machinery,fuel,labor,transportation,government services and capital (banks and savings and loans). D. Food processing and related products contribute significantly to the manufacturing economy of the County. There are additional impacts to other areas of the economy,such as retail and wholesale trade and transportation services. E. Agricultural lands help maintain a sense of rural identity and diversity. These lands allow communities to maintain separate identities,at the same time conserving productive farmland. While crop lands in the agricultural district also provide relatively open landscapes,they are privately owned. Unlike urban open space areas,public access to these lands is not allowed. These lands are not guaranteed to remain traditional agricultural lands,but can be converted by the individual land owner to other uses through the appropriate land use process. F. As a secondary benefit,agricultural land use helps to maintain natural systems and natural processes. These may include the preservation of wetlands,small watersheds,aquifer recharge areas,flood plains and special wildlife habitats. Sec.22-2-50. Concerns of farming as an industry. A. Most of the County's first citizens were engaged in farming activities. During this time,it was necessary for farming operations and the community to be in close proximity. Because of these settlement patterns of the County's first citizens, and because these areas have proven attractive as sites for expanding communities,some of the most highly productive agricultural land borders urban population centers. As municipalities continue to grow, their expansion encroaches on farm operations. According to (2001) statistics provided by the state demographer,the population in the County is expected to double from 2000 to 2020(2000 population of 181,931 to 2020 projected population of 344,774), indicating that the competition for land and water will continue. i. a 3. IiI�� i1 t {£P �i�i�£5it II SE tktl„£ A Iii Si t££Ii+££ii l 'i i it Its. II A 1 COttt4 CIt7 erLS £e no,gaged aC yyti � Dnring l{71$ g'type It was necessary fot fanning OP' apgns and thI, I,,. uni t& dl closes k k£ a ty. Be4aise,of then '�s3C ement patterns of the County's first citizens,'add tb ruse then Ia1 ave pro„ ttractiv4 sites for ea�satrdtng communities,some r 26 t BH411pro vea }4 al I1pd 6tEbanpopi tii�ii trs. ii �iici }>IGI� Y D � �aY1+h`�al latft��uroers pij{� of the most r I i ₹po �tton cent�� As municipalities continue to 4Y � tf lX. I lIi .--. grow, their expansion encroaches'on farm op do oi#,fccor}�gi (2001) statistics provided by the state demographer)the population in the county is'exp cted to double from 90 to 202'0 2000 population of 181,931 to 2020 projected populatiott of 344'074),indicating that thcompetition for laud,and'water wi 1 continue. B. The pressure to use land for other than agricultural purposes is the result of complex private and public decisions. Residential and commercial development,and the associated infrastructure to service the development, are examples of uses which have a powerful impact on whether or not agricultural land will be converted to other uses. C. Both perceived and real conflicts between agricultural uses and non-agricultural uses can impact the agricultural industry. Agricultural operations want non-agricultural uses to recognize normal agricultural practices in their area,and in turn,the agricultural uses will recognize the non-agricultural. Residents of Weld County should be encouraged to read and understand the intent of the adopted Right to Farm.Tension between fanning and non- farming uses is occurring from restrictions on normal farming practices in areas encroached upon by residential, commercial and industrial uses. Many of the problems stem from unrealistic expectations and a misunderstanding of agricultural production by those seeking a rural lifestyle. CQ '}}I 14,11411'04,t 1'(Y Y �t ItJ`= }Y4}Y'14' 4 4Y Ni �;i z4ii �.( C. erce s be e ncul u es atld} � ncul uses can impact the r:u YY 4, }II, I, . agrtc'altitralu ,•gnutl;� } peratzg:, non-a ,' 'Ise, ,Ij�ff,.�:1.?,er! "3 culft#P, otices in their area, and n tun the g cultural u,, i tl recognize the non 'utturalResidents of Weld County should be encouraged,tol,read and'understand the intent of the adopted'Right to;Farm.Tension between farming III 4;sa > n t and notgarniing uses;ta,*Cturin restrictions'op}normal fanning practices in areas encroached upon by i III (. ui t residential,commerc�,s'wttd mdustgai,ttses. D. It is important that County representatives and officials recognize their role in reducing the conflicts between agricultural uses and residential, commercial and industrial uses.Consistent interpretation and administration of this Chapter and Chapters 19, 23, 24, 26 and 27 of this Code will help in reduction of conflicts. Using these documents to make consistent land use decisions,reinforces their usefulness as an information and decision-making tool on land use decisions made by private parties,as well as public officials. E. Irrigation is an important component of agriculture in the County. There is a vast array of channels and water conveyance structures within the irrigated portion of the County,which facilitates irrigation. It is important to understand that ditch and reservoir companies have established legal rights that allow them to operate. Ditch easements may be recorded but many easements are established by use,since most ditches have been in existence well in excess of one hundred years. Landowners adjacent to ditches must be aware that these areas require access for cleaning(removal of silt),burning of weeds,and general maintenance. Irrigation companies are not responsible for normal seepage from ditches,as long as the general operation of the ditch is not negligent,and consistent with historic use. F. The practice of agriculture, and lands used for agriculture, are important facets of Weld County, both historically and currently. Lands used for agricultural purposes appear to be undeveloped open lands,but are in fact privately owned businesses. These agricultural lands serve a public purpose by often providing for the protection of environmentally sensitive lands,agricultural practices,and scenic areas or corridors. Privately owned land used for agricultural purposes may be converted to another use in accordance with State and County land use regulations. II k t i ,)iYtYii'II 1 i14 11 iri ' Him 1 ' f Hfi t fl t ii of F. Y gtice a{i ' e;attt 3l k ed for X10' 1 aid«t t fac t iii court >13�ttit historical) d cur en t4 } used fortagri`' } 'appear*, "" v to ed o ds.but arein ct privately ;'I 4'busineesses. esea c' �a}l dsse e . 4 e np I„ i ngn p .. €sn gri )ic p;'''''':':.+ hyi'Often rnxit ""ag for the rotedaon 27 l Ii tHw', 0t dill, 4 tp ISI 4 { Ins X7 ipi M w� t! j4 „t ii'IPa i, of �I i } a Vr ( f lots: Iausedfdra taEMiural PhPosO.Inay ev0tp ijr ed d y r Y{t: Sec.22-2-60. Prime farmland definition. The availability of a consistent supply of clean water must exist in order to have prime farmland. Prime and prime if irrigated lands fall into upper capability classes as defined by the Natural Resource Conservation Service and Colorado State University Cooperative Extension Service and should be protected if irrigation water is available and they are located within a reasonable distance of water delivery structures. Sec.22-2-70. Nonprime farmland definition. A. Nonprime farmland is low capability land that is not as productive as prime farmland for food production. It may be composed of poorer soils prone to erosion or may have topographical limitations such as slopes or gullies. B. County agricultural goals and policies have been developed to support and preserve the agricultural industry and farming activities. These goals and policies also address the County's responsibility to manage,accommodate and ensure that adequate public services are available for residential,commercial and industrial growth which is expected to occur. Sec.22-2-80. Agricultural goals and policies. The following goals and policies are established for agricultural land: A. A.1. Goals and policies. 1. A. Goal 1. Conserve agricultural land for cultural gri agricultural purposes which foster the economic health and continuance of agriculture. 2. A.Policy 1.1. Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture. The availability of a consistent supply of clean water must exist in order to have prime farmland.Prime farmland is land that has the best combination of physical and chemical characteristics for producing food,feed,forage,fiber and oilseed crops,and is also available for these uses(the land could be cropland,pastureland,rangeland,forest land or other land,but not urban built-up land or water). It has the soil quality,growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general, prime farmlands have an adequate and dependable water supply from precipitation or irrigation,a favorable temperature and growing season,acceptable acidity or alkalinity,acceptable salt and sodium content,and few or no rocks. Prime farmlands are permeable to water and air. Prime farmlands are not excessively erodible or saturated with water for a long period of time,and they either do not flood frequently or are protected from flooding. (U.S. Department of Agricultural, Soil Conservation Services [Special Series 17] January 1980: additional supplements). 3. A.Policy 1.2. The County should support the development of creative policies to conserve agricultural land,including preservation techniques and prioritizing incentives. 4. A.Policy 1.3. Allow commercial and industrial uses which are directly related to,or dependent upon agriculture, to locate within agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available. Agricultural businesses and industries will be 28 encouraged to locate in areas that minimize the removal of agricultural land from production. r 5. A. Policy 1.4. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of prime agricultural land from production. Agricultural business and industries are defined as those which are related to ranching,livestock production, farming and agricultural uses. IIi'i i itii I II 7 I' IAi3 ! I ii i. i t,ti : !i tti ,t t" 11,,,,,, t'i'3" i:I6.. 1. ( 9911 PtiserVea606 oS e iP 6�CtT �uch'ifoi ithe eeotion#0 health and ontinuance 4:t!A° cu1ttp , i+';it+ i Ii I 'tii 1 i i+:+ tt di I III Iii i , i i �I ,,,A,pg I II A z740' shedljl it I� 114,,, ..-4,11 County s Ii i4 I,i Vtk t „i "t" 7 hii I+. 777". ,4i i liti agriicul" liltµ iti is iit. * iprovi as for agn ,, achvt7,es'and other nse yyyy�ppy�,,gePe}nde . grt , I yy�iI� h,l i1likafiCV t kt'I i i(I ,774 !r i14 IOVYil,! {e ailigeS�CttNleonSerVel12 i 'eii tnral landl i; " '�+ttntysP3 7,��le,ve #� � � P Ptclui3ing preservation tee , PS and ptf _ g*0 ,; A.POlleyl (1I'i wco 77 IilP andI iltts"„ eS til li, direett t0 Ord a (lento on , tl,i iii+F t i iitt , �� y,it ke eP �#., r agrleu1ture„ [[ewlthm,' ultWia1z0 the iisurrol it i{ Ittii 3 , s., ,r ,,,,„,. , III(+i ( tiiii", ,,i• ' iii, i t i +, aperttes1iii,, , ii3 .and where adee t Sernces, Strue s and' dos es will be encouraged locate 1w It t emo`" ,I gnats - Fromproa coon.- B. A.2 Goal. 1. A.Goal 2. Discourage urban-scale residential, commercial and industrial development which is not locati .ee'dd adjacent to existing incorporated municipalities. _ �i �,t",Iuei' i, :"i ttNit�yi : i ;310 9I ! Iii. ttm !p t! i HI i nip lip "' i8,,1i7@" iit ," $Rit ., flit„4II t+ ,A.G'+d�tG QnVCPSip7�,a a ttlttttt`�1 r® e ! r r re�l,e ® r CO C r r t[tdUStrl i� i i(will be II'- i i&i' Ii nR i ( 7� I li,iii,'7 t t tli 7 i i (SID +' ' IIi ii ii iiti" eOltstderedw 4ublectsi t d ¢a r s.. .ve, r, f+ + < , taiea F.'4 II I tI I I 'tri ��t! 4t" t (iii ' I S +i i t�t", . pundart'at't - tied M S , , r t no, I® ! . re adept ces are (..ipj}its` i ,H.,,!..:,1, iii i i 1 II ii •' i, tt Ptan able." is r',r r si.s 1I , i', I � 7, E I61 4 dtess r r o ! lance. ,t. etheut at,;r: es iu tI { Ii. !� 3 ! � � Ii ( { E ik ( i f �i Ii+ t t I t Q t OCCdri l"1 ",,,',7.1 nS 7.1 .te s'agrtC , r .� e e ® honed. .) .•t a110 :` alt uses. In i I� t t �ai' , t i t # x+. Ftt t i! i. "7,"l i i ita i t s i 7+ 7 it; •� addition,tltt 4o Sexti IItrtbute ., r r , rgtii . Ito Count/ . . yersofprovidingadditional "t:'i = i '0 I' ii 't i I� II ( III public services m rural areas , eS that r ® ces on, t, an level. N i'i 4 Ill fiV',t 77 'ia"t`* e it s,r I3ti t ii,"MIN IIt B a policy 2,' i 1 ii f deterrnii i +r t Publ at;sern Vemen1S ilb'z, : stems ti iiI I I iii, i i "t t.P ipi is i' i i i imbue g ' I i t I i! i ', are:requited W WI( 4pment i th .I e;.a e , i 1 1 " ggpp mredTqt�'y e Fo 1jlltti t i IItfp '' costs b]tc fa gce i. ,[ j40flSt!sa: pethodolngj ofPIIi Pi " "i Liii:9:* sa o,. dot r .. .{ of rrw . , nng thel use•( i{ii IlS 7 �Sl I� i !.t , it taI cation a IitbcesS r•a?, , iopet'.:,®. t Iii +'k tI fi� ii"IIi I 7 t " @" "'t IIi 0,,,, Ii74ui Iy+I f'I i,t P. " 1. oimattetn 111 feh ace of eiy'�f, ens f es3llafl$,t{Sers of the r },frastrucrureI ltmprovements'and 410.111„ iVi tit4ii i'ISii i it 9um:,.- ,3t i" it4 ,+ L^tronflSi PIII' h'kI Iti, qi ' 2. APtoNP4 which eq it`ubly tstribttte ;t}e ebsfs of In`na icture impl4+j4enients andma ntenauce by user Nate r 29 Iv tiponYiRta a tl Raga it.i=� I laml�iit IBitrrir•,,I47! 1' 'tit( It i4ti8 t tit irlittn, t =gym opo �en �Prbieth � � ruct ?r6veme ��n� atntcnance chargg j,IJi tp' 1a be Abp l dJf gricu1(� il<E t i i ' � iii' 1 tt��a��=i�t��o{aiiii a �i= �,.5° :1', k ! i+"'49illi i ii `pied r Wick r a1S qii,' 0'. S wllf1 Di 'a E i.#Sidered: Whit agricul#it �k�is3uess is� t�agd did urb ttl boundAty area. C. A.3. Goal and policies 1. A.Goal 3. Conversion of agricultural land to urban-scale residential,commercial and industrial uses will be considered when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area,I-25 Mixed Use Development area,or urban development nodes, This goal is intended to address conversion of agricultural land in an orderly manner which is in harmony with the phased growth plans of a municipality and the County. It is further intended to minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban-scale uses. In addition,this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban level. 2. A.Policy 3.1. If it is determined that public facilities,service improvements,or maintenance items are required by a development,the land use applicant,developer,or land owner will be required to pay for the costs of the public facility,service improvements,and maintenance. The methodology for compensation and the determination of maintenance items should be determined during the land use application review process. The developer shall submit all of the following: a. A. Policy 3.1.1. Information which accurately identifies all users of the infrastructure improvements and maintenance. r b. A.Policy 3.1.2. A proposal which equitably distributes the costs of infrastructure improvements and maintenance by user share. c. A.Policy 3.1.3. A proposal that identifies the appropriate time that infrastructure improvements and maintenance charges should be applied. d. A.Policy 3.1.4. A municipality's adopted comprehensive plan goals and policies will be considered when an agricultural business is proposed to expand within an urban growth boundary area. tt it tHi IRa�r,I rii t ti l i t • lNr;it i aI II i a i Ii= r 1'. Air , �t .. :OA c t t {(e dt� t���% 3 it hich 1 Y Tond. 9 aor divisit'tiaS i t t 6t4 MI n prI ra '' acco r rovided ta a .1. P.. . o� ?FF Sntensity desie'A it ia,al tIt ti i ii ",tai i t � (�ttvl1bei _� � $ iii area , 'r,`_ 4 dreg .,i ,, I i�'odet,,WS, la I. areas Uate it �• 1,1i t'r ri ilif 'it boa 1i 7lsrai t'I' Ot la �i Tian: .' , �«1. �� ��I �� ���ivismi�i; �E � ���ui�dlly�a '���t�',are aW���$�a Chapter's 2'4 40; i;il a.230 ♦tk t yyl,ai��fa Ali'" t'a i f { 7 ' VW VIII V hI C gas, l $ n ii t i ii I� 'y t r iw f ,I it t. li ..,:*00'.,�; gas,= a i , , , ,Shertf4I , . . hon. # the,in edelopkd.' e°1 'iw ti 4L Q POtl BIAvitlltt j i i t t 1 t Iin tiI!{ I I r t 0 Tit Nt N 1 tt t i .tt) a ' t ,t i ktit I't t o t, �4 11O MN" IA �#tiof��c�� I a f�ned ag�tc�. vow,.be Iran+ ' h i oundin ii'a�ti S 'and refe# 4l a�>r res. The reviewed Sri`'wcttrdance wlt�ir al imp g r 3O aMilii P hI+' r17 NW ,, c 16 00,104114iiiiiia Aati Ali b'c iti iitiiii `, .,! "'nom:*nom l , i Ii, 4a { 'e Ett1fl 'and a' ``{ ,0`0Sa :o 06 iii "'' s F7! ! Et ,,fi {i jI 1 t u ,auk i7i't�{I1�}, 1 i �� a t {I t, q•,•�I� 4 u16 Iw,.,4in , e� f0 i � r II: z!i Si" 671:, i,k i I }.i� �1.' koir loPeb' an� etb to iimPae ��t�#n � Nal lan a ##aversion to:gr ,gher use a D. A.4. Goal and policies 1. A.Goal 4. Provide mechanisms for the division of land which is agriculturally zoned. Options for division shall be provided to ensure the continuation of agricultural production and accommodate low intensity development. Urban scale residential, commercial and industrial development will be discouraged in areas where adequate services and infrastructure are not available. 2. A. Policy 4.1. Options for the division of agriculturally-zoned land are available in Chapters 23,24 and 27 of this Code. 3. A. Policy 4.2. Availability of services such as electricity,telephone,public water,natural gas, and sewer,sheriff and fire protection will determine the intensity of development allowed. 4. A. Policy 4.3. Applications for the division of land which is zoned agricultural, pp shall be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. The criterion shall include but not be limited to: a. A.Policy 4.3.1. Soil Classifications. b. A.Policy 4.3.2. Availability,location and accessibility to existing infrastructure and utilities. c. A.Policy 4.3.3. Ensure safe and adequate access onto County Roads or State Highways. d. A.Policy 4.3.4. Consideration of existing improvements or structures. e. A.Policy 4.3.5. Encourage techniques and incentives such as easements,clusters,building envelopes and setbacks to minimize the impacts on surrounding agricultural land when conversion to another use occurs and to ensure the health,welfare and safety of the inhabitants of Weld County. f. A.Policy 4.3.6 Lot and Building Envelope design and placement may be employed to mitigate conflicts between existing agricultural uses and future non-agricultural uses. i {pppp i. , ,s,,,,„,t Ii' Cob l' {! �i4 iiii4y Isu qiIkt91,'I k v 1 I 7 kji! 'II' II Ps {Its a„k<<< , . ➢! a o o k .resid Ctatadd it. , 'wrll ii lfll k, k # I�� 4I k 'I ' iE,1 � �1�� i� ik li Ik ! ,i , kII inn. , be ai a,14:ed es to r e't'rte is t# ® : ; , can sniff eve oprner� ��g�elopment Shalla '�,,k tto be co Sip ere on •tr 1_yl+! ! !i (I! I Inks II .l i� Is,„i emp mp {li » }�'tS intende dr1teess• • .-'skirl o tlgncultural land 31 i` # =urti#'a' `ESII� iM!,.., . k Nil.i til f "s a0 ! o k t,ek`t .. aiSatt�'lytstiil ii t{ e ( { �# t$, E P # s.# ' i it i:i ttt ii �itn i IB;) 4' ,i 2. *I cy4.1 aho i...7i¢# cht�I culttt }tt ��{{b.,-. shall {I t t ism + sSyp t # ((a1�I t k, tI ie t ('k Iyy (+IW be re��{i$Pf�In aci;,u t S � Seth a��� ,�pac{� �fi44F��undtd$���A4es and rbfe��al�ggztcies. T4$i dns {i .WlicitRS i gig; 0; A.13o { t14 Sgtitati, ton§ 6' A:Pithk 11 A diaVil locatiO'41 t liitRi Wsib 0fliiiMt ttSand utilities �I�I = +' Ii= �) LII'It ' ikk{k`# k`I iPtiG t t F{ I7+Iili #°Is' +'= ' ; ..Policy,,1�,�# sure ibliar IOaiiiatt Rio cbtiailla s or staff*1004 . 3k AAA 3i Ir$''= its# I i16t t•"it k two ;1 j tk+ii'..'. j ({$i IAA I't iq {flII'.'I u, { iiHhk'pu t++ �; . ohCy 41� eratit� �i� g ttttl3�'�� � �Sor s{rnc"t�k 't' it4ut.i +G+ i t iiia j (#Ei l t tf 5@ f. � oTicy 4.1.6 '1`��'��trrpacts on��� s sitic>i a ;} ����b�n,law ex��n}�nt,school districts; etc.' E. A.5. Goal and policies 1. A.Goals. Conversion of agricultural land to non-urban residential,commercial and industrial uses,will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region. This goal is intended to address conversion of agricultural land to non-urban uses. Once converted,this land is less conducive to agricultural production. 2. A.Policy 5.1. Applications for the division of land which is zoned agricultural to non-urban uses shall be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. The criterion shall include but not be limited to: a. A.Policy 5.1.1. Soil Classifications. b. A.Policy 5.1.2. Availability,location and accessibility to existing infrastructure and utilities. c. A.Policy 5.1.3. Ensure safe and adequate access onto County Roads or State Highways. d. A. Policy 5.1.4. The level of development associated with the site. e. A. Policy 5.1.5. Consideration of existing improvements or structures. f. A.Policy 5.1.6. The impacts on services such as fife protection,law enforcement,school districts, etc. F. A.6.Goal and policies 1. A.Goal 6. The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on agricultural land. 2. A.Policy 6.1. The County encourages oil and gas drilling activities be coordinated with seasonal production schedules. 3. A.Policy 6.2. When feasible, existing service roads should be utilized to provide access for oil and 32 gas activities. r G. A.7. Goal and policies 1. A.Goal 7. Public facilities and services such as sewer, water, roads, schools, and fire and police protection,must be provided and developed in a timely,orderly and efficient manner to support the transition of agricultural land to other development uses. In evaluating a land use application,County representatives and the applicant will consider the public facilities and services goals and policies. 2. A. Policy 7.1. The County will encourage developers and utility providers to deliver appropriate services in conjunction with development. 3. A.Policy 7.2. Applicants for development are responsible to determine the status of a water well through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well,unless fully augmented. The State Division of Water Resources shall be contacted by the applicant. 4. A.Policy 7.3. Applicants for development shall fully disclose the quantity available and source of domestic and non-domestic water to service the proposed development during the land-use application process. FGA';,, , ,P. ;!":i404es 1;t A1tt ,a ' t +i,fl; tE , jl11I3 t;urI ts, ;, la.a I, " N! , i!•, I"!!ii 5 „III '.. i. oaf 6. Pp 7 service �f water :off s, and fire and police ul ! J ; Y i! j4 IN ija p{4fectron,must j ®i it •�'i ftvelopec a ,i.and c p , , g Support the 8431,8 1n. i; i it fit ifi, �iin +i4 of agricultural latli e �oL. pmeH. i i o .g a landf ca ion,County representa4ves and the applicant'"Il •.tit., the public fut, cI(, tl services''goays ` t`f!i i`9lietes. t II I;I +i t,f;t, I!+,.,j .I: ," t i'i 'r iIr y III` t'i b! a A.�olioY 6.1 The�t cgftrage de 1 � � ihi�iity pmviders�tl;}��ltuer> airopn4e services tn, nj . develop j b. Al Polic 6.2 A }�Ir +„„,qm„.,cvclo'ment ,t„s++€;' +,`f;,y3' o t tla l iIi=IA Y g a n� y„i,+,,t d iII".'rf P , t ,.i p!i t0 pternt4t I ,,,,, s f a wafer well through the'Sta' idi f nq of;Water Respuir�`t iI1; H. A.8. Goal and policies 1. A.Goal 8. Protect agricultural uses from encroachment by those uses which hinder the operations of the agricultural enterprises. 2. A. Policy 8.1. The County recognizes the "right to farm." In order to validate this recognition,the County has established a statement which should be incorporated on all pertinent land use plats.A copy of this statement is located in Appendix 22-E of this Chapter. a. A.Policy 8.1.1. The agricultural landowner is responsible for following"best management practices". b. A.Policy 8.1.2. The county will develop policies to recognize the changing dynamics of agricultural production,such as the size and scope of these operations. c. A. Policy 8.1.3. Adjacent lands owned or leased by an agricultural operation will be used in determining allowable animal unit densities. r 33 � �m##11# i t#i t p.I#4 +� i"t' i I' � i i (Ilii P'II( t}I II ti#:� 1. tliH.r;, 17. I ctrl I b�tpr t by p l which 1su� i the: ¢ bonso#' '& 9 St i�I 1+,tt I t II #' ➢J # n ii' #y S )II ii #k'p"I f. . # r� , V � it n IS:+ + tire:,tha Coud # establish , hich orp all pertinent ti use uo plats A y bf this std , iha loca0 "#I dix' $Ch p er b gliGiirdy 7 j $ "tgFicttltura ;i"a ` tF`t is res`p'8a `erefol10 i •Ik gement`piadtiices • c:': A.Polrey C, �kte county`,# eve op ptili � r�4gtuze .44'IN i ' {'P I,i g dynamics tan g enthral production.ii99hi...S le slxe ...'# ...the*di A -' Irwnetlt1oe lty anagthl�t4gl;operation 6eE'i4ott dete ' 19-4411 { ti ities- I. A.9. Goal and policies 1. A.Goal 9. Water is a valuable resource in Weld County. Water rights are defined by state law as real property and may be bought and sold by individuals or entities. Land use regulations should not impact their status as real property. 2. A. Policy 9.1. Any exportation of water out of a closed basin aquifer is discouraged. 3.. A Policy 9.2. Land use regulations should not interfere with the transfer of water rights and their e•—• associated uses. 4. A Policy 9.3. Concerns of irrigation companies shall be addressed through the land use referral process.The placement of fences, structures,and recreational trails,for example,shall be made in consideration of the year-round maintenance and operation of the irrigation practice. This consideration shall be made to mitigate associated hazards. J. A. 10. Goal 1. A.Goal. 10. The minimum lot size of parcels in the agricultural zone district should remain at eighty (80)acres to encourage parcels large enough to retain viable farming operations or to accommodate modem agricultural equipment and irrigation practices. K. A.11.Goal and policies. 1. A.Goal 11. Promote a quality environment which is free of unsightly materials,including but not limited to,derelict vehicles,refuse and litter. 2. A.Policy 11.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial junkyards. 3. A.Policy 11.2. Develop programs for cleanup of derelict property,junk and weeds. Sec.22-2-90. Urban development. 34 A. Population and economic growth will create a demand for conversion of land to urban uses. The urban n development goals and policies are designed to plan for this anticipated growth by directing urban uses to where urban services exist or can more easily be provided, i.e., to existing municipalities and the I-25 Mixed Use Development area. The County recognizes that it is appropriate for its municipalities to plan for growth at their current boundaries and in the surrounding areas. To accomplish this,the County and the municipalities should cooperate in joint planning efforts to achieve a consistent vision. The urban development section addresses the conservation of agricultural land by encouraging efficient development and discouraging urban sprawl.These goals and policies reflect a basic commitment to conserving natural and managed resources while directing growth and enhancing economic development through efficient use of infrastructure. Ct7Mtv1I T X: i i III iii ii aid or I lipltw s o m ( Ei ol, 3i al,, A )'o u otttiye ll createl I coo ,Cline to intm'ilises'l I }ie urban deveopment ri,, t At ies ate "'' «t&olan foi "II �¢f4aied emu .' �$ '`r 1ne urban use'Cb where nrbanlservioeSi ir '"''#tenrn' ;1 B. Urban development may be characterized by intense residential,commercial areas for retail,offices,services, and other uses that are primarily located along major roadways,at major intersections,and in commercial parks designed to accommodate these more intense uses. Large areas of pavement for roadways,plazas and parking lots accompany these uses. Industrial uses in urban areas vary from heavy industry and manufacturing, to manufacturing combined with research and development that is less obtrusive and disruptive to surrounding properties. Usually,the heavier industrial uses are segregated into areas around the perimeter of communities and linked to major transportation networks. Light industry and manufacturing may also be at the perimeters, but sometimes integrated inside the community. C. Urban residential development includes high density multi-family projects,single family residential subdivisions and many variations between these two categories.Typically,the density of urban residential developments exceeds one unit per acre and all the neighborhoods are characterized by paved streets,sidewalks,parks,and a variety of housing types and other urban type land uses. Some commercial or neighborhood service uses such as churches, day care,small-scale offices,schools,convenience stores,small shopping areas,etc.,are usually associated with urban residential subdivisions. Sec.22-2-100. Concerns of Development. A. Conflicts exist particularly between residential development and existing rural land use that can negatively impact Weld County. Tension is occurring not only from restrictions on normal farming practices,but also from resistance to change and growth. It is important that county representatives and officials recognize their role in reducing the conflicts between development and rural uses. Consistent interpretation and administration of this chapter and Chapters 19, 23, 24, 26 and 27 of this code will help in the reduction of conflict. Using these documents to make consistent land use decisions,reinforces its usefulness as an information and decision-making tool on land use decisions made by private parties,as well as public officials. B. Affordable housing. The escalation of development costs continues to raise the cost of housing which is in turn passed on to consumers. C. Development should pay its proportionate share to upgrade existing systems that benefit everyone. b. Develop "'' 1'uI dt be required td tia4h '' 1 VaSle cost& `itatilIiire nSdie than their shia'r'e ii5r'unbtades to existine systentsll tlbide evervonei D. The requirement of additional amenities to a development increase cost as well as increase benefits to the consumer and should be thoroughly evaluated as to the necessity of such amenity i.e.bus shelters,pull-outs,trails, 35 etc. E. Conditions of approval requested by referral agencies may be scrutinized by the applicant. The applicant has the right to question the referral and contest the conditions if necessary. t .i p ill _ �.,. .n ,I "i ' srir'e'stret' , 06''ei)8 i ,, *chin tiiii" *file basicneSs. Ali applicant has the neht iiIi ii the refetnahi) '' `ettiitest the eliiilill ' Il liecess' h F. Implementation of timely submission from referral agencies and applicants are required. The Planning Department needs to establish and adhere to reasonable deadlines for referral and applicant submittals. The application process needs to be evaluated for ways to make the entire process more efficient and timely. C0 t" ' ( itai ' E i• ry ;t I i• F I .4411'. t'�of tnrlet�,�i�� ton from � �i�'�pouzred I [ � bag Department needs to establish i it'+ i i r and a i� "��easona ��" � �e'�� �r refer �t,.i�§i I]`lte arha b�tbtiess needs th bn evaluated for ways to 'Tr e�the entice nro s morel efficient and 'i y. Sec. 22-2-110. Benefits of Urban Development. A. Urban development is the most centralized and,therefore,the most intense land use. More people live in urban centers than live outside urban centers because they appreciate the closeness and convenience of services that are available. Clearly, there are less appealing elements of an urban lifestyle such as traffic congestion, crime, and others;but the advantages of convenience,availability of jobs,and the social diversity of this lifestyle choice are perceived benefits. B. An important factor of urban development is the efficient use of land as a resource. Since the density of urban development accommodates more density on each acre,the amount of land relative to the number of people who live on or use the land is an efficient ratio. Locations where urban development can occur should be encouraged to develop as urban. Jurisdictions that can accommodate urban development should employ policies and regulations that facilitate urban development while managing the quality of this development. Weld County should adopt policies and regulations that promote urban development in the areas where it is appropriate resulting in the most efficient use of land and infrastructure. Sec.22-2-120. Urban growth boundaries. A. Efficient and orderly land development and the conservation of agricultural land require that urban-type development take place in or adjacent to existing municipalities or where adequate infrastructure is available. Urban development is encouraged within municipal boundaries where public services such as water,sewer and fire protection are available. 001 s t rmi II 'I lift wit , tar ( . j' t t i c €t'Ir w AGrowth 1#O }�}j� a d a ed thtkltt {y b tween the i t i:titil .' • i�'.! j Ika li` 6e I t,tt iiI �#fir s. county pattc�ppa l municipalt aallaude ". I development in the area surrounding municipalitiesiit It ties this type o , which la 0 e See 0);lnc I tttile referral, Li i #i dI ii :�ti Iii intergovernmental utban growth h e�rrents,aatd: a . '�: a one-half • owdr boundary: t ti ri Ltrt -i. When growth ppI , .tkl,ily/cd "spoinaiet . ®. wa® an.pccur84 e **lc adjacent hihthiimi4s O>]n i. a(,t• i B. Urban Growth Boundaries and uses within these areas,shall be determined through coordination between the County,participating municipality,and the individual landowner. Efficient development in the area surrounding municipalities requires this type of coordination which is achieved by three(3)methods; the three-mile referral, r 36 intergovernmental urban growth boundary agreements, and the standard one-half mile urban growth boundary. When growth at the municipality/county level is not coordinated,problems can occur with incompatible adjacent land uses as the most obvious. i 11 i ditit„, ! i II i(i i ! ! ! ,,,r„,,,,,, i ₹ th"ttt fffSST B �, II{ xistin p E ₹"vateol!'er �'land ' - prba t' e tt i v III ! place uiotatl)a ttoexmstmg ajtaesorwhe.. O,,,,,em�mfrastmc1,{r eobtained.Urbandevelopment adiacent toimnbjcioalities is anotoDriate if urban services' '�the{extended to(servile tie!area. C. The intergovernmental urban growth boundary agreement is a tool for coordinating development at the municipality/county interface. The individual landowners of property within the urban growth boundaries shall be notified of any negotiations and consideration of intergovernmental urban growth boundary agreements. In the spring of 1994,believing that each community should direct its growth,the Board of County Commissioners began contacting each municipality to establish their own tailor-made growth areas. Believing each community can and should direct its own growth, the Board of County Commissioners imparted four (4) criteria to guide the municipalities: 1. Growth should pay for itself, in terms of initial costs and, in the long range, through good design and functional efficiency. 2. Annexation patterns should directly correlate with municipal service areas. 3. Infrll of communities is a far more efficient use of land than urban sprawl. 4. When a municipality and the County enter into an urban growth boundary agreement,the County agrees to abide by the municipality's vision for future development in the area. Likewise,the municipality agrees to limit its expansion to the defined areas where it plans to provide municipal services. It is understood that urban growth is an ongoing process and urban growth boundary agreements will be subject to revision as needed. COMMIT'''}i St₹I i₹i4!₹{t₹' +'t (III {3S;1 IN dj C The intergovernmental i tit{an wth boundary agrees ens Ili :I l for coordinating development atithe municipality/400 #er e !Th individual landswn within the urban ggwtll boundaries shall I I k< 4 AS ₹ I) I!e I th be notifiedandmetnd,. Imlt y�SO,sofinteradQerin tuthliinindarvagreemenis.lnihesiMlig of 1994,belret4 at gC m Oy should dire its['� }� � c5 ��₹� ,�k '',d'0f County Commissioners Vegan contacting eachmunicipalityto'establishtheirowntailorrmta growt�hareas. The Board impartedthree(3)criteria to guide the muintci '( I' Iit!t;t { t! d{;₹ {for its '+.i nit!i { !{ i ;i t,' " ro iiorY 11ti+' 6 n ai d I. t rr , elf,m terms dt�tittti�'Sl�ip� {I ���i t},'tt�ia tong Tanga,t6rdpp�s$cod{t� �ptt'2n�! fu ncti}I` etc 'cy. 2. {�nniexationpatteitms;tsho 'dji `' e correlatea t�1t°imunicipal service e s. II T s % in I'!{git#'t' it�i!s₹! {� !{ ₹;' { II ( III III I' t II! II{�+₹t ig!II r ₹; 1! A₹ {�.. II 3 {tti Mood that urban grd�miss amid unman gitOm to� ents will be sutrj Ito;rG vision as needed. D. The County, in accordance with state statutes,refers land use proposals for review and comment to any jurisdiction within three(3)miles of the site of the proposed change. The municipality is given an opportunity to comment,and the comments are considered by the Planning Commission and the Board of County Commissioners when they vote on the proposed land use change. Regardless of any other agreements between a municipality and the County for growth and service areas,the County will continue the three-mile referrals. E. When growth at the municipality/county level is not coordinated,some of the problems that can occur include 37 roads that do not tie into each other,inconsistent engineering standards,the provision of municipal services by a ,.^ hodgepodge of special districts, and the most obvious problem of incompatible adjacent land uses. Besides addressing these problems, the urban growth boundary agreement can be used to preserve open space corridors between municipalities or to protect important wildlife habitat,natural and scenic areas. . i �p i lia. I t# en I; t iimn ; _ e absent�i�,� 13 Growth f}tI � �int. the b t � standard.pCa3�',iiit�ro'itrth boundary ThtalLy. � yy t" e`nerim� )a e t .� � i z'f, r1d��_s wer fapi�itiJr �tlnition of facilities Is lit l''' i ubhc, ewer e tin's r''S'entembcr I C 4> to lime of adoption" idinance 147-G. as codified'�h '?' IIamended b+i 7-' adopted 19, 1999 ai ''it'q stn. The perimeter will be nine, '*I4EV( aiparent fhar Ii gprrdaives to_.,i ion of sewers he' Inside the municipal service i;a.boundary.'urban-tVii uses d services are nla ` " annexation is encouraded. F. In the absence of an urban growth boundary agreement, the County recognizes a standard urban growth boundary. This is a one-half-mile perimeter from the existing public sanitary sewer facilities. The definition of facilities is limited to public sewer lines in place on September 11, 1995,the time of adoption of Ordinance 147-G, as codified herein, as amended by Ordinance 147-P, adopted on March 15, 1999, also codified herein. The perimeter will be modified if it is apparent that physical boundaries prevent the extension of sewer service. Inside the municipal service area boundary,urban-type uses and services are planned and annexation is encouraged. Sec.22-2-130 Urban growth boundaries goals and policies. The most recent copy of the Urban Growth Boundary map is on file at the Clerk to the Board's office and the Department of Planning Services. The following goals and policies are established for urban growth boundaries: A. UGB. 1.Goal and policies. 1. UGB Goal 1. The County will encourage and assist each municipality in establishing an intergovernmental urban growth boundary agreement. 2. UGB. Policy 1.1. The County recognizes that municipalities can and should plan their own futures in terms of the nature and rate of growth. 3. UGB.Policy 1.2. Revise intergovernmental agreements as required by changing conditions. 4. UGB.Policy 1.3. The county encourages each municipality to plan their futures in coordination with individual land owners in unincorporated Weld County. The individual landowners of property within the urban growth boundaries shall be notified of any negotiations and consideration of intergovernmental urban growth boundary agreements. B. UGB. 2.Goal and policies. 1. UGB.Goal 2. Concentrate urban development in or adjacent to existing municipalities,an approved IGA, the I-25 Mixed Use Development area, urban growth boundary areas, urban development nodes, or where urban infrastructure iiss available. lt ik f.li .' i.t"' to I i X i I,ii.ve 91{tri�ii�ii t i ii H Jill!in IlAt it i l i M 1r �,}_, list‘". Q ij , k ( i4�� �i i in � tt 4�'i','i�'r i i! y II ii illtlrilelpalLtipa 7� .� , the -25 Mixed m$£ e >. I• t .., aMan growth,p ,. . -ar an devetobincut h urban'nfrastructure cast i"a iI!4 38 s yyt� a4a Ii rtlt i. m !jjiti ptta(i ti ti.a!t�iy r r(ttiill! a a i�117'1(��a�lit '1 a< ii ugl: situ; LI iF �tf ),,..1,-;..-; ti 1 a 3I�,QY@l.i7sa s! {i 7T1RQs01 as t .EI t Oa?,,;' yi ibounryar�3�tpa Wll�,be detenning ecgrdmg tot I Ounce set:tom) i hapte5s r `i2 'of this t}�e a l I t 1,111.41i Il i' � i '! Iiol:oi[ t I3 ! a ar. ,. vi.t Ilia pl I`:, 't s t �) (I,i,'„': "i' `• a Is:,Ar.- . ,a t �hr6V:. . — - shoujd q, tt rmed atilt: irf dtreetixl owth;to,n id lent to,muniei 1t pa and the I-25 MI „ where urliAir",t, 'awe isi¢ ...' oO1� iii Ii.' i a.M1'i " I•ti: (it: i b. i r Policy 2 2 Irt I tduals makittg mI{tal contact yjiw pie yonnty repakd lapd use development Ii II r ii9iii'i,.. i ri.il'! shoufdl6e informed o iltib IFX of diinntui l!t pan growt t tq; or adjacent ta,tti�tnae galities and the I-25 MUI3 � twSipfiban 'i'a ,c be M S t1 b lI ittti II siI! I! r Iy If a i N iif III iia: ' i !t t q0 (A iii ioi is : c 2 2. Ni0 h emmeniai are id owth bot(ndar a Il be I' i 4 t o tit r •,II iar: i defined a a one half mile p trod tha e u p, ., lie satin lities. C. UGB. 3.Goal and policies. 1. UGB.Goal 3. The County and municipalities should coordinate land use planning in urban growth boundary areas,including development policies and standards,zoning,street and highway construction,open space,public infrastructure and other matters affecting efficient development. 2. UGB.Policy 3.1. The County may consider approving a land use development within an urban growth boundary area,if all of the following criteria are met: a. UGB.Policy 3.1.1. The adjacent municipality does not consent to annex the land or property in a timely manner or annexation is not legally possible. r b. UGB.Policy 3.1.2. The proposed use,including public facility and service impacts,is compatible with this Chapter and with other urban type uses. c. UGB.Policy 3.1.3. The proposed use attempts to be compatible with the adjacent municipality's comprehensive plan. d. UGB.Policy 3.1.4. If public facility or service improvements are required by a development,and will not be provided by the adjacent municipality, the developer will pay these costs. A method of reimbursement for these costs will be determined in the land use application review process. 'The method of reimbursement will depend upon the following information,which the developer shall provide: I) Identification of all current and future users of the public facilities or services; 2) A proposal to equitably share these costs among users;and 3) A time schedule for apportionment of the charges among users and reimbursement to the developer. D. UGB.4.Goal 1. UGB.Goal 4. Whenever possible,open space within urban development should be connected to existing open space. Sec.22-2-140 Unincorporated communities. n 39 A. The County's rural areas contain a number of small unincorporated residential communities that are surrounded /" by agricultural districts and agricultural uses. These communities provide housing for those predominantly employed in agricultural and other industries. The communities also serve as small commercial centers for surrounding farm areas. B. Substantial population growth has occurred in these communities despite a lack of community water and/or sewer facilities and their remote locations. These settlements will probably continue to function as rural centers serving the needs of the surrounding rural population. C. Regional services such as waste water treatment plants,water treatment facilities,are encouraged to service unincorporated communities. D. Further development in unincorporated communities will be encouraged only when adequate services and infrastructure are available. ' I I,I 0 { {f [ �i (i Y4 ,. dvil` i`iii corpb ,ii? nrnd Ii *coutai .I Sec.22-2-150 Unincorporated community goals and policies. The following goals and policies are established for unincorporated communities: A. UC.1 Goal and policies. 1. UC.Goal 1. Assure proper location and operation of compatible land uses by maintaining land use regulations within unincorporated communities. r 2. UC.Policy 1.1. Expansion of existing unincorporated communities will be based on the following criteria: a. UC.Policy 1.1.1. Urban growth boundary goals and policies should apply in reviewing land use applications which are adjacent to or propose to expand existing unincorporated communities. b. UC.Policy 1.1.2. Additionally, any goals and policies adopted for a particular type of development will also be used for review and evaluation. For example,the planned unit development goals and policies would also apply when reviewing a planned unit development application adjacent to an unincorporated community. B. UC.2 Goal. 1. UC.Goal 2. Maintain the rural character of these settlements. C. UC.3 Goal. 1. UC.Goal 3. Encourage new development through infill of existing vacant platted lots. D.UC.4. Goal and policies. 1. UC. Goal 4. Promote a quality environment which is free of unsightly materials, including but not limited to,derelict vehicles,refuse and litter. 2. UC.Policy 4.1. Property owners should demonstrate responsibility of ownership by minimizing safety 40 and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial junkyards. 3. UC. Policy 4.2. Develop programs for the cleanup of derelict property,junk and weeds. Sec.22-2-160 Industrial development. In Industrial Zone Districts, development is typically oriented toward transportation facilities and is located where traffic,noise,air and visual pollution conflicts with residential,commercial and agricultural uses are minimal. It is the County's intent to accommodate industrial development proposals when the subject site is located inside an approved intergovernmental agreement area,urban growth boundary area,I-25 Mixed Use Development area, urban development nodes,or where adequate services are available.Land zoned for industrial use is found in almost every municipality in the County. This dispersed pattern allows for local job opportunities. Sec.22-2-170. Industrial development goals and policies. The following goals and policies are established for industrial developments: A. I. 1. Goal 1. I.Goal 1. Conversion of agricultural land to industrial uses will be encouraged when the subject site is located inside an approved intergovernmental agreement area,urban growth boundary area or I-25 Mixed Use Development area, urban development nodes, or where adequate services are available. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban-scale uses. In addition,this goal is expected to minimize the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban scale level. B. I. 2. Goals and policies 1. I.Goal 2. Encourage the expansion and diversification of the industrial economic base. 2. I. Policy 2.1. Accommodate new industrial development within planned industrial areas. 3. I Policy 2.2. The applicant shall ensure that adequate services and facilities are available. 4. I. Policy 2.3. Applicants for development are responsible to determine the status of a well through through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well,unless fully augmented. The State Division of Water Resources shall be contacted by the applicants. Oi n I I �a •mtl'iii i ({iI iin ,.,.i. i 9I I tltl iik ' mtt r ii c,'I.Pa tints for d��� ( i ��esp4ustble����� the status of a reel[tl{rough'the SA' sbtflilil � �i'I i c. f I�ul R; rnote mad" ' tn{hat it 7y{7�!j' " I sated me ltion;#p $nrroun 4 C' 4 ,,,,„I,,77  dr t .. d I a,attd that I" I 4Xix e0r 'M09 Cf4I ( -"1"" f # t i IIa. t nl gill„, t iy� oa!,; � ' d, I„,,,ticy .4 I , zolf,t3 ' +H I,: usesshoul'ii me,,fetlexal,state and log,. I I standat Ft Oh,the cntena fo ' Mum will include, butrlbtbq'lutited to,the'e ttywoulst E h„ f” 41 E it Y!f t `�'�I�iE tl�tijw iii Y i tit rcii�1�CI�IIP@:4f '. i. 4 t5k ^` 1� vii 17 11 t��OCIL, tii it � IS't! ater CiUa t�itlatl�Ta1CU'alrAag$waysot..pfoerties and other p Ieha sng"4r we�l #int 2). ;k tta ii aiii itl14 �1 ,SMk'SULrdiSt110D 'l k, l(r'15 �?li l5 $ S bI l! Eta, uSC, b'U110 1$ht, Sa1C, density]i nst t0 vE 100. etl i it''I Ld�I H� Iii} i it! a' t }t;ad8 t ! y mail fik Et ,4 iE4i It,: ). peLW e45 ron td� posh 1 w 1 dVei0 e t l t or diarne. he land ultit 6' f tI iI5 1 It !4 f `U ttseapplic �til�#emona 'khesstist ; �i�the>�+ a,�CountyC,{® �ionerstltatthbstreet ti ii i t W I III) t t - is or hire I$ i 4!1t1es pr g!aacess 1 -1 + uate}r} d quality tci'f ct the It ' 11 1 ,I ' " tf it Iio td!' ig mg G}r{ titso€th4( 1R '','1111-.1,!' e dtS op a fait a eo tiOn off Arkin o�j! H n lanesil' t 'P 1 '',''. ;,40 nac ,v I 4,40 ' t 1 4* h2ati9f , gt41e traffic 'II'' I,lit- t Y f t t I 15 n. 1 ' 1 till. ravements S �� e re4up�1. .. ever ttl�' fa tmttg is impacts d by the t'i �� it 7 of in i Ent I4i Ii'it 'III . tncout1k.S bP �'Oigai iiiii iiti after sl; lr I i tabilit es o 'k land. 4 51' f Ili IIII i 'IIi ii ;I fl i4111Iiii 5). Visnal,,,,,,,v;,,,,,,,,,,,,,,,.,,.0 arrier ja 'daa$piug shdtnn ii lwred m i er ,open storage areas from residenti4usAsip 'jii blic roans; C. I.3. Goal and policies 1. I. Goal 3. Achieve a well-balanced,diversified industrial sector in order to provide a stable tax base and to provide a variety of job opportunities for County citizens. 2. I. Policy 3.1. An application for industrial development within a municipality's urban growth boundary area should be reviewed in accordance with the urban growth boundary and industrial goals and rpolicies. 3. I.Policy 3.2. A good working relationship between the public and private sectors is an asset. The County should continue its support of organizations which foster this economic development. D. I.4. Goal and policies 1. I. Goal 4. All new industrial development should pay its own way. 2. I.Policy 4.1. Provide mechanisms whereby new development pays for the additional costs associated with those services demanded by new growth. These services may include but are not limited to law enforcement and fire protection, school site acquisition,increased road maintenance,road construction or expansion,emergency services,the extension of utilities and the increased demand or need for open space and other services provided by local governments. 3. I.Policy 4.2. Determination of the amount paid by new development for such additional costs may include evaluation of indirect benefits such as sales and use taxes generated by residents; construction jobs and the associated economic impacts;support of commercial and industrial operations that pay higher property taxes than residential property;housing for the work force necessary to the economy; and other indirect benefits. !tgaa D a f 0 .!_ . ",:Iii Itiii i lit Ei 11 t f J.' + P+i 4 r ! ,4,114 fl 1. Gq4 4. .h rev it i ap4dl(�Ps4 til may, , 42 ` . I. oli I EI j. 7 rovide `3i I ;I ERIIis rE re I w Viii "" III ysii i`4 iiii 4; o I , �ns wh i I'bevel ��7`���for thd,� onat costs /`� 4` rvic T iI '"Oa P , ay i n74` assocta�� those s , . ¢wf „ s rvicesinclude but are riot]trailed I'II 3 7 a Ee 7 �, ,�, uis r d rho ' in ance,road law enf Land fire sc 0 «'., tfii L emer ee l E n' 1 V =I `d ei law a tf ,k, tf'{i�� c,�g��s, Ii 4,91,4,i y, dI a increase d h—, , or need for ?SRI' 100j P ide,`d by local go,,;e7'rnments. open `; space and'o �,$�a$ezvtces id I. ( I }7} l iP �, i. 1I 7 e I ; I Pgli A 1 E' !IE k t c3 y�� ttono .t�tt�i ri,'1 ',. :• ctsof m;,'!' . mentsm, 7 ' '' urdueel ' ttch & es and i16Ee enerated b E ,eittt s; co a " a .lobs ant(i '� =I i,V _ es,t L, �i 0 oe}ated economic acts; support of i1 and m operations t i •., 'tther prop ' a. s than residential property; housing) rwork force ne� tot the eoono ;l ,' other 10'd t efits. E. I. 5. Goal 1. I. Goal 5. An application for industrial development within or adjoining an unincorporated community should be reviewed in accordance with the unincorporated community and industrial goals and policies; an application for industrial development within an area designated for agricultural use and located outside of an area as an urban growth boundary area should be reviewed in accordance with the agricultural and industrial goals and policies. F. I.6.Goal 1. I.Goal 6 The extraction of minerals and oil and gas resources should preserve the land and minimize the impact on industrial land uses. G. I.7.Goal and policies. I. I.Goal 7. Promote a quality environment which is free of unsightly materials,including but not limited to, derelict vehicles,refuse and litter. 2. I.Policy 7.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial junkyards. 3. I.Policy 7.2. Develop programs for cleanup of derelict property,junk and weeds. Sec.22-2-180 Commercial Development. Commercial zone development is characterized by intense areas for retail,offices,services,and other uses that are primarily located along major roadways,at major intersections,and in commercial parks designed to accommodate these uses. Large areas of pavement for roadways,plazas and parking lots accompany these uses. An approved intergovernmental agreement area, urban growth boundary area, I-25 Mixed Use Development area, and urban development nodes,or where adequate services are available,are the areas intended to accommodate commercial zoned development. For example, the I-25 Mixed Use Development area has been the focus of capital improvements and services,primarily through the creation of special districts. Sec.22-2-190 Commercial Development Goals and policies. The following goals and policies are established for commercial developments: A. C. 1 Goal and policies 1. C. Goal 1. Urban commercial uses will be encouraged when the subject site is located inside an 43 approved intergovernmental agreement area,urban growth boundary area,I-25 Mixed Use Development area, urban development nodes,or where adequate services are obtainable. 2. C.Policy 1.1. Minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban uses. 3. C.Policy 1.2. Minimize the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban scale. B. C.2.Goal and policies 1. C. Goal 2. Encourage the expansion and diversification of the commercial economic base. 2. C. Policy 2.1. New commercial development should either be located in areas free of natural hazards, such as wildlife,geologic hazards, floods and high winds,or be designed to mitigate the hazards. C. C.3. Goal and policies. 1. C. Goal 3. Address the compatibility of commercial land uses with adjacent land uses. 2. C.Policy 3.1. Applications for commercial development should be reviewed according to all applicable goals and policies contained in this Chapter and Chapter 23,24,26 and 27. 3. C.Policy 3.2. New commercial development should demonstrate compatibility with existing surrounding land use in terms of general use,building height,scale,density,traffic,dust and noise. 4. C.Policy 3.3. Neighborhood commercial uses will be allowed in residential areas. These commercial uses will consist only ofneig hborhood oriented business. Commercial uses that service a greater area than the neighborhood and create undesirable impact,such as increased vehicular traffic,are not considered appropriate in residential neighborhoods. D. C.4. Goal and policy 1. C. Goal 4. A good working relationship between the public and private sectors is an asset.The County should continue its support of organizations which foster this economic development. 2. C.Policy 4.1 Applicants for development shall fully disclose the quantity available and source of domestic andd non-domestic water to service the proposed development during the land-use application process. a c:4*: t� s. D. C.4:' � R,* {R` ( ttIIi'I�v�'i t+ {�1 , I N It r ,i b 1. G, o . A good �h' hihonshtp be i'��rblic ,# 4aootors is an asset. C ie County should''centinue its sup$ott't ganizations vy ' $i, this epotl6 d' i`ielopment. E. C.5.Goal and policy 1. C. Goal5. The applicant shall ensure that adequate commercial levels of services and facilities are available to serve the commercial development or district. 2. C. Policy 5.1. The land use application will demonstrate, to the satisfaction of the Board of County Commissioners,that the street or highway facilities providing access to the property are adequate to meet the 44 requirements of the proposed district or development. 2. C.Policy 5.2. Applicants for development are responsible to determine the status of a well through the State Division of Water Resources. COMMI E. G:$ k ' ! dRiilKIi 0:71643:";M,' Sri ii! t III) t) I'It 'I t t I :103I'i'�t !A:". i=+t il' Iii 1. ,foal 5 ' O'ir s t 1I I i t11at t, t 6iiii4 bi'ei ii O is of seruicea I facilities are dbtamablellp co elop 3iCG III ii'Smtn i lint 4"'i in i I tI ii" i S 33t t inti q `I i.' ! iRt iii a I' a. C.Po1icit 54 istt'h�) eland a ii4t op w (( ,,,,, � Fill pr 11 eTlies iilArdthq access to the F3operty are a'tie O io meet tl t',4 ielnents o ` Xfiposed district or development: L 't I*olicy 5.2. 1 1tivo*for dewit#} ea are repbraie io detertraiti 'tfie'IWtatus of a well through the State,Divisiop pB WOO Resources, F. C.6. Goal and policies. I. C.Goal 6. Recognize the impact of new development on the natural environment and develop measures to mitigate these impacts. 2. C.Policy 6.1. Encourage designs that preserve desirable natural features,conserve or create favorable space for wildlife and minimize pollution. 3. C. Policy 6.2. Promote efficient utilization of water resources. ra, G. C.7. Goal. 1. C.Goal 7. Encourage the infill of existing commercial developments and provide an environment which supports growth for existing business. H. C.8. Goal and policy 1. C.Goal 8. All new commercial development should pay its own way. 2. C.Policy 8.1. Provide mechanisms whereby new development pays for the additional costs associated with those services demanded by new growth. These services may include but are not limited to law enforcement and fire protection, school site acquisition,increased road maintenance,road construction or expansion,emergency services,the extension of utilities and the increased demand or need for open space and other services provided by local governments. C8.t' 'Wits tIGY 1. C::641.I01:I01: A1.11 I8 3 i(3t t« Il ineYelop iYe i' letili Yi is b'₹ I4-4 fir; i ( 3 FlI =rtttsti s ti- a i iii i`y ti t I il,„ C Polio 8 � , eitamR Y e w develo 2$.I.Y •Eor the addi t�sja'I l again associated uii i t ii t rit i I1' i ii r uyitlf�liose servtct�l 'bv news ' � � §��ercm.«.i� , s,'tile:but axe nt5ti f0d to law ,{p it3) 'i ' n i(I t `( ii'i' efk{o „ i, aent and fits it schgol sttel`,' a i,�,Q,�i,jnere s, a. a a ® 'stance road riSuatruedon i ua 'a ion`em S i t rzi s u g SI( t It,... r,• e�:the exf�sg§'f a B IIS i hen and tH'e', �rllderiiand or need far oneu snd other set, ed by latlttiS aeiil's`. r 45 " . • {„ � s I kkk s '" ii ,go v 1 ses A �IIinc irec b: t�.,k rc �� I J ��'� ll�'" e `�" � 1impacts a��� �dev�y�tn#qC shall inedut�e mdrect benefits such es ant �esP byre ;cons, Ictidnlobs } dieassociatedeconomieimpacts: support p`P�'� ctal trim o�' tiO4(,* lty taxe ati residential' ro housing for 'work jecessary t4 i `eco ' d odiat d .indirect bete P Pay; I. C.9.Goal and policies 1. C. Goal 9. The extraction of minerals and oil and gas resources should conserve and minimize the impact on the land. 2. C.Policy 9.1. The County encourages oil and gas drilling activities to be coordinated with seasonal production schedules. 3. C.Policy 9.2. When feasible,existing service roads should be utilized to provide access for oil and gas activities. 4. C. Policy 9.3. Determination of the amount paid by new development for such additional costs may include evaluation of indirect benefits such as sales and use taxes generated by residents;construction jobs and the associated economic impacts;support of commercial and industrial operations that pay higher property taxes than residential property; housing for the work force necessary to the economy; and other indirect benefits. (� `171",: Ie xsi ail ii; inera kN, ti j, s i I ldc s, 1.C:`Goalr� �n��a�tt�datiod`of a��;�n�oll and sia'���t�tGes shoulc��� �se'tve and rmmmize tiie impact on commescial]1,tµt a.C.'Policy'91' The County'encourages oil and gas'1d filling activities;to''be coordinate't1wit? seasonal production schedules. b:...C Pol cyi 09.x2 en easible,I ,service ds ould be o prow ne`a#c s`s fo aR and $ (a i' • J. C.10. Goal and policies. 1. C.Goal 10. Promote a quality environment which is free of unsightly materials,including but not limited to,derelict vehicles,refuse and litter. 2. C.Policy 10.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial junkyards. 3. C. Policy 10.2. Develop programs for cleanup of derelict property,junk and weeds. Sec.22-2-200. Residential development. A. The urban growth boundaries and the I-25 Mixed Use Development area are intended to accommodate residential development. Chapter 23 of this Code identifies low,medium and high density residential uses. These three(3)designations recognize differences among residential environments. The intent is to establish residential areas which reflect particular lifestyle choices, including dwelling unit type, density, environmental setting and 46 convenience levels. B. Supporting utilities and public services and related facilities are essential to any residential development. Recognition of this has led the public sector to require that residential development be accompanied by provisions for adequate facilities and services. The fiscal constraints upon the County government will not permit indiscriminate development with no regard for how such services and facilities will be provided. C. Thorough examination of issues such as compatibility with surrounding and regional land uses,availability and adequacy of infrastructure and services serving the proposal,impacts on the natural environment,and other issues shall occur in the review of all residential developments. D. Residential development occurs in the Residential(R)Zone District,the Estate(E)Zone District,the Planned Unit Development (PUD) Zone District, or the Agriculture (A) Zone District. These different districts are specifically described in Chapters 24 and 27 of this Code. E. The R-zoned districts, R-1, R-2, R-3, R-4, and R-5 vary in intensity and density, but are generally urban developments of single family lots,multi-family lots,or sites for mobile homes. It is important that these types of residential developments are located inside municipal boundaries,in urban growth boundaries or nodes,the I-25 Mixed Use Development area,or other areas where adequate services and infrastructure are obtainable. F. Estate zoned developments are more rural,and are characterized by larger lots,limited urban amenities, limited livestock and/or other non-urban components. These types of residential developments are generally located in areas at the outskirts of municipal boundaries or between towns, and must be planned in relation to the infrastructure obtainable and compatibility of land uses. G. PUD zoned residential developments may include the above mentioned R-Zone Districts or the E-Zone District, or may be part of a master planned, mixed use development. See section 22-2-210 and Chapter 27 for further information regarding Planned Unit Development. H. Residential development on agriculture zoned land is provided to aid in the continuation of agricultural production and/or to accommodate low intensity development. ttl $e:c 1t x� 0 1064Iil de Ifni i !iii w- {tt t tt tt tttttti C3 �' iS t ti its g t !'4i tti ' r tap I' I� The grit is tty es� ,nifr ir,'. ngal.r o lgwri,:: ,. ect'�£t, rtd li£bsti K tot Ls- ltaf inclu� wed uif iini tvoe.density.e%n',v atyniental setting' tm denlvemence levels!: i L {3t ttt trff{llt m ttG Il IIHOiigi 7 Ott04'66�•. ' irint iitfl£ ith lily r r i rlii t» Thorough exauh�ttti�{�att�oI`issues sitcE i� �igptgahbiltty t�t�l undthg anti � �i'�t!land uses availa`{ttYjt and si uii s nii 6 i tit£ t tt.,(r na t t>r tikh hs adequacy of infrastrttctltr and stnvtces srt mgthe pronosat:hn cis oh the natural�rJtronment and ottterissues shall occur in the rei,oeW trfall residential de# ranments. Residential deVelbntt`icnt occurs ndiamcc mential(II) onJli�I"''strict tit SiE.lk' WI It(ES Zone Distriyt't'.`kite Planned Unit £ t (' b i£FA ri II .III Development(1?T7T}'i�qPe District bf+R�!A¢�tdulturet'�'Itt� one,Distriet.�ili s'e iilfferent distncts''are'suecifically described in chaai= i' 11"au iZ7 of tb is'Ct4'd t ££ t t�` III 1 rt 3t{r L t ! t I t £Ir £ bi h facilities and sertttice3' A""'- i �:'R,t ine 't' 'la i (si c'FN�t'.I'+li �!I lliIIII 'E II G t t ''" s t 3 £ors£i ,tttliial gopIII'�ta am eei4ie"r' (f'u'uk' au developments o£sin gle-familyfats:'nikt'Iti-family lot !Ftt£s ds£or mobile iiio'ties. It is imnortant that these toes of r 47 iq ;{i t3 t'�� I 't ff 1 ��;H{{��}tppj{��j1{fI{{pI' �g t ( p�����''}w�(p7I�0 0 E)��{�III01 t,•( {�f i'�,'{ytnr {`i i;.�u"ice p FCSi (� �O}q �aTOai���t0oi1Il�1�� `"�"�®i UOII� ��ill1 nrb�l Bi'�NYFn DOU11�T18�I71'nOdeS the I-25 Mixed Uilitto st eelotlaaid 9 t t�a:ur 'Sheri :where 614 t 'servicS l {' {#hfrastructu'reial"e abtamable, B Ekiate zop�4'! opmep .a t. ihoghruralre ohaxat by.a Net, ;sheets with harts,:ditches, some limited I1t4 bi jud/or ottYOi}iiii+t�an ebtt' t TheaeT' of redden t develi9nments ait ttcnerally i; i[�j{ tit i � iii i (i�f lri located 4p�areas at�5s�: kirts of rriutnnttiol bounciar�es't{t between't6�¢i5,and must a U#aiirled in relation to the mfrast~iticlfitre o8td"D° Tole C. PtNgjarirestaailii'd6xteltrgrngitilititiiNle]yde tt}itslitiiii'Settha !�#t,�drjeDtsino�"� t#ileR-?pneDistiict; i i i fit ( i i i (i P I I t i i i i lit }i Fitt i li or may ire pact of a m1� ' ed.mnt��e i eloDment.i fee`seehon R�.��r�10 for further tiifolruation about Plannocll ittilllevelr% ;t t 3Qi i� tq i I{{�((((��{{{{��{{��f{�iin�iir,,' t tt (�kigL ,{s!�,t w7a ittit i•77i,,t��ghh��,, ia)HH�� tgg�� {tI w• t D .. � deVii ;4pI%.�a41 ��� °�° '[i7��'id air]7ly i'tn1'a��D�rllinatlOn Ofa£°ttCn#tnral DrhdllChOnandtihtiitiii iee`OOnllodat$Ii i� S 1'v, ti tt d't Section 22-2-210. Residential Development Goals And Policies. The following Goals and Policies are established for Residential Developments: A. R.I.Goal and policies 1. R. Goal 1. Urban residential 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, urban growth nodes,or where adequate infrastructure is obtainable. 2. R. Policy 1.1. The County should encourage an efficient form of urban residential development by directing urban residential growth to those areas where urban services and infrastructure are obtainable. 3. R.Policy 1.2. Urban commercial and industrial development will be encouraged when the subject site is located inside an approved intergovernmental agreement area,urban growth boundary area,I-25 Mixed Use Development area,urban development nodes, or where adequate services are obtainable. This policy is intended to support urban residential uses. B. R.2 goal and policies. 1. R. Goal 2. Ensure that adequate public services and facilities are available to serve the residential development or district. 2. R. Policy 2.1. The land use applicant will demonstrate to the Board of County Commissioners that adequate sanitary sewage and public water systems are available to all residential development,and that the street or highway facilities providing access to the property are adequate in width,classification and structural capacity to meet the requirements of the proposed district or development. Access between public roads and the proposed residential development or district should be granted only after consideration is given to the land uses and traffic patterns in the area of development and the specific site. Internal road circulation,off-street parking, acceleration and deceleration lanes, common access collection points, signalization and traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the development. 3. R. Policy 2.2. Applications for residential development should be reviewed in accordance with all applicable policies and goals contained in this Chapter. _it' , soot 48 ii €I�lIJIT R€ �„Il,t,i {� , T." IZ' �'�oi +r'bv�1 , .ofa¢t�� : �� '1t5 ����« t�resti���lZ�i:;dsmav�seoceiriatimbdatedwhen the subieeCl'site is uuietji' € St cati €' §uefi detleltittktent. a Eu ncv 2':1x:1) €' Ni4tal cdni �jifNn wi IEsitlere'i�'€€ rlState zoneu'teSiden ial uses are propose t b. ji �yt ddgr ," "€ tatetsi�eentialdve "liehtshellltie`c� trmnedbvthe irCCastruct»t'u I `,i C. R.3 goal and policies 1. R.Goal 3. Conversion of agricultural land to other uses may be accommodated when the subject site is in an area that can support such development. 2. R Policy 3.1. Regional compatibility will be considered when residential uses are proposed. 3. R Policy 3.2. The size and density of residential development shall be determined by the infrastructure and services that are available. D. R.4 Goal and policies 1. R.Goal 4. Promote efficient and cost-effective delivery of public facilities and services to residential development or districts. 2. R.Policy 4.1. The County should encourage a compact form of urban development by directing i-. residential growth to urban growth boundary areas and to those areas where urban services are already available before committing alternate areas to residential use. 3. R.Policy 4.2. All residential development proposals should be reviewed in accordance with all state and federal standards,including but not limited to the requirements of the Clean Water and Clean Air Acts. 4. R. Policy 4.3. New residential development should demonstrate compatibility with existing surrounding land use in terms of general use,building height,scale,density,traffic,dust and noise. 5. R.Policy 4.4. Conservation of natural site features such as topography,vegetation and water courses should be considered in the project design. E. R.5 Goal and policy 1. R.Goal 5. Provide mechanisms for the division of land zoned Agriculture to accommodate low intensity development. 2. R Policy 5.1. Employ planning techniques such as exemptions,clustering, easements etc.,to allow a portion of a parcel to be developed into residential lots while retaining tracts that can continue to be used as agricultural lands or other low intensity developments. F. R.6 Goal 1. R. Goal 6. Promote the development of affordable,quality housing for all County residents. 2. R.Policy 6.1. Opportunities for housing developments including,but not limited to,multi-family and r 49 manufactured homes, should be provided to encourage lower cost renter or owner occupied housing. 3. R. Policy 6.2. Affordable housing developments should be located within a reasonable distance of employment,community centers,parks,shopping areas,and schools,or where transportation services can be provided to enable access to these areas. 4. R.Policy 6.3. Provide for appropriate accommodations suitable for multi-generational or caretaker quarters. COMM `EE' 11' o rc 1131 i °stabli§ sses' ide f "r'!f 4' ks!s otidtoi " hie suC I �I tir' multi•'Se4&6tionai b�i'caretak���i' 'drs: 5. R.Policy 6.4 The County will consider proposals which provide affordable housing which include, but are not limited to,higher density,reduced amenities,reduction in open space requirements. G. R.7 Goal and policies 1. R. Goal 7. Ensure that adequate public services and facilities are obtainable to serve the residential development. 2. R.Policy 7.1. The land use applicant will demonstrate to the Board of County Commissioners that adequate sanitary sewer and water systems are available to all residential development,and that the roadway facilities providing access to the property are adequate to meet the requirements of the proposed development. 3. R.Policy 7.2. Applications for residential development should be reviewed in accordance with all applicable provisions of this Code. 4. R.Policy 7.3. Applicants for development are responsible to determine the status of a well through the Colorado Division of Water Resources. H. R.8 Goal 1. R.Goal 8. The compatibility between new residential development and existing surrounding land uses will be considered. E 1. l;`tq, 6 6. o4 'J I istine sir"ibttiit ine land uses will.bL eonsidered; `'' R.PdIIIYj° Nieatti l eS s1iE !Eiisideil �r!ess inckhnMii�i'ty issues♦ I. R.9 Goal and policies 1. R. Goal 9. All new residential development should pay its own way. 2. R.Policy 9.1. Provide mechanisms whereby new development pays for the costs of infrastructure directly related to the development. 50 3 R.Policy 9.2. Determination of the amount paid by new development for such additional costs may include evaluation of indirect benefits such as sales and use taxes generated by residents;construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property; housing for the work force necessary to the economy; and other indirect benefits. b id 14111DIP ` oftfte cts Of # ' til d ' shall str�jra ect benefits such � { ( f + Niiii as W644,110 ta'1t�5I by to i nstt� ,! Ord h�fi'47' econo4ii�� {� t support of j 4 A{+n+ � } tin• II'viiiti` t<<I is comr}terc}al and � a��peratiogs iSI� Gherpro��es than r��ht��rororoerty ho rn�foi•the work foreefiecessarv'tinitiellee6itnv: ti' dtrecth fir' J. R Goal 10. 1. R Goal 10. Encourage creative and innovative approaches to address present and future federal and state guidelines regarding: a. Senior Housing Opportunities. b. Affordable Housing Opportunities. c. Special Needs Housing Opportunities. K. R Goal 11. 1. R.Goal 11. The extraction of minerals and oil or gas resources should conserve the land and minimize the impacts on residential development. E i. • .r i ,• II{ " {{I�tp�{ Ilipv �n { IS.{yt{'i,,. ,^,yii { {�}f�}�tt li,{,IINii• 'I � � I,IIIIi� . 1. • • nmtot , 'f{X1Evt q ,1!Srifl'llllent."W /iDPUk16� 'Of'IliIS12�tP1 �LCn��a«� e�lldmB bUtEt(4ted to.intauerable vehiclest{, ! and hater; a, l.... "lici±91 Pro 'ek uldde 'n ih a ii � �{ �lw #Y�� �3��h���onstbthtif'ki {hW�'' lutabvminiw9tnesaf�[y apd;hfe� dlhlr hazazd����'��y�I.'dultitu� darn 'but not if AI :Iderelret stiie"tijirelict vehicles',iandinbn- e6ltlmEteial'.iunkvarM h`t'i'0'ullev c3' (I1 � 1`ends;'R{{I'`{ j is "eteflrt„ • and cvebi; Sec.22-2-220 Planned unit development. The Planned Unit Development(PUD), found in Chapter 27 of this Code, is intended as an alternative means for development by allowing a departure from the standard land use regulations.A planned unit development is a method used to review the subdivision as a unified and integrated development. The PUD process shall not be used to circumvent or distort the goals,policies or requirements of this Chapter,Chapter 22, and Chapters 19,23,24,26 and 27 of this Code. The objective of the PUD is to encourage flexibility and variety in development. Planned unit developments can benefit County citizens by promoting more efficient use of land,greater provision of open-space and improved aesthetics. The basic objectives of the PUD are to incorporate the best features of modem and integrated design which encourages innovation,flexibility,variety and the efficient use of land while being compatible with current regulations and the objectives of zoning laws. A PUD must provide for necessary services and amenities,and should seek to preserve or enhance a site's unique natural as well as scenic characteristics and minimize the impact on r 51 transportation facilities.To this end,the Planned Unit Development is considered the preferred method of development, ..--' particularly for mixed use developments. ,,,,,:MS in: S I A S tI IIlS:: t� #t !!I tFat!' ` x! i SI 3 @`; ,; t n The P] e nit Development(Pill)} fot td=i Chapter 2 #,rof this Code,��is intended as# `'alternative means for development by allowing a!departure from'#he standard and Oise regulations.A planned unit development is a method used to review the subdivision as a unified ands,i ie ra"teel'develtln,S e>rn#, The PUS}process shall not be used to circumvent or distort the coals poi elejr or reoutre is C +ter Chanter 22.'an d Chanters 19.23.24 24 and if �I ,I A : ` : , fart T ti iili 27 of this Code. Tae objective n( , ' pis toe flexibility:'+ variety m deal' p nt It is ac owledUcd that the encour e nt of flexiblll frariety rit ot}le fully ah• :05'all technical ii rpgulatory requirements of the Code erefore the intnt oof certain ele ' ' `iI''''t the ..' 1 r sa 'sf r'``' e rive ways that are not specifically described iii e ::The C enc0 a' I, N i . si r y a ve anpri) . ci v.... .enl neii<na while nrotectina e'health safe j welfare)o I I' t t ,'. J.tli d s �' thus eL�'ilte I lonned Unit l'a�reYonment is i : considered to lie the nreferr illiit`hodNfor review.. ntitlement- s s`,:uttativ for 'mixed= itlevelonments. Sec. 22-2-230. Planned unit development goals and policies. The following goals and policies are established for planned unit developments: A. PUD.1. Goal 1.PUD.Goal 1 Maintain land use regulations that allow County officials to review development proposals which combine uses by right in two(2)or more zone districts,or which in some manner qualify as a planned unit development according to the definition set forth in Section 24-1-40 of this Code.In an effort to promote the PUD process for development review,the County will cooperate with the development applicant to achieve the objectives of the applicant while ensuring the proposal meets all health and safety needs;meets the intent .0—. of the zone district(s) applicable to the land use proposed; meets the intent of the goals expressed in this section; and conforms to the Weld County Comprehensive Plan. Co t.:: lir APt ! !' �' 1 ����� y 4t'����� �' �!�1.P'yi il'03 flak + ' ..r it to"'f‘'', the PUD fiR1 eu'elon`mett�0w' "e,�'County Mfil' oDer'ate ia� `foal l ���,��,r.i + ++m (_ � 7 3�E II I S i S I# 1 with a velopment a ' e ± " ' #t '' 6#tns i v) t the ableotivtdI !t}t)nhcant} ae edli fit%thte nr000sal meets #Ii Iii iI intent ofthe e dli z n heable to , .,,., e aronosed.meets the intent'tiff thei'aoals exnressed'in i's`section:and`confo "m ` the Weld County Co m'inre`hensive Plan. B. PUD.2. Goal 1. 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, urban development nodes, or where adequate services are obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the zoned agricultural district and other zoned districts that allow urban uses. In addition,this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public service in rural areas for uses that require services on an urban level. C. PUD.3. Goals and policies 1. PUD.Goal 3. Maintain land use regulations that allow County officials to review development proposals which may combine uses by right in two(2)or more zone districts,or which in some manner qualify as a planned unit development according to the definition set forth in Section 24-1-40 of this Code. 52 2. PUD.Policy 3.1. An application for a planned unit development within a municipality's urban i^^ growth boundary area should be reviewed in accordance with the urban growth boundary and planned unit development goals and policies: a. PUD. Policy 3.1.1. An application for a planned unit development within or adjoining an unincorporated community should be reviewed in accordance with the unincorporated community and planned unit development goals and policies. b. PUD. Policy 3.1.2. An application for a planned unit development in areas designated for agricultural use should be reviewed in accordance with the agricultural and planned unit development goals and policies. D. PUD.4. Goal 1. PUD.Goal 4. Encourage creative approaches to land development which will result in environments of distinct identity and character. 2. PUD.Policy 4.1. Flexible design elements of a planned unit development should consider compatibility with existing and planned uses on adjacent properties and within the planned unit development. Design elements to be considered include, but are not limited to: general use, scale, density, architecture, distance between buildings,building setbacks,building height,street design,traffic impacts,off-street parking, open space,privacy,signage,screening and landscaping. 3. PUD. Policy 4.2. A planned unit development which includes a residential use should provide common open space free of buildings,streets,driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation. Some planned unit developments may not require common open space depending on their type,density,or other factors. 4. PUD. Policy 4.3. Conservation of natural site features such as topography,vegetation,and water courses should be considered in the project design. E. PUD. 5. Goal. 1. PUD.Goal 5. Demonstrate that adequate facilities and public services are obtainable to serve the PUD or zone district. 2. PUD. Policy 5.1. Creative and innovative approaches to obtaining adequate facilities and public services will be considered. 3. PUD.Policy 5.2. All new development should address the Transportation Section of this chapter. Access to properties should preserve the existing or future function of roads and highways affected by the proposed development. All development circulation systems should be designed so that it does not disrupt highway travel.The traffic impact to the public road system of the proposed development shall conform to the standards established by the Department of Public Works and the Colorado Department of Transportation. Dedication and improvement of roads and frontage roads may be required as a condition of development. 4. PUD.Policy 5.3. Creative and innovative approaches to internal road systems will be considered. F. PUD.6 Goals and policies. 1. PUD.Goal 6. Promote efficient and cost-effective delivery of facilities and public services in the PUD 53 or district. 2. PUD. Policy 6.1. A proposed planned unit development or expansion of an existing planned unit development should be subject to the following provisions or other adopted regulations by the Board of County Commissioners: a. PUD. Policy 6.1.1. Flexible design elements of a planned unit development should consider compatibility with existing and planned uses on adjacent properties and within the planned unit development.Design elements to be considered include,but are not limited to: general use,scale,density, architecture,distance between buildings,building setbacks,building height,street design,traffic impacts, off-street parking,open space,privacy,signage,screening and landscaping. b. PUD.Policy 6.1.2. A planned unit development which includes a residential use should provide common open space free of buildings,streets,driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation. Some planned unit developments may not require common open space depending on their type,style and density. c. PUD. Policy 6.1.3. The developer should provide for perpetual maintenance of all commonly shared land and facilities. The County should not bear the expense or responsibility of maintenance for any commonly shared land or facilities within the planned unit development. d. PUD.Policy 6.1.4. Conservation of natural site features such as topography,vegetation,and water courses should be considered in the project design. e. PUD.Policy 6.1.5. All new development should comply with the Transportation Section of this chapter. Access to properties should preserve the existing or future function of roads and highways affected by the proposed development. All development circulation systems should be designed so that it does not disrupt highway travel. The traffic impact of the proposed development shall conform to the standards established by the Department of Public Works and the Colorado Department of Transportation. Dedication and improvement of roads and frontage roads may be required as a condition of development. G. PUD 7. Goal. 1. PUD. Goal 7. All new planned unit development should pay its own way. 2. PUD.Policy 7.1. Provide mechanisms whereby new PUD pays for the costs of infrastructure directly related to the development. 3. PUD.Policy 7.2. Determination of the amount paid by new development for such additional costs may include evaluation of indirect benefits such as sales and use taxes generated by residents;construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property; housing for the work force necessary to the economy; and other indirect benefits. C G. 0: It Da 006, 3`i k I�itit N i i r) 7 4rl U { T. Croa1`�:I �� �P��� �}� � Rt's�i`�i���I� ��� �dtway.{ a. j I(f Vrti.PT't iYtiiiii ' 'ir4 ns V k r 54 tare�.tii�4 )dti , { � >ft u 1 III !. ,,,.�It Ii, ii b, ,' PIfD I� � 7 2 oftha cts off: ,1�s�flutd tl,clt� i n�ect be�Se is such as rr sales alit otfuites getiq .. �buk stile ;fa. dtion(lq bete assn a u . ' Ohmic lgigUpts•support ofcopgir¢;al andrgt z# rngera ao ' 'hi ¢�' "'# tyFtaxes ' � Mdetitialurontlft 'housine S for ivai'k'"force ribe �i khrfo the odd "d dth �i benef tWU H. PUD. 8. Goal 1. PUD. Goal 8. The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on Planned Unit Developments. I. PUD. 9. Goal and policies 1.PUD.Goal 9. Promote a quality environment which is free of unsightly materials,including but not limited to,derelict vehicles,refuse and litter. 2.PUD.Policy 9.1. Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures,derelict vehicles and non-commercial junkyards. 3. PUD.Policy 9.2. Develop programs for cleanup of derelict property,junk and weeds. Sec.22-2-240 I-25 Mixed Use Development Area and Urban Development Nodes. A. The Mixed Use Development Plan(MUD)and urban growth nodes are intended to provide a foundation to enable the County and its citizens to make appropriate decisions regarding future development within a specified area. Conservation of natural resources,development of quality communities,provision for regional services and employment opportunities,and maintaining fiscal integrity are the key factors driving this type of development plan. Mixed Use Development Plan Land Use Principals,such as the 1-25 MUD and urban growth nodes,are based on five 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 Structural Land Use Map 2.1,the most recent copy of which is on file at the Clerk to the Boards office and the Department of Planning Services and Table 22.4,promotes appropriate levels of facilities and services for the entire MUD area. These components are defined in Chapter 26,Article II Section 26-2-20.C. of the Weld County Code. C. The Urban Development Node is defined as: 1. A site location of concentrated urban development located along or adjacent to the intersection of two(2) or more roads in the state highway system; or 2. A major concentration of development that requires appropriate infrastructure,well-designed and managed road access and high visibility. The boundaries of these areas are identified as being located within a one- quarter mile radius of two(2)or more roads in the state highway system. The development standards in these areas are based upon the impacts which urban development will have on the landform,requiring the application of urban use standards which are located in Chapter 23 of this Code. The urban development nodes are delineated on the Urban Growth Boundaries Map,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. 3. Land Use Components are delineated on Structural Land Use Map 2.1,located in Appendix 22-H,the 55 most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. Sec.22-2-250 MUD Goals and policies. The following goals and policies are established for mixed use developments: A. MUD.1. Goal and policy. 1. MUD. Goal 1. To plan and to manage growth and to provide for ease of inclusion in the I-25 Mixed Use Development area and urban development nodes so as to balance relevant fiscal,environmental,aesthetic and economic components of the area. 2. MUD. Policy 1.1 An I-25 Mixed Use Development area and urban development nodes should be established and delineated on the Structural Land Use Map. B. MUD.2.Goal and policy. 1. MUD.Goal 2. To assure a well-integrated,balanced,transportation system which meets the public need with maximum efficiency,comfort,safety and economy. 2. MUD.Policy 2.1. All proposals for commercial,industrial and residential development within the I- 25 Mixed Use Development area and urban development node overlay district should use the PUD application process and regulations. The PUD process will allow developers flexibility and variety needed to offer a range of products,services and uses. It will also give the developer an opportunity to explain the development plans to surrounding land owners and the County so that important information about land use compatibility and services,facilities or utilities needed to serve the proposal are determined to be adequate. 10"- C. MUD.3. Goal and policy. 1. MUD. Goal 3. To 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 County and the area. 2. MUD.Policy 3.1. New development should avoid adverse impacts to surface and ground water quality and should implement techniques to conserve such resources. All planned unit developments within the mixed use development area shall use the sanitary sewage disposal facilities provided by the appropriate sanitation districts. PUD water supply systems should be provided by a rural water district,company, association or municipality. D. MUD.4. Goal and policy. 1. MUD. Goal 4. Facilities and infrastructure which are included in this area should be evaluated in order to minimize discrepancies,promote a better understanding of growth dynamics in the area,avoid duplication of services,provide economies of scale and ensure coordination of municipal,county,regional,state,and other growth policies and programs. 2. MUD.Policy 4.1. New development should consider compatibility with existing surrounding land use in terms of general use,building height,scale,density,traffic,dust and noise. E. MUD. 5.Goal and Policies 1. MUD.Goal 5. All new development in the Mixed Use Development area and urban development nodes 56 should pay its own way. 2. MUD.Policy 5.1. Provide mechanisms whereby new development pays for the costs of infrastructure directly related to the development. 3. MUD. Policy 5.2. Evaluation of the fiscal impacts of new development shall include indirect benefits such as sales and use taxes generated by residents;construction jobs and the associated economic impacts; support of commercial and industrial operations that pay higher property taxes than residential property; housing for the work force necessary to the economy;and other indirect benefits. F. MUD. 6. Goal 1. MUD. Goal 6. The extraction of minerals and oil and gas resources should conserve the land and minimize the impact on Planned Unit Developments. G. MUD.7. Goal and policies. 1. MUD. Goal 7. Promote a quality environment which is free of unsightly materials, including but not limited to,inoperable vehicles,refuse and litter. 2. MUD. Policy 7.1 Property owners should demonstrate responsibility of ownership by minimizing safety and health hazards resulting from,but not limited to,derelict structures, derelict vehicles and non- commercial junkyards 3. MUD. Policy 7.2 Develop programs for cleanup of derelict property,junk and weeds. r 57 ARTICLE III Land Use Amenities Sec.22-3-10. Public facilities and services. A. The effective and efficient delivery of adequate public services is one of the primary purposes and benefits of effective land use planning. Public services are government services such as police and fire protection, health services and welfare, and educational services and programs. Public facilities are physical structures and infrastructure such as schools, libraries, roads, maintenance facilities, water distribution systems and sewage treatment facilities. Municipal governments, county governments, special districts and private companies are capable of providing such services and facilities. B. Because of the expense and limited available funding,proper allocation of public facilities and services is important. Revenue to support public services and facilities in unincorporated Weld County is usually generated by levying property taxes and user fees. C. The type,intensity and location of a land use proposal are factors that determine the type and level of services and facilities required. Effective and efficient delivery of services and facilities can be promoted by assessing the needs and impacts of a land use proposal,along with the existing and planned capabilities of the service and facility providers at that location. D. One basic objective of the County is to plan and coordinate a timely, orderly and efficient arrangement of public facilities and services. In accomplishing this objective, municipalities are considered to be the principal provider of services and facilities for urban uses. E. Municipalities have the ability to coordinate the provision of adequate urban facilities and services under powers granted by state statutes and the Constitution. The adopted urban growth boundary areas are the most logical areas for urban development to occur. Municipalities are designed to accommodate concentrations of development and are in a position to plan the expansion of existing facilities and services,as well as to coordinate the development of new facilities and services. F. Alternative facilities and service systems (for example Special Districts) may be used for urban type development within the I-25 Mixed Use Development area,urban development nodes or urban growth boundary areas,with certain restrictions. The alternative facility and service systems must comply with the standards set forth in this Chapter and Chapters 23 and 24 of this Code. Systems that are proposed to be located within a municipality's urban growth boundary area may be required to develop in such a manner that they are compatible with the standards of the municipality most likely to phase services into the area. They also may be required to meet state regulations and standards. G. In determining service and facility adequacy for a land use proposal,it is the policy of the County to consider any evidence submitted by the representative of an entity responsible for providing such services or facilities. In addition,the following minimum service and facility standards must be met in determining if public services and facilities are adequate for residential,commercial and industrial development. Sec.22-3-20. Fire protection. A. Fire protection is a basic provision required for development activities in the County. While the County encourages that where and whenever possible,fire service providers should utilize the highest available equipment, standards and services,the County realizes that often fire protection providers are volunteer rural fire districts with r 47 limited service abilities and personnel. Therefore,the following standards have been developed for adequate fife protection which will be considered as minimum unless more stringent standards such as fixed fire protection are required to meet the specific demands of individual land uses. 1. A rural water system must have sufficient volume each day of the year to control and extinguish any and all potential fires at the proposed development site or zone district. 2..Roads serving the development must have a surface that is sufficient to travel every day of the year for the purpose of controlling and extinguishing any and all potential fires at the proposed development site or zone district. 3. The water supply system serving the 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 pressure for thirty(30) minutes. 4. The initial travel time to arrival at location of a fire or emergency should be less than fifteen(15)minutes from the time a call is received from the dispatch center providing service. 5. Any proposed development or zone district for the purpose of development should be located within a five-mile radius of a rural fife protection station. 6. The entity providing fife protection should have the ability to respond with a minimum of two(2) firefighters per pumper. 7.Fire protection should be provided twenty-four(24)hours a day. iiiiii I ,'s-- t„k tf i v tikltR ilI111Yt7pI,P'i ! r,ati7{tt till 71317 ii yltliii q i {{ t tIt>i fit, i, " A. ire protect '� i1a to prbvrsioii t t}t o ,1q„develop titdtiies m the ;4,,, Ty' ;,rile the County encoura s t e 4�and when i' (�' " ( I k encourages 0 ty p di i , , , find 'fI p Qwders are i',wow,ur available equipment, With standards an i{to C es,ithe Conti' t 1I at often ftte "I III n providers are V 1 teer rural fire districts with limited seryt,tinit es,and Peg. .0,1i 1 P'I4`iit 1{it I 1' II tin{t I i l' i. III n G i , IA7"iPt i ti p SI i �� 1.Roads se development to { '�''',,!}t0e that t 0 try tavel �a t of iM year for the purpose of 062,4 I extinguishing jy ' 1potential,!,, 1 # p, diii7 . . fite proposed deeloptrient site or zone district. t.t till li` t BS,f,i' ii d'41,14'pfjJfj 7 tali;:! 2. izo) ti 'ouldbf`tg`� 'f� �ttcn�fo�tN4A����Iciay B. The intention of this Section is to provide a minimum level of protection against the destruction of life and property from fife. However,the local jurisdiction having authority to enforce the fire code,has adopted such code and actively enforces such code may have additional requirements that are not listed. CO �i n I;ix II{ ji7,7 tit i.tt'S iI1 III IIII. tt Ii 7N (i III iG it iii Ilii .. B The' 0tl. Sectbh t4 1de a basic lev i n against igla c i6n of life ario pro 6, (kiiii7,r I,, N I{ ,i3 { 7 iia i3 ( iiilq .r.II is '3' 'Ii` , from fire. HO or e local HSOcttoti iia p authori t ¢cF the fire co e,' adopted such'code and actively enforces sucl 'c idt khray have additiondt i' kirlements tlidY' k''' ISt listed. C. Areas outside determined fire protection districts or those districts which have not adopted standards shall demonstrate that fire protection is provided to the development as determined by the appropriate fife protection district. D. In an effort to conserve quality water resources, especially in outlying areas of low density development, 48 creative and innovative approaches to fife protection and prevention may be considered as approved by the appropriate fire district. For example: strategically locating fire hydrants for refill purposes along roadways, sprinkler systems,on-site tank or reservoir water storage,etc. Sec.22-3-30. Law enforcement. A. Law enforcement should include those acts and duties of the Sheriff by state statutes and the Home Rule Charter. These include,but are not limited to,the following: 1. Keeper of the County jail and prisoners therein; 2. Service and execution of all process,writs,precepts and other orders issued or made by lawful authority directed to the Sheriff;and 3. Apprehending and securing any person for violation of state statutes and,when directed by the Sheriff, this Code. B. Law enforcement should include the provision of acts and duties required by the Sheriff when requested by a citizen. 1. The sheriff is encouraged to develop formal agreements with other law enforcement agencies to make certain all areas of the County have prompt response. C. Law Enforcement is a basic provision required for development activities in the County. The County encourages that where and when possible law enforcement provision should utilize the highest available equipment, standards and services. The County realizes the geographic size of Weld County and will strive to provide a basic level of law enforcement service with the abilities and personnel available. Sec.22-3-40. Public facilities general requirements. The following services and facilities must be determined adequate and in accordance with the requirements set forth in this Chapter and Chapters 23 and 24 of this Code prior to the zoning of a parcel for development or the development of an industrial,commercial,residential or planned unit development subdivision: A. Availability of an adequate water system; B. Availability of an adequate sewer system; C. Availability of an adequate transportation system; D. Availability of adequate fire protection; E. Availability of adequate law enforcement; F. Availability of adequate school facilities;and G. Availability of adequate parks and open space. Sec.22-3-50. Public facility and service goals and policies. The following goals and policies are established for public facilities and service: 49 A. P.1 Goal and policy. r 1. P. Goal 1. Promote efficient and cost-effective delivery of public facilities and services. 2. P. Policy 1.1. Consolidation of public facilities or services and coordination between providers should be encouraged to avoid duplication of costs and promote efficiency. 3. P. Policy 1.2. The county will encourage the development of cost effective transportation and circulation systems by encouraging higher density uses in the area around existing municipalities,mixed use development areas or activity centers. This will help ensure that maximum efficiency and use are derived from investment in public facilities. 4. P. Policy 1.3 . Any proposal for development or the creation of a zone district for the purpose of development should not produce an undue burden on existing county facilities. B. P.2 goal and policies. 1. P. Goal 2. Require adequate facilities and services to assure the health,safety and general welfare of the present and future residents of the County. 2. P.Policy 2.1. Development that requires urban services and facilities should be encouraged to locate within a municipality,urban growth boundary area, I-25 Mixed Use Development area,urban development nodes or where adequate services are available. 3. P. Policy 2.2. Development will be required to pay its proportional share of the local costs of infrastructure improvements. 4. P.Policy 2.3. In evaluating a land use application,the County will consider both its physical and fiscal impact on the local school and fire district. If it is found that the district involved will,as a result of the proposed development,require additional facilities or incur costs requiring additional local revenues,the land use project will be required to contribute funds to the district for the costs directly attributable to the project in accordance with the law. 5. P.Policy 2.4. Multi jurisdictional coordination of services and facilities will be encouraged unless it will lead to development that is not compatible with other County goals and policies. CO* P. P il" ilidpol 'a iii si t}iR I ry ' h i7i, II tIi " 7It III' Itrt. 7;, t'ir 1 .` oa12 ad 7 tte �� ��ees iq�a��Ie healthy i ��and gege�ali elfare of i ltii'I {,kilt „ t I it ��'' th I iasent an }„ resrd 7 7 • , coIs t e`velopme' , ies',or yr i' iditate obtn' b P.'P0licy'2 2711 VClopti3ert3,,ll bere't'c64. to pay t:. ort onal,share;;pf the local costs;of infrastiPOil itnPra ts, P.Pa ttis: :, ;i p7l t ii r, 1 Ot*� is:i I" any fis�a'� i t '. i h �r I �}.yii i �rr R ! j II �I I � $114 on#lt 83 4{ �11t of the pt posed level,. e t,lrequ , #oral IY me Vequit l honal loea7 , pnues,the 50 1I 5¢' t lI I Ia t i 1 i•7 I(j pi'li { k4 1 tltl4' { l lny i 3 li lz. k l Ii;.i usO aect �l r �d e iiiaiiid jto ttiaj tiac tlt�t#� it co'sti118izectty aiaiitutable rill Projtejjt �eedt 9iwti .04w, d 4��YOt1C I ' 'I��P 1 1 I Ill h �'tl 1 iY I 'Isl I �kl ,4uI. Ink III t„I' ',IL' iiwi drd f cgoon cea 1tacift o l be'*outaged wiles it will Lead Yg ttlop j ltat islco `; if III mph ,wtttil eK'co goals ollcies. Sec.22-3-60 Transportation A. The County's transportation system is intended to provide for the safe and efficient movement of people and goods through the County. Maintenance of a good transportation system opens the door for economic viability. The State and County road systems should provide a functionally integrated roadway network. B. Recognizing that expansion of urban/rural development and resulting higher traffic volumes and speeds are inevitable,agricultural operations must share the responsibility for safe highways by utilizing all safety precautions available when entering and using the county road system. i.e.Escorts,warning lights,restricting use at night and during periods of low visibility. C. Established standards should guide the development of the transportation system throughout the unincorporated areas of the County. The Roadway Classification Plan,the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, identifies the roadway,railroad and airport facilities in the County. Pedestrian,bicycle trails and scenic road byways are identified on the Recreational Transportation Facilities Map. D. The Roadway Classification Plan reflects the County's vision for the future. To maintain a reasonable perspective of the County's transportation network,it is essential that updates to the Roadway Classification Plan be made. The impact of major centers of employment or other significant land development activities could this Roadway Classification Plan. For this reason,review of significant proposals for changes in land use should be accompanied by a corresponding review of this Section. All roads shall adhere to the standards set forth in the most current Roadway Classification Plan approved by the Board of County Commissioners. E. In order to have an efficient transportation system,all jurisdictions should coordinate respective transportation goals and policies. Sec.22-3-80 70 Road classifications. The County's road systems includes arterials,collectors and local roads. It generally serves travel of a countywide nature rather than statewide. The County's road system constitutes routes where predominant travel distances are shorter and speeds are more moderate than those typically associated with the state highway system. See the most current Roadway Classification Plan approved by the Board of County Commissioners. For characteristics of the classifications listed below,refer to the Roadway Classification Plan. A. Arterial roads. Arterial roads provide for trip lengths and travel densities for substantial or countywide travel. B. Collector roads. Collector roads expedite movement of traffic in the local area. Collectors serve a dual function between mobility and land access by connecting local roads to arterials. Collector roads serve smaller communities and neighborhoods. C. Local roads. r 51 Local roads provide direct approaches to individual properties. A local road should move the traffic from a developed area and lead it into a collector road. Local County roads are designed for lower speeds and lower traffic volumes. D. Road access. Some degree of access control should be included in the development of any road,particularly a new facility where the likelihood of commercial development exists. The functional classification of any road should be coordinated with the land use plan to ensure that the desired degree of access control can be maintained through the provisions of Chapters 23, 24 and the most current Roadway Classification Plan approved by the Board of County Commissioners. Sec.22-3-80. Pedestrian and bicycle paths. A. The involvement of pedestrians and bicycles in traffic is a safety consideration in highway planning and design. Pedestrians and bicyclists are a part of the roadway environment, and attention must be paid to their presence in rural as well as urban areas. B. The bicycle has become an important element for consideration in the highway design process. Fortunately, it is practical for most of the mileage needed for bicycle travel to be comprised of the street and highway system much as it presently exists. Paved shoulders and other appropriate design considerations can considerably enhance the safety and capacity of routes for bicycle traffic. The existing street and highway system shall be utilized. Off road paths or trails should be encouraged. C. Some municipalities within the County have identified specific pedestrian/bicycle trails. Counties and municipalities adjoining the boundaries of the County have made similar provisions for pedestrian/bicycle paths. The logical extension and development of these trails will eventually lead to increased pedestrian/bicycle activity. Appropriate accommodations must be made on future road improvements to ensure safety. The identified bicycle trails being promoted in the County are shown on the Recreational Facilities Map and in the most current Roadway Classification Plan approved by the Board of County Commissioners. Sec.22-3-90. Scenic road byways. A. The Pawnee Buttes Scenic Byway represents the only scenic roadway designated within the County. The scenic byway begins in Ault,routes east along Highway 14 then travels northward through the Pawnee Grasslands, passing the Pawnee Buttes before turning south on Highway 52 and ending in Fort Morgan. This scenic byway is identified on State Highway maps. Appropriate signs delineating the route are strategically located to keep the motorist on the appropriate route. Through the Pawnee Grasslands, the trail Byway utilizes the existing gravel roads that are regularly maintained by the County. B. No other scenic byways are provided for in this Plan. Sec.22-3-100 Regional plans. Federal and state legislation requires transportation planning. The County plays an active role in two (2) organizations. The Upper Front Range and the North Front Range Transportation Planning Regions represent the diverse urban and rural nature of the County. Each of these planning organizations has developed a plan for the future growth of the region. To provide for the logical growth of the region,the County should coordinate with these planning organizations and other regional planning organizations having contiguous borders with,or impacting,the County. Sec.22-3-110. U.S.85 corridor. A. U.S. Highway 85 between Wyoming and the Denver Metropolitan Area is a vital corridor providing a 52 transportation link serving all of Weld County. B. With this in mind,the Colorado Department of Transportation has completed the U.S. Highway 85 Corridor Study to address the ability of the corridor to efficiently move traffic. The Upper Front Range Regional Planning Commission has recommended the implementation of an Access Management Plan which is incorporated in an agreement between all governmental agencies in Weld and Adams Counties that have authority over land use along the U.S. Highway 85 corridor. C. The Comprehensive Plan contained in this Chapter recognizes the importance of preserving the efficiency of the U.S.Highway 85 corridor and encourages the cooperation of all interested parties. Sec.22-3-120. Air transportation. A. The Greeley-Weld County Airport is located two and one-half(2%z)miles east of the City of Greeley,on the north side of Colorado Highway 263,between County Roads 43 and 47. The Airport has been in operation since 1943 and provides the City and County with convenient access to general aviation facilities,particularly business aviation. The Greeley-Weld County Airport is the third busiest general aviation airport in the State, routinely accommodating in excess of one hundred sixty thousand(160,000)operations(takeoffs and landings)per year. The Airport is classified as a general utility airport,capable of accommodating all types of general aviation aircraft. B. An Obstruction and Approach Overlay District Zone has been established to address incompatible building height. Reference should be made to the Greeley/Weld County Airport Master Plan regarding other issues of incompatibility. C. Airport site development and operations compatibility between the Airport and surrounding land uses are important land use and zoning issues,and necessitate continuous planning to avoid conflicts. Noise-sensitive areas, such as residential developments,certain uses and structures have traditionally caused conflicts with established activities at most airports,and can pose a hazard to aircraft. To alleviate this problem,an Airport Overlay District has been established. D. The Tri-County Airport is a small general utility airport/airpark located in southwest Weld County,north of Colorado Highway 7 and west of County Road 3. The Tri-County Airport serves light single-and twin-engine aircraft in Weld,Boulder and Adams counties,conducting approximately fifty thousand(50,000)annual aircraft operations. E. There are several smaller private-use airports throughout the County. These airports serve personal needs and are generally simple dirt landing strips. Typical uses of these landing strips are generated by agricultural spraying and light engine recreational uses,for example. The location and use of these smaller airports are determined by need and evaluated on a site-specific basis. Sec.22-3-130 Rail transportation. A. The Burlington Northern Santa Fe(BNSF)operates an east/west main line through southeast Weld County, connecting Denver with major Midwestern markets. This line averages twenty-five(25)train movements per day through the County. BNSF also operates an unsignaled, slow speed,twenty-five-mile-long branch line between Greeley and Fort Collins with a total train movement of one(1)per day. B. The Union Pacific(UPRR)operates a north/south single track mainline with centralized traffic control between Denver and Cheyenne. This corridor could support a passenger operation. UPRR operates fifteen(15)trains per day on its main line. UPRR operates two to four(2-4)trains on its east to west line between LaSalle and Fort Collins. 53 C. The Great Western Railway(GWRR)operates freight service from Loveland and Windsor to Johnstown and Milliken,with branches to Longmont and Eaton. Freight consists of coal,fertilizer,corn products and other agricultural products. D. A potential for conflict exists between railroad lines and other land uses within urban growth boundaries and the I-25 Mixed Use Development area. Municipal type uses and services are planned for both of these areas which will increase auto and pedestrian traffic,and the number of noise-sensitive uses. Potential conflicts could be avoided by signalizing or separating crossing points for trains from other vehicular and pedestrian traffic,and separating noise-sensitive uses by distance or utilizing noise abatement techniques. E. At present,the County's role in rail transportation is limited to land use considerations through the administration of Chapter 23 of this Code. The primary regulatory agencies are located at the federal and state levels. F. Weld County encourages the preservation of rail corridors for future transportation uses. These corridors are outlined in the North Front Range Transportation Alternatives Feasibility Study. Sec.22-3-140 Transportation goals and policies. The following goals and policies are established for transportation: A. T.1 Goal and policy. 1. T.Goal 1. Provide a unified and coordinated countywide street and highway system which moves people and goods in a safe economical and efficient manner. 2. T.Policy 1.1. The County should maintain a road classification system so County roads are designed and maintained according to their planned function. B. T.2 Goal and policy. 1. T. Goal 2. A Countywide trail system should be promoted to service transportation and recreation purposes. 2. T.Policy 2.1. County subdivisions should consider internal trail systems if appropriate. 3. T. Policy 2.1 County subdivisions should consider providing links to regional trail systems. C. T.3 Goal and policy: 1. T. Goal 3. The design of roads, streets and highways should be made in consideration to the accommodation of adjacent land uses. 2. T.Policy 3.1. Establish policy standards for the regulation of accesses to streets and highways from adjacent land uses and intersecting roads. D. T.4 Goal and policies. 1. T.Goal 4. Provide a balanced approach to transportation system development, giving due consideration to all modes of travel. 2. T.Policy 4.1 The County will plan and maintain a transportation system that unifies and coordinates 54 with other state,county,city and community transportation systems. 3. T.Policy 4.2. The number of access points on collector and arterial roads should be kept to a minimum in order to minimize interruptions to traffic flow and to promote safety to the traveling public. 4. T. Policy 4.3. The County should review and determine that all road,street or highway facilities are adequate in width,structural capacity and classification to meet the traffic demands of any land development. The County will,as a condition of land development,require improvement of roads,streets or highway facilities in proportion to their respective impacts when dictated by traffic demand and land development patterns. 5. T. Policy 4.4. All road,street and highway facilities should be developed, constructed and paved in accordance with adopted County Standards. Road,street and highway rights-of-way shall be dedicated to the public use and accepted for maintenance in accordance with adopted County Standards. 6. T.Policy 4.5. The County should emphasize maintenance and upgrading of existing transportation facilities over the provision of new facilities in order to protect its investment. All new County roads,streets and transportation facilities should be designed o minimize future maintenance costs. E. T.5 Goal and policies. 1. T.Goal 5. A Roadway Improvement Plan and Road Impact Fee Study may be performed by the county to identify Road Capital Improvements required to maintain an adequate Level of Service(LOS)in a specified area. 2. T.Policy 5.1 The intent of the Roadway Improvement Plan and Road Impact Fee Study in a specified area is to assess the need for capacity expansion and subsequently impose road impact fees within a specified area to assure that new development contributes its proportionate share of the costs of providing,and benefits from the provision of,Road Capital Improvements identified as needed to be built in the Road Capital Improvements Plan(CIP). 3. T.Policy 5.2. It is the objective of the Weld County Board of County Commissioners and the governing bodies of participating entities to make the most efficient use of their powers byj ointly implementing planning,zoning and subdivision requirements for the provision of road capital improvements for the specified area to maintain an adopted Level of Service. Sec.22-3-150 Tourism Goal The following goal is established for tourism: A. TR Goal 1. 1. TR. Goal 1. The county shall recognize the importance of tourism and recreation to local,regional and agricultural economies(for example: Corn Mazes,County Fairs,Farm Implement Museums,etc. )and shall encourage the provision of urban and non-urban services and facilities necessary for the continuation and expansion of these activities,consistent with other goals and policies of the Weld County Comprehensive Plan. 55 ARTICLE IV /'*, Environmental Resources Sec.22-4-10 Purpose. The condition of the environment has been of increasing concern for the residents of the entire nation and the County. Erosion,sedimentation,reduced water quality,loss of productive farmland and reduced fish and wildlife habitats are a few of the problems which are facing County citizens. Environmental quality is inextricably tied to quality of life and enjoyment of property. In order to preserve a healthy and positive quality of life for County citizens,the following four(4)principles should be considered in all land use issues: A. Impacts from proposed land uses on air, water, waste, noise and public health should be considered. Any environmental degradation from development should be reduced or eliminated in order to prevent harm to life, health and property. B. Agricultural land is a limited resource of economic value and should be protected from adverse environmental impacts. C. The County shall encourage and promote coordination and cooperation between federal, state and local governmental entities charged with making decisions which may have environmental impacts on land uses and residents in the County. C i ${ec. :I iu4,. loose!{ F I M he�S Ei ii n ! � Ieasnnr l" I � I �till�e r et (`yi! i. "!f'(1�:�ili I �� 1""m# Un n, I'i 1 Mani s t k i IJ,,,...y 'ir ' C r" ! i fish and wild:II e I I Dion and the County: $rds' sedlmentaho , rt *uah ,and `1 and Idh ,ihr E,,,,,pre, few of the problems, which are facing Coy i i, s; Environmental qual,;y.,1 s inextricablyIi�ie�.to quality of life and enjoyment ofiproperty. In order t, i , i "iii;iEaihealthy and post v ,quality of life for County citizens,the following four(4)principles should be cons d'in"all land use,iss tes: A."imoacts from'Q drtnd uses on iair'(water i, caste.noise and biiei i`' ,th should be cioliiie ed. B.,Enviro '„ it ."'imoacts should be reduced or mitieated in order to nrevent Barretto''life,heatllt 61446nertit. "E 4in +is i "i p��ii a II Rai., t i�r. C. Atrrioultural land ts,a�tat 'aes6urce of"e�cotto�� ��e'and should��iei t�tt' `tiea'from adverse�'�tFTonmetitaY impacts D.iI GI ink ii �I"{ " i � II1i i o Iii A ii! at d e bounty s01I6 Iq e10e laha nro WHi itottt. !`i ott and � � twoeen wail s4 t i nd local t ip , iii4. ns," PX"" "sr •. r.. uovernmental enhtrc nt} r eel with mak=dect§totts which may have Eenvironmental imoactsiou loud uses and residents in the Counttt z Sec.22-4-20. Water quality. A. The County is a semi-arid region with a water system including aquifers,canals and reservoirs. Over the years, there has been a large investment in facilities to collect and store water from the mountain snows and distribute it to the plains where it can be used beneficially. B. The development of water resources has assisted agriculture,industry,commerce,cities and towns. C. The Water Quality Control Commission,a citizen board appointed by the Governor,subject to confirmation 56 by the State Senate,defines water quality regulation and policies in Colorado. The Colorado Department of Public Health and Environment administers the Water Quality Program throughout the State. D. As part of the Larimer-Weld Region, Area wide Water Quality Management Plan, Weld County has been identified as the responsible management agency for all areas in the County outside the urban service areas.As a management agency, the County has a responsibility to exercise land use authority based on water quality considerations. This responsibility is partly fulfilled by evaluating water quality considerations associated with land use proposals in accordance with the standards set forth in this Chapter and Chapters 23 and 24 of this Code. Sec.22-4-30. Water goals and policies. The following goals and policies are established for water: A. WA.1 Goal and policies: 1. WA.Goal 1. County residents are encouraged to conserve water. 2. WA.Policy 1.1. Landscaping using low water use plants and water conservation techniques are encouraged. 3. 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. 4. WA.Policy 1.3. Applications for new development should consider dual water systems that incorporate separate potable and non-potable water. B. WA.2 Goal and policies: 1. WA. Goal 2. The County will strive to maintain Federal Drinking Water Standards in aquifers which provide drinking water for domestic and public use. 2. WA. Policy 2.1. As conditions warrant,applicants proposing unsewered divisions of land or development shall evaluate the impacts on groundwater quality. 3. 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. 4. WA.Policy 2.3 Whenever feasible,the County encourages the incorporation of community sewerage. C. WA.3 Goal and policies: 1. WA. Goal 3. The County will strive to maintain and protect water supply conveyances adequate to sustain agricultural land. 2. WA.Policy 3.1. The County recognizes water rights as private property but encourages the retention of water rights on agricultural property. 3. WA. Policy 3.1. The County will favor applications that return water to a abandoned agricultural land for productive agricultural use. G. 4 4IE II tliB� ,t �"FAY�o�� a 57 C' 61' # 6 4� iJV i k a Iasi rI h iL4 R tt�iai m� 1'. WA` > ,;TheC$ , ljsmvtt�aiti;� fwa�e }konVe} adequatetosustain ag54culti ral I a ;!Iteya.I=C: i3 `tvI Vvi' dl2ht�at '.' b' I�I he} 6Itl r P N n i 1ti , � Ana o n I r� °UII � � ' ap����� ��a���treitl�ir��ia� toaaGr� a culturaIland fg5productiv S D. WA.4 Goal and policies: 1. 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. 2. 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. 3. 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. 4. 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. 5. WA. Policy 4.4. The County encourages an overall water shed approach to water quality management issues. 6. WA.Policy 4.5. Animal feeding and dairy operations shall comply with all applicable County, State,and Federal rules and regulations. E. WA. 5 Goal and Policy 1. WA.Goal 5. Development will occur in areas where adequate water quantity and quality is obtainable. 2. WA.Policy 5.1 Policy Applications for proposed development will assess available water quantity and quality. Sec.22-4-40 Air. A. State Air Quality Regulations and Policies are defined by the Air Quality Control Commission,a citizen board appointed by the Governor,subject to confirmation by the State Senate. The Air Pollution Control Division of the Colorado Department of Health administers the Air Pollution Control Program throughout the State on a regional basis with local governments and local health agencies. B. The County is committed to maintaining compliance with all national air quality standards for criteria and hazardous pollutants. C. In addition to emissions of criteria and hazardous pollutants,the County is concerned with nuisance emissions of odor and dust. The County will encourage development to occur in a manner that minimizes these impacts. Sec.22-4-50. Air goals and policies. r 58 The following goals and policies are established for air: r A. A. 1 Goals 1. A. Goal 1. Maintain National Air Quality Standards and, where practicable, improve air quality in the County. 2. A.Policy 1.1 If applicable, land use applications will demonstrate future impacts on current air quality. 3. A.Policy 1.2. Land use applications will be evaluated by the Department of Public Health and Environment for compliance with federal,state,and county statutes,regulations and ordinances. 4. A.Policy 1.2. Weld County encourages the use and development of alternative fuels,alternatively fueled vehicles, and modes of transportation that reduce pollutants. 5. A. Policy 1.3. Weld County encourages innovative and creative approaches to alternative energy sources. 6. A.Policy 1.4. Open burning is discouraged except for the established practice of"agricultural burning" such as to clear irrigation ditches and fields for farming operations. Sec.22-4-60 Noise. Noise is a source of environmental pollution. Exposure to excessive noise levels over prolonged periods can be a threat to public health. Statutory noise standards have been established for areas where commercial,industrial and residential uses are located. Sec.22-4-70 Noise goals and policies. The following N.1 goals and policies are established for noise: A. N. 1 Goal 1. N Goal 1. Minimize the impact of noise on County residents. 2. N.Policy 1.1. Land use applications will be evaluated by the Department of Public Health and Environment for compliance with federal,state and county statutes,regulations and ordinances. 3. N.Policy 1.2. The Department of Public Health and Environment will prescribe noise level standards for land use applications when appropriate. Sec.22-4-80 Waste. A. If managed carefully,waste can have a positive economic and environmental benefits. Energy production,and recycling and resource conservation are examples of positive benefits. However,if improperly managed,waste can impinge upon the public's health and environment while contributing to nuisance issues(rodents,odors,etc.). B. The County encourages waste diversion and resource recovery from the waste stream. Personal responsibility, "buy recycled"policies and the appropriate use of compost are suggested as stimulus for resource recovery. C. Waste is both an important part of our local environment and the economy. The County strives to ensure that: r 59 1. Waste should be handled in a manner that protects human health and the environment both now and in the future. 2. The availability of quality waste management options,at a reasonable price,exists for County residents both now and in the future. D. Waste is divided into six(6)subsections as follows: 1. Transfers,processing and diversion. 2. Final disposal. 3. Exploration and production waste. 4. Biosolids and Septage. 5. Hazardous waste. 6. Agricultural wastes. Sec.22-4-90 Transfer,processing and diversion. Important components of waste management include the transfer,processing and diversion of wastes. Transfer refers to the movement of waste from the generator to other components of the waste management process. Processing refers to the conversion of generated waste to reusable forms or to a more safe or efficient form for final disposal. Diversion refers to the removal and reuse of waste through recycling or other means. /0—% Sec.22-4-100 Transfer,processing and diversion goals and policies. The following goals and policies are established for transfer,processing and diversion: A. TPD.1 Goal and policies: 1. TPD.Goal 1. The County expects its businesses,residents and landowners to prevent negative impacts on human health and the environment from waste processing or disposal. 2. TPD.Policy 1.1 Land use applications will be required to characterize the waste stream associated with the proposed land use. 3. TPD.Policy 1.2. The applicant shall submit a plan to manage waste that is consistent with federal, state and county statutes,regulations and ordinances. B. TPD.2 Goal and policy: 1. TPD.Goal 2. All facilities in the County which handle,collect or process waste will maintain an active role in solid waste management resource recovery of such waste. 2. TPD.Policy 2.1 The County encourages haulers and collectors of waste to provide composting and recycling options for customers. Sec.22-4-110 Final disposal. 60 Final disposal is the ultimate management option for waste which cannot be diverted through other options. The County wants to ensure that all final disposal of waste is done in a manner protective of public health and the environment. Sec.22-4-120 Final disposal goals and policies. The following F.1 goal and policies are established for final disposal: A. F.Goal 1. All final disposal facilities in the County will locate,develop and operate in a manner that minimizes interference with other agricultural uses,rural settlement patterns and existing residential communities. B. F.Policy 1. The County shall collect surcharges from final disposal facilities which cover waste-monitoring tasks performed by staff,road maintenance,litter pick-up,public education,household hazardous waste collection or other costs identified by the Board of County Commissioners. 1. F.Policy 1.1. Compatibility with existing and future land uses(identified at the time of application)must be demonstrated in terms of including but not limited to visual impact,pollution prevention,pollution control, traffic, dust, noise, land use scale and density, infrastructure, topographic form geology, operating plans, closure and reclamation plans, and buffer zones. Land use incompatibility may become an issue and may require additional mitigation if determined that the final disposal facility site is causing negative environmental impacts. 2. F.Policy 1.2. Appropriate infrastructure,which provides adequate access to final disposal facilities, is required for approval. 3. F.Policy 1.3. Applications submitted for final disposal facilities will be evaluated by the Department of Public Health and Environment for compliance with federal, state and county statutes, regulations and ordinances. Applicants must demonstrate adequacy of access roads, grades, leachate and drainage control, liners,fencing,site improvements,reclamation plans,general operations,service area,permitted capacity or air space,buffer zones and other appropriate requirements. 4. F.Policy 1.4. The County may require new final disposal facility applicants to demonstrate that resource recovery and recycling programs have been adequately studied as an alternative or component. Sec.22-4-130 Exploration and production waste. A. A large amount of water is extracted during the production of crude oil and natural gas. The waste water produced from exploration and production(E&P)waste is frequently brackish or salty and must be processed and disposed of in a satisfactory manner to protect both human and environmental health. B. The County shall monitor and report violations of state odor regulations and groundwater impacts at E&P waste surface impoundment facilities. C. Ground water contamination must be prevented by following state regulations for cementing wells,including injection wells,to prevent commingling of water,oil,and gas into other formations. Sec.22-4-140 Exploration and production goals and policies. The following goals and policies are established for exploration and production: A. EP.1 goal and policy: 61 1. EP.Goal 1. The County encourages the minimization and requires the safe disposal of E&P waste. 2. EP.Policy 1. Due to the level of impact from and increasing public concern about surface impoundments, other alternatives for disposal shall be considered. B. EP.2 goal and policies: 1. EP.Goal 2. E & P waste facilities shall be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of,but not limited to general use,scale,height,traffic,dust, noise and visual pollution. 2. EP. Policy 2. In reviewing the operational and reclamation plans for solid and brine waste disposal facilities,the County shall impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties and wildlife resources. a. EP. Policy 2.1. All applicable land use applications will be reviewed by the Department of Public Health and Environment for compatibility with federal, state and county statutes, regulations and ordinances. Sec.22-4-150 Biosolids and septage. Like other wastes,biosolids and septage waste can have negative impacts on human health and the environment. Improper disposal of biosolids and application of septage waste can lead to health problems and also nuisance issues. At the same time,these wastes are important resources to an agricultural community as soil enhancements and fertilizers,when properly applied. Sec.22-4-160. Biosolids and septage goals and policies. The following S.1 goals and policies are established for biosolids and septage: A. S.1 Goal and Policies 1. S. Goal 1. Biosolids and septage should be applied,handled and processed in a manner that prevents groundwater contamination and minimizes nuisance conditions. 2. S.Policy 1.1. All biosolids and septage land application permits will be reviewed by the Department of Public Health and Environment for compatibility with the County Code. 3. S.Policy 1.2. Weld County requires the appropriate land application for disposal of biosolids and septage. Sec.22-4-170. Hazardous waste. Hazardous waste can pose unacceptable levels of risk to human health and the environment. Improperly managed hazardous waste has led to public health disasters around the world. In addition,Household Hazardous Waste (HHW)such as paints,are unregulated,but nonetheless can pose an unacceptable level of risk. Therefore,HHW should be diverted from landfills. The County has a HHW program which provides alternative handling methods for County residents. Sec.22-4-180. Hazardous waste goals and policies. The following H.1 goal and policies are established for hazardous waste: 62 A. H.1 Goals and policies r 1. H.Goal 1. The County encourages the minimization and careful collection of hazardous waste. Further, the County requires the proper disposal of hazardous components,products and waste. 2. H. Policy 1.1. All County producers of regulated hazardous waste and users of regulated hazardous materials will comply with federal,state and county statutes,regulations and ordinances regarding use, reporting,storage and disposal of regulated hazardous waste or products. 3. H.Policy 1.2. Because of the risk ofpermanent damage to life,health and the environment,permanent and fmal regulated hazardous waste disposal facilities shall be discouraged in the County. 4. H Policy 1.3. The county shall maintain its Household Hazardous Waste(HHW)Program. Sect.22-4-190. Agricultural waste. A by-product of being one of the country's largest producers of agricultural products is the generation of a large amount of agricultural waste. Agricultural wastes result from the raising of crops or animals, including animal manures,that are returned to the soils as fertilizer or soil conditioners. Improperly managed agricultural wastes can impact public health. Agricultural wastes must be managed and processed appropriately to protect human and environmental health. Sect.22-4-200. Agricultural waste goals and policies. The following goals and policies are established for agricultural waste: A. AW. Goal and policy 1. AW Goal 1 Human and environmental health impacts from agricultural wastes will be minimized by appropriate handling,storage,and processing practices. 2. AW Policy 1.1. Weld County encourages the composting of agricultural wastes. 3. AW Policy 1.2. Weld County encourages the incorporation of"Best Management Practices"when managing agricultural wastes. 63 ARTICLE V r Natural Resources Sec.22-5-10. Purpose. A. Because natural resources are limited,it is critical that a balance be obtained between increased growth and the natural areas within the County. Each land use change effects the environment which may produce undesirable results. Erosion sedimentation,reduced water quality,loss of productive farmland and reduced fish and wildlife habitat are a few of the problems facing Weld County. B. Natural resources are both limited and interdependent. The misuse of any natural resource may result in environmental degradation or destruction. In order to meet the goals and policies identified in this Section,officials of the County,as well as each citizen,should take an active role in conserving and preserving natural resources and the environment. The primary elements which follow should be evaluated in the review of County land use applications. However, this does not mean that these are the only environmental quality and natural resource problems in the County. Rather,the following sections have been dealt with in depth because of the importance they have on the natural environment,and the quality of our lives.These sections do not attempt to encompass every natural issue,instead they attempt to address the major current areas of importance are: wildlife;open space park and recreation;general resources;commercial and mineral deposit resources; and oil and gas resources. a tI c + Iian Iii 'II .Vitt + ittll' a: mural re§b e';i4,4,l ii iii4i anti tt I I Ott 'ili lliii 4 any natorai 4'sdhte may result in ii l s r uc I'll VIII t'i'policies,Oennfied in this Section officials ii , cit+:`ii Ii ( i i n,li I ing i x of the County as we}ins na$h elhzen,shactive role m con grtdpreservlif$P t{r�ral resources and t ilii,i ,i II t, tint, ,= ew P the environment (4 �h,mary element t o ow shoal litevaluated in theirw f Conn land use 0I) Iiiui y„ ,i 'ti i it i' hi i # +! ' I� titj+•',iV 15 ty applications„t major current, of importance ti, jyydli'e; open space # , Id recreation; general /"- resourceS;commercial and mini+ ' '1 sit resources;;'a ti:'; d gas Iesources. Sec.22-5-20. Wildlife. The abundance of wildlife in the County is an important contributor to the economic health and quality of life in the County. The acquisition of properties to provide public hunting and fishing and watchable wildlife opportunities, has long been an important part of the Colorado Division of Wildlife's management program. As an added emphasis on the importance of these lands, private groups also lease several of these sites for recreational activities such as fishing, hunting, shooting sports and boating. Maintaining wildlife habitats in sufficient supply is necessary to encourage the social and economic benefit the County receives from this resource. Map 5,Wildlife Areas—Existing, the most recent copy of which is on file at the Clerk to the Board's office and the Department of Planning Services, shows most of the important wildlife habitat areas in the County. It should be noted that the important wildlife areas are often closely associated with important water supply and aquifer recharge areas. 0#;'''' O 16 ' .:: 4�i i It, z ,dy +t , .Sect!r s.�• �'4,HA,}1i�rl ti t+iNlll i i;o i i. &tint t tt t III) ", „I }II i cont t, „glair pull iin ti I+ixti ,t+t+ Ii it ,i The a of wion O D p sto e p un a g Yi' c health ild quality of life s. �i ',tilllo ,1; ,, l i � �iICI . i� 'Itii ii iii lit t t441:44,77.I7,4,w jpii� „ the County a��qutstnon of tprovide u and fisititi =�I'®�, � Yle wilde b�jtnities, -has longbeen an i, a it i U yi t important I� a I® Y I 0 f$ el I n • el+���a p���ttyyuuC,,:�ll��e�t'nplta6lS Iii lit II „. u"' ,� . 't t I i 4Yd 'itch'as on the tmpo}'<fggriceyof these J � Y I Y ouY�I �} � rc praj o s recrea o e t15hin htrnitn kandboati t • ;I B M Y It iii$ � to It0�i.'iocia'land 4 ,i„ t ttI i _ � r Iif' , ii (ts Y : econgic�ben fit th gnp I t_ Y ag S ( s Eys recent cony of which is on file atthei` le to 'Board's o1.01.) 0',...„,”:' i �i g Se 1 i. ks most of theinitlortant + e . .. a a l I I wildlifehabitatareas n e? .`ounty; Itshtli 'iil tY iitii # wi t e a a, t�t�#`ltattht? �iwtldhfe are iei closely associated with 63 Sec.22-5-30. Wildlife goals and policies. The following goals and policies are established for wildlife: A. W.1 goal and policies: 1. W.Goal 1. New development should be located and designed to conserve critical ecosystem components, including wetlands,significant wildlife habitats and migration corridors. Significant wildlife habitat is defined as a geographical area containing existing or migrating wildlife and a combination of the essential elements of food,water,cover and space in quantities sufficient to support a species. 2. W.Policy 1.1. Development and design of land uses which require drainage,excessive removal of riparian vegetation and alterations of river or stream banks shall be discouraged in order to protect river or stream quality and to protect key wildlife habitat. 3. W.Policy 1.2. Conflicts with fish and wildlife habitats and migration routes shall be considered in land development. Developments adjacent to rivers and streams,waterfowl areas and important or critical wildlife areas should incorporate reduced densities,adequate setbacks and buffered areas. 4. W.Policy 1.3. The County will identify and attempt to protect critical or unique habitat areas of high public value,such as habitats of endangered or unique species,significant viewing areas and breeding and spawning areas. B. W.2 goal and policies: 1. W. Goal 2. Traditional wildlife uses such as hunting, trapping and fishing in ag ricultural pp g and nondeveloped portions of the County are beneficial. The County supports the maintenance of these wildlife uses. An authorized hunting and trapping clause is incorporated in the Right to Farm statement. 2. W.Policy 2.1. The effect of proposed development upon wildlife and habitat should be evaluated. loss of significant habitat should be mitigated. The County will maintain maps of known significant wildlife habitats. 3. W. Policy 2.2. The integrity of movement in wildlife corridors should be conserved. 4. W. Policy 2.3. Destruction of wetlands or riparian areas will be strongly discouraged.and mitigation for loss of wetlands and riparian habitat will be encouraged. Sec.22-5-40. Open space,parks and recreation. A. Open space is essentially unimproved and set aside,dedicated,designated,or reserved for public or private use,or for the use and enjoyment of its owners or occupants. Privately owned lands are not guaranteed to remain traditional unimproved lands, but can be converted by the individual land owner to other uses through the appropriate land use process. B. Park facilities and recreational programs in the County are planned and operated by the Federal Government, State Division of Parks and Outdoor Recreation,municipalities, schools and recreational districts. The County currently operates one (1) small regional park near the City of Greeley, is considering developing other open space opportunities throughout the County,and encourages the use of the Pawnee National Grasslands and Crow Valley Recreational Area. 64 C. The County contracts with the City of Greeley to manage the Island Grove Regional Park which is composed of several 4-H buildings, an exhibition building, the Weld County Fair Grounds and Stadium and other supplemental buildings. These facilities are located partly within the City of Greeley and partly within unincorporated Weld County. D. Special attention has been directed toward encouraging parks,trails and recreational facilities of varying size and function along rivers,creeks,streambeds and native national grasslands. E. The central theme of the County's open space goals and policies is to the adoption of goals and policies which can minimize conflict between areas for open space and urban development. The open space and natural resource management goals and policies found in Section 22-5-50 below currently function as the only open space plan for unincorporated Weld County. Each municipality within the County has been asked to include an open space vision of lands into their urban growth boundary agreements. CO r the o in Ii 4 r 'x .!r r Iirtr IR E central the*of tt�e tot4nty's open Space tais'and policies ;ttiI imtze counter between areas for open space and develop t 'T nerro ens ace rkt fir` i°m 4 i'P p p at datnral resource t goals d pp found m Section 22- 5-50 below c e n r 1 r ri Ir r i r ii „ii ut�e���� n as the 640,4! Mace Pled�o Orated��d Each municipality within th county tee as de I„'rr n, i� tsi t e�P ty ( q� o melude vist ii bile considering einnvate Dronerty riuhts of'individual land o Nett their urban t ikundaries. F. The County has not historically been involved in land acquisition for open space or parks. The Great Outdoors Colorado Trust Fund and several other funding opportunities in the State are making acquisition and maintenance of open space far more feasible for county governments. The County is currently addressing the need to provide open space opportunities for residents of the County and hopes to produce a regionally influenced open space plan for the County. Sec.22-5-50. Open space,parks and recreation goals and policies. The following goals and policies are established for open space,parks and recreation: A. O.1 Goal and policies: 1. O. Goal 1. Promote the location of park, recreation and open space areas in floodplain, seep areas, wetlands,geological fault areas and nonproductive agricultural areas. 2. O. Policy 1.1. Encourage agricultural use of productive agricultural land. 3. O. Policy 1.2. Encourage uses such as open space,agriculture,parks,recreation,gravel mining and other related activities in flood plains, seep areas,wetlands, geological fault areas,and other areas having natural features of public interest. B. O.2 Goal. 1. O.Goal 2. The County will cooperate with local,state and federal agencies to identify,conserve, protect, or enhance critical fish and wildlife habitat by attempting to implement measures for the protection or enhancement of such areas. C. O.3 Goal 1. O.Goal 3. Land use activity should preserve, enhance and maintain significant or unique natural land features. 65 birtrat ' " tr tami pzeaim „ 'ane'd"iv a r ifiv i6c or ' e rata land features': D. 0.4 Goal and policy 1. 0.Goal 4. Development improvements should minimize visual scarring from grading,road cuts and other site disturbances and should integrate new landscaping with the existing natural landscape. 2. 0.Policy 4.1 Stabilization and landscaping of final landforms shall be required and runoff controlled to historic levels. 3. 0. Policy 4.2 Continuous maintenance of new landscaping should be assured. E. 0.5 goal and policies: 1. 0.Goal5. The County will strive to conserve significant stands of trees and shrubs, large expanses of prairie grasses and unique forms of vegetation and land area. 2. 0. Policy 5.1. The County will strive to conserve significant stands of trees and shrubs and unique forms of vegetation. 3. 0.Policy 5.2. Significant stands of healthy vegetation shall be identified during the land review process.Critical stands should be preserved whenever possible. Improvements should be located to minimize the removal of vegetation. 4. 0. Policy 5.3. Compatible,drought-tolerant landscaping should be encouraged in all land use proposals. 5. 0.Policy 5.4. Drainage channels should be designed to incorporate natural vegetation and be constructed to conform to the natural landscape; channelization of natural drainage ways is strongly discouraged. F. 0.6 goal. 1. 0.Goal 6. The County shall encourage the eradication of noxious weeds in an environmentally sound manner, in compliance with state laws. 2. 0.Policy 6.1. The County will maintain a public education program regarding the eradication of noxious weeds. G. 0.7 Goal and policy. 1. 0.Goal 7. Provision should be made for open space in order to enhance the quality of life and enjoyment of the environment. 2. 0. Policy 7.1. When open space is not available,mitigation should be encouraged as an alternative. H. 0.8 Goal 66 1. O.Goal 8. Adequate parks and recreation facilities should be encouraged throughout the County and should be interconnected whenever suitable. I. O.9 Goal and policy: 1. O.Goal 9. Public open space should be promoted as a means for protecting from development those areas which have significant environmental,scenic or cultural value. 2. O.Policy 9.1. Compensation for the acquisition of privately owned land for public open space will be required. J. O.10 Goal. 1. O.Goal 10. The private sector,non-County agencies and other governmental jurisdictions should be encouraged to participate in open space preservation and trails development in the County. 2. O. Policy 10.1. Development of trails should avoid negative impacts to critical wildlife habitat. K. O.11 Goal. 1. O.Goal 11. Open space within a development should be connected to existing adjacent open space. Sec.22-5-60. General resources. In this Plan,general resources has been divided into two(2)subcategories: Commercial/Mineral Resources which cover those minerals under Title 34,and oil and gas minerals detailing oil and gas production in the County. Sec.22-5-70. Commercial and mineral resources. A. This Section has been developed in conformance with Title 34,Article 1, Section 304,C.R.S. This Chapter is intended to provide appropriate goals and policies to utilize the County's mineral resources,ensuring that adverse environmental effects resulting from surface mining operations are minimized. The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials such as sand and gravel have an economic affect on the general construction and highway construction industry. B. In some instances,sites containing significant quantities of mineral deposits are located in areas characterized by other land uses and natural resources. Because the uncontrolled operation of a mine site has the potential for adversely affecting surrounding land uses,roads,residents and the environment,a specialized use by special review permit is required in accordance with Chapter 23 of this Code. C. As of 1987, the mineral resources known to be located in the County include sand and gravel, coal and uranium. The maps, the most recent copies of which are on file at the Clerk to the Board's office and the Department of Planning Services, illustrate the wide distribution of minerals within the County. These mineral deposits vary greatly in quantity and quality. D. Most of the high-quality sand and gravel deposits in the County are found along major drainage,either under the flood plains or in adjacent stream terraces. Some lower quality deposits are found in older alluvial deposits. Aeonian sand deposits can be found in some upland areas. A major portion of the County is underlain with coal. This coal forms a portion of the Boulder-Weld field,which is included in the Denver Basin coal region. Portions of the County,north of Colorado State Highway 14,have been tested and have shown occurrences of uranium deposits. Currently,there are no producing uranium mine sites in the County. 67 Sec.22-5-80. Commercial and mineral resource deposits goals and policies. The following goals and policies are established for commercial and mineral resource deposits: A. CM.1 Goal and policy: 1. CM.Goal 1. Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law. 2. CM.Policy 1.1. Access to future mineral resource development areas should be considered in all land use decisions in accordance with state law. No County governmental authority which has control over zoning shall,by zoning,rezoning,granting a variance or other official action or inaction permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. B. CM.2 Goal and policy: 1. CM.Goal 2. Promote the reasonable and orderly development of mineral resources. 2. CM.Policy 2.1. The operation of a mine site in unincorporated Weld County shall be subject to obtaining a specialized use by special review permit in accordance with Chapter 23 of this Code. C. CM.3 Goal and policy: 1. CM.Goal 3. Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. 2. CM.Policy 3.1. An application for a mine site located within the County, should be reviewed in accordance with the goals and policies of the area in which the application is located. 3. CM.Policy 3.2. An application for a mine site will be reviewed in consideration of the cumulative impacts of the mining activity on surrounding land use and County infrastructure. D. CM.4 Goal and policies: 1. CM.Goal 4. Minimize hazardous conditions related to mining activities and the mining site. 2. CM.Policy 4.1. In reviewing the operational and reclamation plans for a mining operation,the County should impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties as follows: a. CM.Policy 4.1.1. Require the location and design of excavated areas,structures,machinery, equipment storage and stockpiling of mined materials to be compatible with surrounding land uses in terms of: general use,scale,density,traffic,dust and noise. b. CM.Policy 4.1.2. Maintain roadside and perimeter vegetation and setback requirements which serve to shield mining operations, including storage of equipment, stockpiled soils and materials from public view. c. CM.Policy 4.1.3. Require that access roads to and within the site be located in a manner which minimizes traffic impacts on surrounding land uses. r 68 d. CM.Policy 4.1.4. Require the land use applicant to demonstrate to the satisfaction of the Board `w—, of County Commissioners that the street or highway facilities providing access to the mining activity are adequate in functional classification, width and structural capacity to meet the requirements of the proposed mining activity. Internal road circulation,off-street parking,dust abatement,acceleration lanes, deceleration lanes,common access collection points,signalization and other traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the mining activity. Applications for mining should also be reviewed in accordance with the transportation goals and policies. e. CM.Policy 4.1.5. Require,where possible,that batch plants and processing equipment be buffered from adjacent uses. f. CM.Policy 4.1.6. Require appropriate security fencing be erected and maintained around extraction sites,as necessary,to minimize the attractive nuisance hazards inherent in operations located near urban uses. g. CM.Policy 4.1.7. Require mining operations to use warning signs,fences,guards,lighting and other means to warn and protect people from mine site hazards such as steep slopes,holes,ponds and heavy equipment. h. CM.Policy 4.1.8. Require all mining operations conform to federal,state and local environmental standards. E. CM.5 goal and policies: 1. CM.Goal 5. Provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code. 2. CM.Policy 5.1. The County should consider the potentially adverse environmental effects of mining operations. to is, sal ti"l+,p E ! t•"�i r it b l it !! i'4u S 7!tl+"!" 'Operations ! Itcy5.`l7ie��t�d , , ,� ��sitderthepote� a�Y� �! e�vironmgp��, ic1o£�piuing an6ta erallvreat it a,rk ti! kt!` 7 E)t N . i � rui E3 "" " t III V ifli t a: Distyr „' a8n and o # iittice of a Ec sfiould be mini,lniz�d; b' 4$isased atY f � .r lanhafro t "Ei.. !t 3'r A + Iii ! r' - it 7A°�ilti N"E't! I F I !'1 ilil't III i" 7#74 4! ttk( ,ti ' it>a" ,+ i? ab`te and pra as II l im,86 taYt alik � "ta itat a ssh ati�f }iYlt Yife•: 7 7 t I E' I3'!aE?i ! " ,ril4';' i 1 k041'' i.i,� i4 r !apeiaUon shtiuYt��t� i Y�! t��t,�oanty'floo,I11Y� '��7���u�,��tcal hazazcl��i �{����: C2. ! 1,'pMII 7 r,atkR�"' ,i ta,i,ntt" !a'f", q?„!it r'iI ES t•r'atrinniu, ',',��, ; perator wrlY'�Y�1'�rt the;,reclaitriecl muir;�j�YY�j �l l��has tieea stalbY��` fY did vegetation.is Ts E 'lk�0lili{ 4i i� 't i IP IIi1P k tq,tt C 7,:i.i I ,tn !• (ttfl ktt'Ii?!'i`Iflil?G:' 7 ' f operations ,eY toieYa�of tn�cl maYerYaYY��jrmtted on the mine site�rhea'htcorporated in the' Ya k plan for tile' g O0eration. F. CM .6 Goal 1.CM. Goal 6 The extraction of mineral resources should conserve the land and minimize the impact on surrounding land. 69 Sec.22-5-90. Oil and gas deposits. Oil and gas development in the County is an integral part of the County economy,and has a substantial direct and indirect impact on current and future land use. Oil and gas development is cyclical but the economics of drilling has caused extensive drilling activities in the County. Sec.22-5-100. Oil and gas goals and policies. The following OG.1 goals and policies are established for oil and gas: A. OG.1 Goals and Policies 1. OG.Goal 1. Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses. 2. OG.Policy 1.1. The County should encourage cooperation,coordination and communication between the surface owner and the mineral owner/operators with respect to any developments of either the surface or the mineral estate. 3. OG.Policy 1.2. New planned unit developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated. 4. OG.Policy 1.3. Oil and gas drilling activities should be planned to take into account current and future surface planned unit development and subdivision activities to the extent such development can reasonably be anticipated. 5. OG.Policy 1.4. The County will seek the imposition of protective measures through available state, county and federal regulations to ensure that the mineral operator conducts operations in a manner which will minimize current and future environmental impacts. 6. OG.Policy 1.5. Oil and gas support facilities decisions which do not rely on geology for locations shall be subjected to review in accordance with the appropriate section of this Plan. 7. OG.Policy 1.6. Oil and gas exploration and production should be conducted in a manner which minimizes interference with existing surface use and mitigates the impact on future land uses. Well sites should be reclaimed and closed by techniques which ensure that the future use of the property is not impaired because of environmental or safety problems or the existence of improperly abandoned or unlocated equipment,such as wellheads or flowlines. B. OG 2. Goal. 1.OG.Goal 2. The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land. C. OG 3. Goal. I. OG Goal 3. Ground water contamination must be prevented by following state regulations for cementing wells,including injection wells,to prevent commingling of water,oil,and gas into other formations. 70 APPENDIX 22-A Population Distribution, Percentage Based 61.7 163.9 _.. 60 iii! 50 I Legend :I I I WELD 40 l i COLORADO i J 30 I ,420.i X7.9 X18.5 10.2 20 t0 .7 - < 5 5TO17 18 TO64 65+ n Population Characteristics/Weld County and the State of Colorado: Multiple Race Categories-2000 Weld County Colorado Race 1990 2000 Percent Change 2000 1990-2000 White 117,247 147,834 2I% 3,560,005 Black or African American 567 1,022 45% 165,063 American Indian and Alaska Native 785 1,581 51% 44,241 Asian 1,133 1,508 25% 95,213 Native Hawaiian&Other Pacific Islander 90 150 40% 4,621 Some other race 12,089 24,044 50% 309,931 Two or more races n/a 4,797 n/a 122,187 County Residential Population I 1970 1980 1990 I 2000 189,797 123,438 131,821 186,936 I (Source: Colorado Department of Labor and Employment, 1994) 71 r APPENDIX 22-A continued Population Characteristics/Weld County and the State of Colorado-2000 IWELD COUNTY COLORADO 1 I # % # % I I MALE 90,717 50.1% 2,165,983 50.4% I I FEMALE 90,219 49.9% 2,135,278 49.6%I UNDER 5 14,047 7.8% 297,505 6.9% 5-14 28,576 15.8% 619,925 14.49% I 115-34 58,094 32.1% 1,277,503 29.6% I 135-64 63,979 35.3% 1,690,255 39.3% I 165+ 16,240 8.9% 416,073 9.7% I I TOTAL 180.936 4,301_261 I I Median Age 30.9 34.3 I Total Households 63,247 1,808,037 I I Persons per Household 2.74 2.47 I ,� County Median Household Size,Family and Household Income Median Household Size Median Family Income Median Household Income Year County State County State County State 1940 1950 1960 1970 3.0 3.0 1980 2.8 2.8 $26,236.00 1990 2.7 2.7 $30,800.00 $35,930.99 $25,642.00 2000 2.78 2.53 $35,351.00' $40,853.00' 1997 Model-based estimate,U.S.Census Bureau,2001. r 72 APPENDIX 22-A continued /"- 2000 Base Economic Analysis County: Weld All Income: 53.902.397 All Emnlovment: 98.574, Basic Percent Basic Percent Income of Basic Employment of Basic $(1,000) Total: 52.292.346 56.610 Agribusiness $512,990 22.40% 16,253 28.70% Agricultural Production $191,867 8.40% 7,876 13.90% Agricultural Inputs $112,288 4.90% 2,382 4.20% Agricultural Processing $208,836 9.10% 5,995 10.60% Mining and Extractive Industries $69,675 3.00% 1,882 3.30% Metals Mining $(280) 0.00% 0 0.00% Oil and Gas Extraction $62,399 2.70% 1,629 2.90% Regional Goods and Services $367,661 16.00% 14,181 25.10% Insurance $62,952 2.70% 1,676 3.00% Computer Programming $26,709 1.20% 1,054 1.90% Business Services,except Programming $41,382 1.80% 3,318 5.90% Wholesale Trade,Non-agricultural $24,823 1.10% 640 1.10% Health Services $21,104 0.90% 636 1.10% Maintenance and Special Trades $61,584 2.70% 1,929 3.40% "^", Building Construction $35,340 1.50% 886 1.60% Manufacturing $344,062 15.00% 7,340 13.00% Instruments,including Photography $113,500 5.00% 2,383 4.20% Industrial,Commercial,or Electrical Machinery $55,343 2.40% 313 0.60% Primary and Fabricated Metals $53,485 2.30% 1,183 3.30% Electronic and Electric Equipment $54,946 2.40% 1,733 3.10% Transportation,Communications and Utilities $43,164 1.90% 1,039 1.80% Tourism $56,012 2.40% 3,229 5.70% Resorts,Recreation and Lodging $20,021 0.90% 1,853 3.30% Government $132,706 5.80% 4,102 7.20% State Health and Education Services $54,083 2.40% 1,644 2.90% Local Government Administration $30,283 1.30% 942 1.70% Other Sources of Income $380,487 16.60% Transfer Payments<60 $123,003 5.40% Dividends,Interest and Rent<60 $240,704 10.50% Retirees $385,588 16.80% 8,584 15.20% Medicare Payments $110,109 4.80% Other Public Assistance 60+ $25,383 1.10% SS,Disability&Government Retirement 60+ $174,869 7.60% r Dividends,Interest and Rent 60+ $75,228 3.30% Updated: Tuesday,February 19,2002 Source:Demography Section,Colorado Department of Local Affairs 73 APPENDIX 22-B Existing 1995 Land Use in Weld County LAND USE CATEGORY ACRES PERCENTAGE Agricultural Research 500 .03 Farmland 2,086,292 81.0 Forest Service(primarily Pawnee National Grasslands) 193,060 8.0 Urban-Type Development I Commercial 9,980 .4 I Industrial 2,168 .09 Residential(Subdivision) 8,184 .3 Wildlife 2,228 .09 Other 200,301 7.0 I Uncategorized• 59,757 2.3 I Total County Acres 2,562,560 100." " River bottom,roadways,geographical features. •• Rounded. Sources: 1. Colorado Division of Local Government—Demographic Section. 2. Estimates and Projections of Total Population for Colorado Counties 1900-2000-1900. Denver,Colorado. 3. Weld County Planning Department—1995. 74 APPENDIX 22-C Number of Acres in Municipalities in Weld County TOWN ACREAGE Ault 395 Brighton 269.87 Broomfield 941 Dacono 999.16 Eaton 611.46 Erie 1,185.88 Evans 1,778 Firestone 803.24 Fort Lupton 2,360.61 Frederick 2,426.78 Garden City 85 Gilcrest 448 Greeley 17,966 Grover 293.53 Hudson 267.57 Johnstown 281.5 Keenesburg 333.99 Kersey 242.89 LaSalle 344.35 Lochbuie 381.72 Longmont 160 Mead 435.74 Milliken 2,627.81 New Raymer 356.04 Northglenn 623 Nunn 640 Pierce 390 Platteville 421 Severance 148 Thornton 69.55 Windsor 3,223.45 75 APPENDIX 22-D /^ Weld County Population by Municipalities 1980 1990 2000 WELD COUNTY 123,438 131,821 180,936 Ault 1,056 1,107 1,432 Berthoud(MCP) - - 16 Brighton(MCP) - 17 154 Broomfield(MCP) - 4 I 10 Dacono 2,321 2,228 I 3,015 Eaton 1,932 1,959 1 2,690 Erie 1,231 1,244 2,009 Evans 5,063 5,877 9,514 Firestone 1,204 1,358 1,908 Fort Lupton 4,251 5,159 6,787 Frederick 855 988 2,467 Garden City 123 199 357 Gilcrest 1,025 1,084 1,162 Greeley 53,006 60,454 76,930 Grover 158 135 153 Hudson 698 918 1,565 Johnstown 1,535 1,579 3,827 Keenesburg 541 570 855 Kersey 913 908 1,389 0••••,. LaSalle 1,929 1,803 1,849 Lochbuie 895 1,168 2,049 Longmont(MCP) - - 24 Mead 356 456 2,017 Milliken 1,506 1,605 2,888 New Raymer 80 98 91 Northglenn(MCP) - - 12 Nunn 295 324 471 Pierce 878 823 884 Platteville 1,662 1,515 2,370 Severance 102 106 597 Thornton - - - Windsor 4,277 5,062 9,612 Unincorporated 35,542 33,001 41,832 MCP. Only those portions located within Weld County. Source: Colorado Division of Local Government—Demographic Section. Source:U.S.Census Bureau. Date Set:Census 2000 Redistricting Data(Public Law 94-171)Summary File. r. 76 APPENDIX 22-E Weld County's Right to Farm Statement Weld County is one of the most productive agricultural counties in the United States,ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal pens,field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;hunting and trapping activities; shooting sports,legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,including the use of aerial spraying. Ditches and reservoirs cannot simply be moved"out of the way"of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Property owners and residents cannot take water from irrigation ditches,lakes or other structures unless they have an adjudicated right to the water. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over four thousand(4,000)square miles in size(twice the size of the State of Delaware) with more than three thousand seven hundred(3,700)miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County and the distances which must be traveled may delay all emergency responses,including law enforcement, ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas,in many cases, will not be equivalent to municipal services. Rural dwellers must,by necessity,be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations,high speed traffic,sand burs, puncture vines, territorial farm dogs and, livestock and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. r 77 APPENDIX 22-F Tax Limitations Property taxes are the primary source of revenue to operate Weld County government. The county Home Rule Charter and the state TABOR and Gallagher amendments limit the amount of tax generated revenue that can be collected each year. Weld County adopted the Home Rule Charter in 1975, which limits increases in tax revenue to 5% per year. This limitation may be circumvented if the County Council deems it necessary by granting an increased mill levy. There are some regulations the County Council must follow in granting this increase. If the County Council fails or refuses to act, or increases the mill levy beyond its authorization, the question of increasing the mill levy may be submitted to the qualified electors of the county at a general or special election. The state TABOR amendment operates somewhat like the county Home Rule Charter in that it limits the amount of increase in property tax revenue from year to year. The TABOR amendment limitations may also be changed or eliminated by a vote of the people. The state Gallagher Amendment provision in the 1982 Amendment 1 stabilized the share of residential assessed value in the total statewide property tax base at approximately forty-five(45%). Prior to 1982,the share of residential property assessed value as a percentage of total statewide-assessed value had been steadily creeping upward. The result of this stabilization of the residential share of property tax revenue collections at about forty-five(45%)has shifted the tax burden to all nonresidential property owners in the State. The State Legislature establishes an assessment rate each year for residential property in order to comply with the Gallagher Amendment. The rate for the 2001 tax year was 9.15% as compared to 21%prior to passage of the Gallagher Amendment in 1982. 78 APPENDIX 22-G r. Mixed Use Development Area(MUD)Land Use Plan Distribution Land Use/Intensity Acres %Total Area RemarksI Employment Center—High Intensity 2,748 19% 31 million square feet of floor space Regional Commercial—Medium 437 3% 19 million square feet of floor space Intensity 11 Neighborhood Center—Low Intensity 195 1% .9 million square feet of floor space I I Residential—Mixed Intensity 6,263 42% Maximum population:59,076 people and approximately 23,561 dwelling units Limiting Site Factors—Lowest 4,215 28% All areas delineated are within the 100-year floodplain or Intensity have elements that obstruct or are hazardous to certain types of development IRegional Park 852 6% Areas delineated as open space I TOTAL 14,710 100% Table Assumptions: Source: Weld County Department of Planning Services. • Residential densities were calculated using an average of four dwelling units per acre for all development throughout the MUD area. It was assumed that 25%of the gross land area in residential areas would account for roadways,neighborhood parks and various residential amenities. • Employment center calculations are based on an average of 15,000 square feet of floor area per acre. • Regional commercial calculations are based on an average of 10,000 square feet of floor area per acre. 79 APPENDIX 22-H • Sources 1. Census of Population and Housing, (1990). U.S. Department of Commerce Bureau of the Census. 2. Census of Population Characteristics, (2000). U.S. Department of Commerce Bureau of the Census. 3. Census of Population and Housing, (2000). U.S. Department of Commerce Bureau of the Census. 4. CHAS for Larimer and Weld Counties. 5. Colorado Ag Statistics Service, July 1990. Colorado Ag Statistic 1990. Denver, Colorado. 6. Colorado Agriculture Statistics Service, August 2001. Colorado Ag Statistic 1997. Denver, Colorado. 7. U.S. Department of Commerce—Bureau of the Census. May 1992. 1990 Census of Population and Housing, Summary Colorado. Washington,DC. 8. Colorado Department of Health—Health Statistics Section July 1992. Colorado Vital Statistic 1990. Denver, Colorado. 9. Colorado Division of Local Government—Department of Local Affairs. July 1992. 1990 Census Information on the State of Colorado. Denver, Colorado. 10. Colorado Division of Planning. 1972. Water and Sewer Facility Plan for Weld County, Colorado. Denver, Colorado. 11. Colorado State University and Colorado Department of Ag. 1991. Colorado's Farm and Food System: Farm and Agribusiness Contributions to the Colorado Economy. Fort Collins, Colorado. 12. Eugene G Siemer. (Dec. 1977). Colorado Climate. In J. W. Berry A Climatic Summary for Colorado (pl CLM-CIM-19). Colorado State University. Fort Collins, Colorado. 80
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