HomeMy WebLinkAbout20022403.tiff AAnd P
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r-. WELD COUNTY
CODE ORDINANCE 2002-6
IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, THE WELD
COUNTY CODE, SPECIFICALLY, CHAPTER 22 COMPREHENSIVE PLAN
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and Chapter 22 is revised to
include the following:
CHAPTER 22
COMPREHENSIVE PLAN
Division 1: Preface
ARTICLE I - GENERAL PROVISIONS
Sec. 22-1-10. Introduction
A. 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.
B. 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
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accompanying draft of the 2002 Weld County Comprehensive Plan. The Preface is
intended to present an overview of the Plan and outline the components of the Plan.
C. 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.
Division 2, Content of the Plan
Sec. 22-1-50. Content of Plan.
A. 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
B. The Preface will present the highlights of each of these Articles. It is important to note that
each Article has many sections and a thorough reading of the WCCP is essential to fully
understand the substance of the document.
C. 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.
1. The Guiding Principles are:
a. Private Property Rights. One of the basic principles upon which the United
States was founded and continues to preserve is that 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, safety, and welfare. It is the goal of the Comprehensive
Plan to express the needs and vision of a developing county, while
protecting individual property rights.
b. Respect for our Agricultural Tradition. 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
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,.. 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, and
should not be approved or denied solely on the basis of public
sentiment.
3) It provides open communication through the development review
process to neighbors and communities most impacted by proposed
changes.
4) It maintains consistent requirements coupled with flexibility within the
implementation criteria.
5) It allows easy access to information about the process so affected
parties may be adequately educated.
6) It has an established ap
peal process.
7) It allows for approval when all written criteria of the land use
regulations are met.
d. Recognition of Weld County's Diversity. Weld County's 4,000 square mile
area is diverse geographically, demographically, culturally, socially and
economically. Land use changes therefore must afford flexibility based on
the specific location and the particular circumstances encountered within
this locality. It is also important to weigh the cumulative impacts that specific
land use changes will have.
e. Regulations Addressing Land Use Changes. Land use regulations which
address land use changes should be written so as protect the rights of
private property owners, the public health, safety, and welfare.
f. Economic Prosperity. Land use policies should facilitate and compliment a
diverse economic prosperity and harmonize with associated growth.
2. Another important part of the General Provisions is in the Section entitled"Planning
Process." This Section deals with the interaction of the County, other agencies of
the Federal, State, and Local governments, citizens interested in land use matters,
and the applicant proposing a land use change on a property in which 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:
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a. The County will encourage citizen participation in the planning process.
b. The County will encourage and promote coordination and cooperation
between Federal, State,and local government entities charged with making
decisions which significantly affect land uses in unincorporated Weld
County.
c. The County will discourage inappropriate development in natural hazard
areas and reduce environmental degradation as much as possible.
d. The County will consider recommendations from referral agencies and
professionals in making recommendations on land use applications.
e. The County will cooperate with the applicant to achieve the objectives of the
applicant while ensuring the health, safety, and welfare of County residents.
D. ARTICLE II - LAND USE CATEGORIES: This Article lists land use categories such as
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 1-25 Mixed Use Development
Area (MUD) is also addressed in this Article with Goals and Policies specific to this area
included.
1. 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.
2. 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:
a. Urban growth occurring where it is appropriate.
b. Development outside of i , 1t€� willoccuronlyattheintensitythatcan
be supported.
c. Agriculture will be supported and will continue as a mainstay of the County.
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d. All future land uses will be considered with an eye on quality.
3. As described above, there are several land use categories with each category
having associated Goals and Policies. The following is a summary of each
category:
a. Agriculture: The importance of agriculture in 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.
1) Conversion of agricultural lands to urban uses will be considered,
but only in the areas in or around existing municipalities or in other
areas where adequate facilities such as roads, sanitary sewer,
water, etc., and adequate services such as fire protection, police,
schools, etc., are ourrently'auaitable or reasonably obtainable.
Compatibility of land uses will also be considered.
2) 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.
3) Supporting agriculture will include protecting agricultural uses by
recognizing the "right to farm" and making significant efforts to
inform residents of the county about agricultural operations.
Furthermore, water and water rights are addressed in this section,
reinforcing the importance of water and irrigation facilities in the
agricultural economy. It is important to remember that state law
governs and administers all water rights and water rules.
b. Industrial: Industrial development that is not directly related to agriculture
is intended to be located inside il `pSptties or in areas that can support
the activity with adequate services and facilities. Industrial development is
encouraged because of the economic benefits associated with it, but it is
necessary to locate industrial uses appropriately to assure that impacts are
addressed. Industrial uses directly related to agriculture may be
accommodated in agricultural areas.
c. Commercial: Urban commercial uses will be encouraged when located
inside urban areas or where support for such uses is cCtlt o, _,,,,
. Mitigation of the impacts of commercial uses is
rata
essential to assure compatibility with surrounding land uses and to avoid
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undesirable conflicts. Commercial uses directly related to agriculture may
be accommodated in agricultural areas.
d. Residential: Residential development is classified in two categories, urban
scale development and non-urban scale development.
1) Urban scale development, as defined in Chapter 23 Zoning, and
Chapter 27 PUD, should be located inside urban growth boundary
areas, or in areas where appropriate services and facilities are
currently avalitible.,orteasene yotgainable.
2) Non-urban scale development,as defined in Chapter 23 Zoning,and
Chapter 27 PUD, may be accommodated in other areas of the
county; but the density and intensity of any non-urban scale
residential development will be thoroughly scrutinized to address the
issues of compatibility, availability, and adequacy of infrastructure
and services, impacts on the natural environment, fiscal impacts on
the county, and other issues specific to each proposal. Planning
techniques, such as clustering, conservation easements,
exemptions, etc., will be encouraged to facilitate retaining portions
of some non-urban scale developments to be used as agricultural
lands.
e. 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.
f. Planned Unit Development: The PUD section expresses the desire of the
county to evaluate development proposals in a process that encourages
flexibility and variety. The various land use categories and the associated
rules and requirements of each category will be used to evaluate any land
development proposal; but, the mechanism of the PUD allows variations to
the standards to be incorporated into development designs that will improve
the quality of the development. The PUD establishes a cooperative
relationship between landowner and the county planning services
department to facilitate collaboration,which will result in better development
in Weld County. This approach promotes quality, creativity, innovation and
flexibility.
4. The cumulative effect of the Goals and Policies described in Article II will result in:
a. Maintaining the prominence of agriculture in the county.
b. Urbanization occurring in and around the cities and towns within Weld
County.
c. Property owners rights and responsibilities will be balanced.
d. The quality of land uses will remain high.
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,,, E. ARTICLE III - LAND USE AMENITIES: This Article is made up of two areas of discussion:
Public Facilities and Services, and Transportation.
1. Public Facilities and Services: Public facilities and services include such things as
fire protection, law enforcement,water, sewer, roadways, schools, parks and open
space, and other facilities and services. Any proposal to change land uses will
require an examination of the change and how it is influenced by or influences these
facilities and services. Development will be required to align itself to the adequacy
of facilities and services.
2. Transportation: Transportation includes discussions about the county 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.
F. ARTICLE IV- ENVIRONMENTAL RESOURCES: This Article deals with air quality, water
quality, noise and waste. The impacts from proposed land uses on air, water, noise,waste
and public health should be considered. The intent is to maintain or improve these
environmental resources to prevent harm to life, health and property.
1. 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.
G. ARTICLE V - NATURAL RESOURCES: This article discusses wildlife, open space,
commercial and mineral deposits, and oil and gas deposits.
1. Wildlife: The county recognizes that wildlife is an important contributor to the
economic health and quality of life in 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.
2. Open Space: The central theme of the county's open space Goals and Policies is
to minimize conflicts between areas for open space and development. It is
acknowledged in this section that much of the open, undeveloped land in 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.
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3. 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.
4. Oil and Gas Deposits: As with mineral deposits, oil and gas are primarily regulated
by state and federal agencies. The county expects oil and gas exploration and
production to be conducted in a manner which minimizes interference with existing
surface uses and mitigates the impacts to present and future land uses.
H. APPENDIX: The Appendix contains maps, charts and other data relevant to the plan. It
also includes "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
Division 3, General Provisions
Sec. 22-1-100. 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. 22-1-110. Relationship to planning documents.
A. The Comprehensive Plan identifies specific land use goals and policies which are intended
to provide guidance and direction for existing and future land use. The basic documents
used by the County to carry out the goals and policies of the Comprehensive Plan as
contained in this Chapter, are the Intergovernmental Agreements,Zoning and Subdivision
Ordinances and the Mixed Use Development 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 IN itaaaa.
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.
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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 22-1-120. 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 and continues to preserve is the right of citizens to own and utilize their property.
Private property rights are not unlimited rights but rather rights balanced with the
responsibility of protecting community health, safety, and welfare. It is the goal of the
Comprehensive Plan to express the needs and vision of a developing county, while
protecting individual property rights.
B. Respect for our Agricultural Tradition. 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, and should not be
approved or denied solely on the basis of public sentiment.
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.
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5. It allows easy access to information about the process so affected parties may be
adequately educated.
6. It has an established appeal process.
7. It allows for approval when all written criteria of the land use regulations are met.
D. Recognition of Weld County's Diversity. Weld County's 4,000 square mile area is diverse
geographically, demographically, culturally, socially and economically. Land use changes,
therefore, must afford flexibility based on the specific location and the particular
circumstances encountered within this locality. It is also important to weigh the cumulative
impacts that specific land use changes will have.
E. Regulations Addressing Land Use Changes. Land use regulations which address land use
changes should be written so as protect the rights of private property owners, the public
health, safety, and welfare.
F. Economic Prosperity. Land use policies should facilitate and compliment a diverse
economic prosperity and harmonize with associated growth.
Sec. 22-1-130. Principal plan components.
A. Goals and policies are the two (2) principal components of this Chapter. The goals are
expressed as written statements and represent the direction county citizens have selected
for the future. Goals we developed and adopted with input from the public, civic
organizations, rrttlrt1d$ttre 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. 22-1-140. Planning process.
A. The County planning process is designed to provide a consistent review of individual land
use matters. The County Staff, Board of Adjustment, Utility Board and Planning
Commission are the four (4) groups responsible for processing and evaluating land use
applications in the county. The Board of County Commissioners is the group responsible
for planning decisions in the county. Chapters 19, 22, 23, 24, 26 and 27 of this Code, are
the essential documents describing the planning review, decision-making and appeal
process.
B. The Department of Planning Services welcomes the opportunity to discuss the planning
process with interested persons. Most initial discussions and inquiries about the planning
process, including land use applications, site plan review procedures and the zone district
classifications, begin with the Department of Planning Services.
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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
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.
Sec. 22-1-150. Comprehensive Plan amendment procedure.
Evaluation of the Comprehensive Plan, contained in this Chapter, is necessary to provide an
accurate statement of County land use goals and policies based on current data and the needs of
County citizens. Therefore, when changes in the social, physical or economic conditions of the
County occur, it becomes necessary to reevaluate and change land use goals and policies. The
following procedures have been established to amend the Comprehensive Plan.
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
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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.
2. The petitioner shall pay for the cost of legal publication of the proposed amendment
and all land use application fees.
3. A typewritten original and 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 1-25 Mixed Use Development Area Map, the
proposed amendment must:
a. Demonstrate the proposed 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. 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
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:
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1) Introduction: Describe the proposed development and parameters
of the study area.
2) Trip generation: Determine daily and a.m. and p.m. peak-hour trip
generation for the proposed development using established rates
identified in the Trip Generation Manual published by the Institute of
Transportation Engineers or as agreed to by County staff.
3) Trip distribution: Based on assumptions contained in the MUD area
traffic analysis or market estimate, describe the anticipated trip
distribution patterns for the proposed development.
4) Trip assignment: Based on the projected trip generation, assumed
trip distribution and the prevailing roadway network, assign the
projected traffic to the intersections and streets within the study
area.
5) Any reasonable additional information deemed necessary for review.
5. The Department of Planning Services shall, upon submission of a request to amend
the Comprehensive Plan:
a. Ensure that all application submittal requirements are met prior to initiating
any official action.
b. Set a Planning Commission hearing date.
c. Arrange for legal notice of said hearing to be published one (1) time in the
newspaper designated by the Board of County Commissioners for
publication of notices. The date of publication shall be at least ten (10)days
prior to the hearing.
d. Arrange for a press release regarding the proposed amendment in order to
inform as many County citizens and interested parties as possible.
e. Prepare a recommendation for consideration by the Planning Commission.
6. The Department of Planning Staff's 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. Referral Agency responses have been received and considered.
7. In the case of any amendment to the 1-25 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
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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.
c. The proposed number of new residents will be adequately served by the
social amenities, such as schools, of the community.
d. The proposed amendment has demonstrated that adequate services are
currently available ar teaaOttibty Obtainable.
e. Referral Agency responses have been received and considered.
8. The Planning Commission shall hold a public hearing to consider the proposed
amendment to the Comprehensive Plan text and maps. The Planning Commission
shall recommend approval or denial of the proposed amendment to the Board of
County Commissioners.
9. The Planning Commission shall consider the proposed amendment, the
Department of Planning Services' recommendation, and any public testimony and
determine whether:
a. The existing Comprehensive Plan is in need of revision as proposed.
b. The proposed amendment will be consistent with existing and future goals,
policies and needs of the County.
10. The Board of County Commissioners shall receive the Planning Commission
recommendation and planning staff recommendation at a public meeting. Receipt
of the recommendation shall constitute the first reading of the Comprehensive Plan
ordinance. The second reading of the ordinance shall take place not more than
sixty (60) days after receipt of the Planning Commission's recommendation. The
Board of County Commissioners may then proceed to a third and final hearing of
the Comprehensive Plan ordinance.At the close of the public hearing, the Board of
County Commissioners may amend the Comprehensive Plan according to the
procedures established in Section 3-14 of the Home Rule Charter.
11. The Board of County Commissioners shall consider the proposed amendment, the
Planning Commission's recommendation and any public testimony, and determine
whether:
a. The existing Comprehensive Plan is in need of revision as proposed.
b. The proposed amendment will be consistent with existing and future goals,
policies and needs of the County.
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Sec. 22-1-160. 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 and Broomfield Counties, and on the north by
Wyoming and Nebraska. See Figure 22.1 below. The largest municipality in the County is
the City of Greeley, with a 2000 Census population of 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 I-25 and Highway 85 for north and
south transit, Highway 14 and Highway 52 for east and west transit, Interstate 76 for more
easterly travel, and the several Colorado highways which traverse the region, as well as
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 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. 22-1-170. County population.
A. The population growth rate has been approximately twenty-five percent(25%)per decade,
which is more than triple the national average. Between 1990 and 2000, the population
increased thirty-seven percent (37%). Approximately seventy-three percent (73%) of the
population is located in an eight-hundred-square-mile area in the southwestern part of the
County. The 2000 population density for this area is approximately one hundred fifty-nine
(159) people per square mile. The population density of this area increased seven percent
(7%)from 1990 to 2000.
B. In 2000, 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
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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 the 2000 Census, Weld County had a per capita personal income (PCPI) of $18,957,
compared to the State's of $24,049. This PCPI was in the 76th percentile of the national
average. Weld County's median household income in the 2000 Census was $42,321,
compared to Colorado's median household income of$47,203.
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.
1. 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
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PAGE 16 ORD2002-6
Elements: People, Resources, Systems and the Rest of the World. We are able
to evaluate their size or impact by looking at:
a. Employment and Income in Basic Industries.
b. Employment and Income in Indirect Basic Industries and Local Resident
Service Industries.
2. The Economic Base Analysis for Weld County may be found in Appendix 22A.
ARTICLE II 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.
B. Throughout the history of the County, population and economic growth required the
development of previously undeveloped land. Future growth will require continued urban
land area expansion within municipal urban growth boundary areas, as well as amounts of
rural area development. Much of this expansion will, as it has in the past, require the
conversion of land categorized as farmland to urban uses.
C. Over the last decade, 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 1-25 and Highway 85, growth has been very rapid. Most of this growth
is associated with aggressive annexations by smaller towns, reaching out to the highways
to capture potential commercial and industrial users, which will boost their tax bases. A
good part of the residential growth is from people seeking more affordable housing and a
smaller town environment, even though they commute to the employment centers around
the Denver/Boulder Metro area. In the unincorporated areas of Weld County, some large
lot development has occurred in the growth corridor, as well as in the other areas of the
County, offering a different product for those who want a more rural lifestyle and a less
crowded place to live.
D. Even with increased growth and a significant increase in the number and size of
annexations, agricultural land use remains the predominant land use in the County.
E. These factors, and others, all combine to create a conflict between the desire to support
agriculture and the economic pressures on the landowners to develop their agricultural
lands. As the economy of Colorado continues to advance, it is likely that the conversion of
agricultural lands to more urbanized uses will also continue.
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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
and orderly growth in relation to the existing and future land use patterns and establishes
minimum guidelines for growth within the County.
B. The provision of infrastructure such as transportation systems, sewage disposal, or water
systems, are important aspects to consider during the planning stages of development.
The capacity of planned and future infrastructure shall be evaluated on a site-specific basis.
The impact to the surrounding area shall also be considered.
C. Weld County recognizes that well-planned growth requires basic services such as
transportation, fire, and police protection.
D. 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.
E. 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 management tools, including without limitation, the following:
1. Cooperation shall be encouraged between agricultural operations and development,
both urban and rural. This cooperation provides the opportunity to reduce conflicts
and competition,and encourages mutual appreciation of the vital importance of both
entities.
2. Work with the municipalities in the County through Intergovernmental Agreements
and urban growth boundaries to address the qualtity of developments, particularly
in the areas of transition between the rlitiOISW t't 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 agricultural land owner as well as the subdivision
resident. It is important that these issues are recognized and addressed.
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PAGE 18 ORD2002-6
3. Accommodate development of lands outside of municipalitieswhich may include
land within urban growth boundaries if:
a. The impacts of such development are adequately addressed;
b. The infrastructure is capable of handling the intensity of the developments;
c. The pattern of development is compatible with the region.
4. Encourage the conservation of agricultural lands as well as significant geographic
areas (i.e. rivers, major drainage-ways, jurisdictional wetlands, etc.) through the
implementation of voluntary incentives such as:
a. Open space acquisitions.
b. Conservation easements.
c. Transfer of development rights.
d. Other innovative and creative techniques such as, but not limited to, those
made by the Agriculture Study Committee, which is dated December 17,
1999, and is on file at the Department of Planning Services and Clerk to the
Board's Office.
5. Support agriculture by adopting policies and regulations that do not create
regulatory burdens on the agricultural producer.
6. Promote quality planning that is:
a. Sensitive to the surrounding land uses.
b. Respectful of the natural environment.
c. Protective of the health, safety, and welfare of the citizens of Weld County.
d. Regionally linked i.e. by roadways and trails.
e. Cognizant of incorporating progressive planning concepts creating an
aesthetically pleasing and functionally livable community.
F. By following the Guiding Principles of the Comprehensive Plan and applying growth tools,
such as those referred to above, future land uses in Weld County will result in:
1. Urban growth occurring where it is appropriate as determined through the land use
application process.
2. Non-Urban growth outside of tYtUFttjplt$ will occur only at the intensity that can
be supported, as determined through the land use application process.
3. Agriculture will be supported and continue to be a mainstay of the County.
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4. All future land uses will be considered with an eye on quality.
G. This approach will not halt the changes that are occurring, but it will allow the citizens to
manage these changes so Weld County will continue to be a great place to live.
H. Consideration of the impact of the effect of the various Overlay Districts shall be given to
lands under development consideration. Consideration of the protection of the heatlh,
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.
3. Additional land containing limiting site factors is located along irrigation canals and
ditches and adjacent to lakes. To the maximum extent practical, development
within areas having limiting site factors shall be located to preserve the natural
features of the site, to avoid areas of environmental sensitivity, and to minimize
negative impacts and alteration of natural features.
4. Development in the 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.
5. For development in the Geological Hazard Area, landowners should consult the
appropriate section of Chapter 23 as well as contact the State of Colorado
Geological Survey Section.
6. For development in the Airport Overlay Area, landowners should consult the
appropriate section of Chapter 23 as well as contact the Greeley/Weld County
Airport Authority.
Sec. 22-2-30 Agriculture.
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A. Weld County consistently ranks among the top five counties in the nation in terms of
receipts for agricultural products by the Census of Agriculture since 1964. The County is
one of the most productive agricultural counties 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.
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.
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.
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/., 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 A(Agricultural)Zone District also provide relatively open
landscapes, they are privately owned. Unlike urban open space areas, public access to
these lands is not allowed. These lands are not guaranteed to remain traditional
agricultural lands, but can be converted by the individual land owner to other uses through
the appropriate land use process.
F. As a secondary benefit, agricultural land use helps to maintain natural systems and natural
processes. These may include the preservation of wetlands, small watersheds, aquifer
recharge areas, 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.
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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 farming 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.
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 is 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. Land used for
agricultural purposes may eventually be converted to another use in accordance with State
and County land use regulations.
Sec. 22-2-60. Agricultural goals and policies.
A. A.Goal 1. Conserve agricultural land for agricultural purposes which foster the economic
health and continuance of agriculture.
1. A.Policy 1.1. Agricultural zoning will be established and maintained and promote
the County's agricultural industry. Agricultural zoning is intended to provide areas
for agricultural activities and other uses interdependent upon agriculture.
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a. The availability of a consistent supply of irrigation water must exist in order
to have irrigated farmland. Irrigated farmland is land that has the best
combination of physical and chemical characteristics for producing food,
feed, forage, fiber and oilseed crops, and is also available for these uses
(the land could be 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, farmlands have an
adequate and dependable water supply from precipitation or irrigation, a
favorable temperature and growing season, acceptable acidity or alkalinity,
acceptable salt and sodium content, and few or no rocks. Farmlands are
permeable to water and air. Farmlands are not excessively erodible or
saturated with water for a long period of time, and they either do not flood
frequently or are protected from flooding.
2. A.Policy 1.2. The County should support the development of creative policies to
conserve agricultural land, including preservation techniques and prioritizing
incentives.
3. A.Policy 1.3. Allow commercial and industrial uses,which are directly related to, or
dependent upon agriculture, to locate within the A(Agricultural)Zone District when
the impact to surrounding properties is minimal and where adequate services and
infrastructure are currently' 'available or 'rea ll-tatily obtainable. Agricultural
businesses and industries will be encouraged to locate in areas that minimize the
removal of agricultural land from production. Agricultural business and industries
are defined as those which are related to ranching, livestock production, farming
and agricultural uses.
B. A.Goal 2. Conversion of agricultural land to urban scale residential, commercial and
industrial uses will be considered when the subject site is located inside an approved
intergovernmental agreement area, urban growth boundary area, I-25 Mixed Use
Development area, or urban development nodes,or where adequate services are currently
editablet or reasonably obtainable. This goal is intended to address conversion of
agricultural land to minimize the incompatibilities that occur between uses in the A
(Agricultural)Zone District and other zoned districts that allow urban uses. In addition, this
goal is expected to contribute to minimizing the costs to County taxpayers of providing
additional public services in rural areas for uses that require services on an urban scale.
1. A.Policy 2.1. If it is determined that public facilities, service improvements, or
maintenance items are required by a development, the land use applicant,
developer, or 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 2.1.1. Information which accurately identifies all users of the
infrastructure improvements and maintenance.
b. A.Policy 2.1.2. A proposal which equitably distributes the costs of
infrastructure improvements and maintenance by user share.
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c. A.Policy 2.1.3. A proposal that identifies the appropriate time that
infrastructure improvements and maintenance charges should be applied.
d. A.Policy 2.1.4. A municipality's adopted comprehensive plan goals and
policies will be considered when an agricultural business is proposed to
expand within an urban growth boundary area.
C. A.Goal 3. Provide 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 currently available or reasonably obtainable.
1. A.Policy 3.1. Options for the division of agriculturally-zoned land are available in
Chapters 24 and 27 of this Code.
2. A.Policy 3.2. Availability of services such as electricity, telephone, water, natural
gas, sewer, sheriff and fire protection will determine the intensity of development
allowed.
3. A.Policy 3.3. Applications for the division of land which is zoned agricultural, shall
be reviewed in accordance with all potential impacts to surrounding properties and
referral agencies. The criterion shall include but not be limited to:
a. A.Policy 3.3.1. Soil Classifications.
b. A.Policy3.3.2.Availability, location and accessibility to existing infrastructure
and utilities.
c. A.Policy 3.3.3. Ensure safe and adequate access onto County Roads or
State Highways.
d. A.Policy 3.3.4. Consideration of existing improvements or structures.
e. A.Policy 3.3.5. Encourage techniques and incentives such as easements,
clusters, building envelopes and setbacks to minimize the impacts on
surrounding agricultural land when conversion to another use occurs and to
ensure the health, safety, and welfare of the inhabitants of Weld County.
f. A.Policy 3.3.6. Lot and Building Envelope design and placement may be
employed and conflicts will be mitigated between existing agricultural uses
and future non-agricultural uses.
D. A.Goal 4. 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.
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PAGE 25 ORD2002-6
1. A.Policy 4.1. 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 4.1.1. Soil Classifications.
b. A.Policy 4.1.2. Availability, location and accessibility to existing
infrastructure and utilities.
c. A.Policy 4.1.3. Ensure safe and adequate access onto County Roads or
State Highways.
d. A.Policy 4.1.4. The level of development associated with the site.
e. A.Policy 4.1.5. Consideration of existing improvements or structures.
f. A.Policy 4.1.6. The impacts on services such as fire protection, law
enforcement, school districts, etc.
E. A.Goal 5. The extraction of minerals and oil and gas resources should conserve the land
and minimize the impact on agricultural land.
1. A.Policy 5.1. The County encourages oil and gas drilling activities to be coordinated
with seasonal production schedules.
2. A.Policy 5.2. When feasible, existing service roads should be utilized to provide
access for oil and gas activities.
F. A.Goal 6. Public facilities and services such as sewer, water, roads, schools, and fire and
police protection, must be provided and developed in a timely, orderly and efficient manner
to support the transition of agricultural land to other development uses. In evaluating a land
use application, County representatives and the applicant will consider the public facilities
and services goals and policies.
1. A.Policy 6.1. The County will encourage developers and utility providers to deliver
services in conjunction with development.
2. A.Policy 6.2. Applicants for development are responsible to determine the status
of a water well through the State Division of Water Resources and shall be aware
that ownership of a parcel of land with a well does not guarantee the use of the well.
The State Division of Water Resources shall be contacted by the applicant.
3. k Policy 6.3. A licants for development shall fully disclose the quantity IN
�. � o
® ° 19��° j60k51e and source of domestic and non-domestic water
to service the proposed development during the land-use applic..Ttion process.
G. A.Goal 7. Protect agricultural uses from encroachment by those uses which hinder the
operations of the agricultural enterprises.
C
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PAGE 26 ORD2002-6
Sec. 22-2-90. Benefits of Urban Development.
A. Urban development is the most centralized and,therefore,the most intense land use. More
people live in urban centers than live outside urban centers because they appreciate the
closeness and convenience of services that are currently available or reasonably
obtainable. 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. 22-2-100. Urban growth
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 three-mile referral,
intergovernmental urban growth boundary agreements, and the standard one-half mile
urban growth boundary. When growth at the municipality/county level is not coordinated,
problems can occur with incompatible adjacent land uses as the most obvious.
B. Efficient and orderly land development and the conservation of agricultural land suggests
that urban-type development take place in or adjacent to existing municpalttias or where
adequate infrastructure can be obtained. Urban development adjacent to muntaipatittS is
appropriate if urban services can be extended to serve the area.
C. The intergovernmental urban growth boundary agreement is a tool for coordinating
development at the municipality/ county interface. The individual landowners of property
within the urban growth boundaries shall be notified of any negotiations and consideration
of intergovernmental urban growth boundary agreements. In the spring of 1994, believing
that each community should direct its growth, the Board of County Commissioners began
contacting each municipality to establish their own tailor-made growth areas. The Board
of County Commissioners imparted three (3) criteria to guide the municipalities:
1. Growth should pay for itself, in terms of initial costs and, in the long range, through
good design and functional efficiency.
2. Annexation patterns should directly correlate with municipal service areas.
3. When a municipality and the County enter into an urban growth boundary
agreement, the County agrees to consider the municipality's vision for future
development in the area. Likewise, the municipality agrees to limit its expansion to
the defined areas where it plans to provide municipal services. It is understood that
2002-2403
PAGE 29 ORD2002-6
urban growth is an ongoing process and urban growth boundary agreements will be
subject to revision as needed.
D. The County, in accordance with state statutes, refers land use proposals for review and
comment to any jurisdiction within three (3) miles of the site of the proposed change. The
municipality is given an opportunity to comment, and the comments are considered by the
Planning Commission and the Board of County Commissioners when they vote on the
proposed land use change. Regardless of any other agreements between a municipality
and the County for growth and service areas, the County will continue the three-mile
referrals.
E. In the absence of an urban growth boundary agreement, the County recognizes a standard
urban growth boundary. This is a one-half-mile perimeter from the existing public sanitary
sewer facilities. The 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.
F. The Mixed Use Development area and Urban Growth Nodes are identified areas of
potential urban growth. The Mixed Use Development area (a specifically defined
geographic area in Southwestern Weld County) and Urban Growth Nodes (concentrated
urban development located along or adjacent to the intersection of two (2) or more roads
in the state highway system, positioned throughout the County) are intended to provide a
foundation to enable the County and its citizens to make appropriate decisions regarding
future development within a specified 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.
1. The Urban Development Node is defined as:
a. A site location of concentrated urban development located along or adjacent
to the intersection of two (2) or more roads in the state highway system; or
b. A major concentration of development that requires appropriate
infrastructure, well-designed and managed road access and high visibility.
The boundaries of these areas are identified as being located within a
one-quarter mile radius of two (2) or more roads in the state highway
system. The development standards in these areas are based upon the
impacts which urban development will have on the 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.
c. Land Use Components are delineated on Structural Land Use Map 2.1,
located in Appendix 22-H, the most recent copy of which is on file at the
Clerk to the Board's office and the Department of Planning Services.
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PAGE 30 ORD2002-6
Sec. 22-2-110. Urban growth boundaries goals and policies.
The most recent copy of the Urban Growth Boundary map is on file at the Clerk to the Board's
office and the Department of Planning Services. The following goals and policies are established
for urban growth boundaries:
A. UGB.Goal 1. The County will encourage and assist each municipality in establishing an
intergovernmental urban growth boundary agreement.
1. UGB.Policy 1.1. The County recognizes that municipalities can and should plan its
own future in terms of the nature and rate of growth.
2. UGB.Policy 1.2. Revise intergovernmental agreements as required by changing
conditions.
3. UGB.Policy 1.3. The county encourages each municipality to plan 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.Goal 2. Concentrate urban development in or adjacent to existing municipalities, an
approved IGA, the 1-25 Mixed Use Development area,urban growth boundary areas, urban
development nodes, or where urban infrastructure is currentjy available or reasonably
Pl it ie.
1. UGB.Policy 2.1. Land use development proposals within an urban growth boundary
area will be determined according to the procedure set forth in Chapters 22 and 23
of this Code.
2. UGB.Policy 2.2. Individuals making initial contact with the County regarding land
use development should be informed of the policy of directing urban growth to, or
adjacent to, municipalities and the 1-25 MUD, or where urban infrastructure is
ptgrentl +;a+allable or reasonatrly.obtei aja
3. UGB.Policy 2.3. Until intergovernmental agreements are in place, urban growth
boundaries will be defined as a one half-mile perimeter around the existing public
sanitary sewer facilities.
C. UGB.Goal 3 The County and municipalities should coordinate land use planning in urban
growth boundary areas, including development policies and standards, zoning, street and
highway construction,open space,public infrastructure and other matters affecting efficient
development.
1. UGB.Policy 3.1. The County may consider approving a land use development
within an urban growth boundary area, if all of the following criteria are met:
a. UGB.Policy 3.1.1. The adjacent municipality does not consent to annex the
land or property in a timely manner or annexation is not legally possible.
2002-2403
PAGE 31 ORD2002-6
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:
1) 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
reimbursements to the developer.
D. UGB.Goal 4. Whenever possible, open space within urban development should be
connected to existing open space.
Sec. 22-2-120. Unincorporated communities.
A. The County's rural areas contain a number of small unincorporated residential communities
that are surrounded by agricultural districts and agricultural uses. These communities
provide housing for those predominantly employed in agricultural and other industries. The
communities also serve as small commercial centers for surrounding farm areas.
B. Population growth has occurred in these communities despite a lack of community water
and/or sewer facilities and their remote locations. These settlements will probably continue
to function as rural centers serving the needs of the surrounding rural population.
C. Regional services such as 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 curreii t avarl l$', i W ,,' a Sry,obtairiatiie.
Sec. 22-2-130. Unincorporated community goals and policies.
A. UC.Goal 1. Assure proper location and operation of compatible land uses by maintaining
land use regulations within unincorporated communities.
1. UC. Policy 1.1. Expansion of existing unincorporated communities will be based on
the following criteria:
2002-2403
PAGE 32 ORD2002-6
a. UC. Policy 1.1.1. Urban growth boundary goals and policies should apply
in reviewing land use applications which are adjacent to or propose to
expand existing unincorporated communities.
b. UC. Policy 1.1.2. Additionally, any goals and policies adopted for a
particular type of development will also be used for review and evaluation.
For example, the planned unit development goals and policies would also
apply when reviewing a planned unit development application adjacent to an
unincorporated community.
B. UC.Goal 2. Maintain the rural character of these settlements.
C. UC.Goal 3. Encourage infill of existing vacant platted lots.
D. UC.Goal 4. Promote a quality environment which is free of unsightly materials, including
but not limited to, derelict vehicles, refuse and litter.
1. UC.Policy 4.1. Property owners should demonstrate responsibility of ownership by
minimizing safety and health hazards resulting from, but not limited to, derelict
structures, derelict vehicles and non-commercial junkyards.
2. UC.Policy 4.2. Develop programs for the cleanup of derelict property, junk and
weeds.
Sec. 22-2-140. Industrial development.
In Industrial Zone Districts, development is typically oriented toward transportation facilities and
is located where traffic, noise, air and visual pollution conflicts with residential, commercial and
agricultural uses are minimal. It is the County's intent to accommodate industrial development
proposals when the subject site is located inside an approved intergovernmental agreement area,
urban growth boundary area, 1-25 Mixed Use Development area, urban development nodes, or
where adequate services are cUrrert#lyara lableorreasonaOlyobta) ait 1 . Land zoned for industrial
use is found in almost every municipality in the County. This dispersed pattern allows for local job
opportunities.
Sec. 22-2-150. Industrial development goals and policies.
A. I.Goal 1. Conversion of agricultural land to industrial uses will be encouraged when the
subject site is located inside an approved intergovernmental agreement area, urban growth
boundary area or 1-25 Mixed Use Development area urban development nodes, or where
adequate services are'Ot1tretr`f)y available or'r`easalaklieft ble This goal is intended
to address conversion of agricultural land to minimize the incompatibilities that occur
between uses in the A(Agricultural)Zone District and other zoned districts that allow urban
scale uses. In addition, this goal is expected to minimize the costs to County taxpayers of
providing additional public services in rural areas for uses that require services on an urban
scale level.
B. I.Goal 2. Encourage the expansion and diversification of the industrial economic base.
1. I.Policy 2.1. Accommodate new industrial development within planned industrial
areas.
2002-2403
PAGE 33 ORD2002-6
2. (.Policy 2.2. The applicant shall ensure that adequate services and facilities are
currenNy available or reasonably obtainable.
3. (.Policy 2.3. Applicants for development are responsible to determine the status of
a well through the State Division of Water Resources and shall be aware that
ownership of a parcel of land with a well does not guarantee the use of the well.
The State Division of Water Resources shall be contacted by the applicants.
4. (.Policy 2.4. Promote industrial development that is appropriately located in relation
to surrounding land uses, and that meets necessary environmental standards.
5. (.Policy 2.5. Proposed industrial development or expansion of existing industrial
uses should meet federal,state and local environmental standards. In addition, the
criteria for evaluation will include, but not be limited to, the effect the industry would
have on:
a. The natural environment, including air,water quality, natural drainage ways,
soil properties and other physical characteristics of the land.
b. The compatibility with surrounding land use in terms of general use, building
height, scale, density, traffic, dust and noise.
c. The access between public roads and the proposed industrial development
or district. The land use applicant will demonstrate to the satisfaction of the
Board of County Commissioners that the street or highway facilities
providing access to the property are adequate in size and quality to meet the
requirements of the proposed district or development. Internal road
circulation, off-street parking, acceleration lanes, deceleration lanes,
common access collection points, signalization and other traffic
improvements should be required wherever necessary to mitigate traffic
impacts caused by the development.
d. Encourage development that is sensitive to natural patterns and suitability
of the land.
e. Visual and sound barrier landscaping should be required to screen open
storage areas from residential uses or public roads.
C. (.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.
1. (.Policy 3.1. An application for industrial development within a municipality's urban
growth boundary area should be reviewed in accordance with the urban growth
boundary and industrial goals and policies.
2. (.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.
'0^, D. (.Goal 4. All new industrial development should pay its own way.
2002-2403
PAGE 34 ORD2002-6
1. I.Policy 4.1. Provide mechanisms whereby new development pays for the additional
costs associated with those services demanded by new growth. These services
may include but are not limited to law enforcement and fire protection, school site
acquisition, increased road maintenance, road construction or expansion,
emergency services, the extension of utilities and the increased demand or need
for open space and other services provided by local governments.
2. (.Policy 4.2. The applicant has the option to provide an evaluation, which would
include indirect benefits such as sales and use taxes generated by residents;
construction jobs and the associated economic impacts;support of commercial and
industrial operations that pay higher property taxes than residential property;
housing for the work force necessary to the economy; and other indirect benefits.
E. (.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. (.Goal 6. The extraction of minerals and oil and gas resources should preserve the land
and minimize the impact on industrial land uses.
G. (.Goal 7. Promote a quality environment which is free of unsightly materials, including but
not limited to, derelict vehicles, refuse and litter.
1. (.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.
2. (.Policy 7.2. Develop programs for cleanup of derelict property,junk and weeds.
Sec. 22-2-160. Commercial Development.
Commercial zone development is characterized by intense areas for retail, offices, services, and
other uses that are primarily located along major roadways, at major intersections, and in
commercial parks designed to 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, 1-25 Mixed Use Development area, and urban development nodes,
or where adequate services are dttlrer tly;availat le or :reasortt6ly lbl3taihl; btq, are the areas
intended to accommodate commercial zoned development. For example, the 1-25 Mixed Use
Development area has been the focus of capital improvements and services, primarily through the
creation of special districts.
Sec. 22-2-170. Commercial Development Goals and policies.
A. C.Goal 1. Urban commercial uses will be encouraged when the subject site is located
inside an approved intergovernmental agreement area, urban growth boundary area, 1-25
Mixed Use Devellopment area, urban development nodes, or where adequate services are
Sir :. tairg..o..,,.tm.._:76kiatitteato.
2002-2403
PAGE 35 ORD2002-6
1. C.Policy 1.1. Minimize the incompatibilities that occur between uses in the A
(Agricultural) Zone District and other zoned districts that allow urban uses.
2. C.Policy 1.2. Minimize the costs to County taxpayers of providing additional public
services in rural areas for uses that require services on an urban scale.
B. C.Goal 2. Encourage the expansion and diversification of the commercial economic base.
1. C.Policy 2.1. New commercial development should either be located in areas free
of natural hazards, such as wildlife, geologic hazards, floods and high winds, or be
designed to mitigate the hazards.
C. C.Goal 3. Address the compatibility of commercial land uses with adjacent land uses.
1. 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.
2. C.Policy 3.2. New commercial development should demonstrate compatibility with
existing surrounding land use in terms of general use, building height, scale,
density, traffic, dust and noise.
3. C.Policy 3.3. Neighborhood commercial uses will be allowed in residential areas.
These commercial uses will consist only of neighborhood oriented 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.Goal 4. A good working relationship between the public and private sectors is an asset.
The County should continue its support of organizations which foster this economic
development.
E. C.Goal 5. The applicant shall ensure that adequate commercial levels of services and
facilities are °Gt�rr#t?�b� �w�i� t�, aY tdtshably ob3ainabie to serve the commercial
development or district.
1. C.Policy 5.1. The land use application will demonstrate, to the satisfaction of the
Board of County Commissioners, that the street or highway facilities providing
access to the property are adequate to meet the requirements of the proposed
district or development.
2. C.Policy 5.2. Applicants for development are responsible to determine the status
of a water well through the State Division of Water Resources and shall be aware
that ownership of a parcel of land with a well does not guarantee the use of the well.
The State Division of Water Resources shall be contacted by the applicant.
3. C Policy 5.3. Applicants for development shall fully disclose the quantity„..„ R;id`',
oii o. ,q' and source of domestic and non-domestic water
to service the proposed development during the land use application process.
2002-2403
PAGE 36 ORD2002-6
F. C.Goal 6. Recognize the impact of new development on the natural environment and
develop measures to mitigate these impacts.
1. C.Policy 6.1. Encourage designs that preserve desirable natural features,conserve
or create favorable space for wildlife and minimize pollution.
2. C.Policy 6.2. Promote efficient utilization of water resources.
G. C.Goal 7. Encourage the infill of existing commercial developments and provide an
environment which supports growth for existing business.
H. C.Goal 8. All new commercial development should pay its own way.
1. C.Policy 8.1. Provide mechanisms whereby new development pays for the
additional costs associated with those services demanded by new growth. These
services may include but are not limited to law enforcement and fire protection,
school site acquisition, increased road maintenance, road construction or
expansion,emergency services,the extension of utilities and the increased demand
or need for open space and other services provided by local governments.
2. C.Policy 8.2. The applicant has the option to provide an evaluation, which would
include indirect benefits such as sales and use taxes generated by residents;
construction jobs and the associated economic impacts;support of commercial and
industrial operations that pay higher property taxes than residential property;
housing for the work force necessary to the economy; and other indirect benefits.
C.Goal 9. The extraction of minerals and oil and gas resources should conserve and
minimize the impact on the land.
1. C.Policy 9.1. The County encourages oil and gas drilling activities to be coordinated
with seasonal production schedules.
2. C.Policy 9.2. When feasible, existing service roads should be utilized to provide
access for oil and gas activities.
J. C.Goal 10. Promote a quality environment which is free of unsightly materials, including
but not limited to, derelict vehicles, refuse and litter.
1. C.Policy 10.1. Property owners should demonstrate responsibility of ownership by
minimizing safety and health hazards resulting from, but not limited to, derelict
structures, derelict vehicles and non-commercial junkyards
2. C.Policy 10.2. Develop programs for cleanup of derelict property,junk and weeds.
Sec. 22-2-180. Residential development.
A. The intent is to establish residential areas, which reflect affordability and lifestyle choices,
that include dwelling unit type, density, environmental setting and convenience levels.
B. Thorough examination of issues such as compatibility with surrounding and regional land
uses,availability and adequacy of infrastructure and services serving the proposal,impacts
2002-2403
PAGE 37 ORD2002-6
on the natural environment, and other issues shall occur in the review of all residential
developments.
C. 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.
D. Supporting utilities and public services and related facilities are essential to any residential
development. Recognition of this has led the public sector to require that residential
development be accompanied by provisions for adequate facilities and services. The fiscal
constraints upon the County government will not permit indiscriminate development with no
regard for how such services and facilities will be provided.
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 1-25 Mixed Use
Development area,or otherareas where adequate services and infrastructure are currently
available or reasonably obtapnetl .
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 currently
available or reasonablyribta)ntblu 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.
Section 22-2-190. Residential Development Goals And Policies.
A. R.Goal 1. Ensure that adequate public services and facilities are currentty,a aIla ! 1'
reasonably obtainattle to serve the residential development or district.
1. R.Policy 1.1. The land use applicant will demonstrate to the Board of County
Commissioners that adequate sanitary sewage and public water systems are
current40$11 4* ', ' 'it$ habie 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
2002-2403
PAGE 38 ORD2002-6
improvements shall be required wherever necessary to mitigate traffic impacts
caused by the development.
2. R.Policy 1.2. Applications for residential development should be reviewed in
accordance with all applicable policies and goals contained in this Chapter.
B. R.Goal 2. Promote efficient and cost-effective delivery of public facilities and services to
residential development or districts.
1. R.Policy 2.1. The County should encourage a compact form of urban development
by directing residential growth to urban growth boundary areas and to those areas
where urban services are currently avairable or reasonably obtainable before
committing alternate areas to residential use.
2. R.Policy 2.2. All residential development proposals should be reviewed in
accordance with all state and federal standards, including but not limited to the
requirements of the Clean Water and Clean Air Acts.
3. R.Policy 2.3. New residential development should demonstrate compatibility with
existing surrounding land use in terms of general use, building height, scale,
density, traffic, dust and noise.
4. R.Policy 2.4. Conservation of natural site features such as topography, vegetation
and water courses should be considered in the project design.
C. R.Goal 3. Urban residential uses will be encouraged when the subject site is located inside
of an approved intergovernmental agreement area, urban growth boundary area, 1-25
Mixed Use Development area urban growth nodes, or where adequate infrastructure and
services are currerttrya}tarlsin..e,oreaisrnab.flbtalnable.
1. R.Policy 3.1. The County should encourage an efficient form of urban residential
development by directing urban residential growth to those areas where urban
services and infrastructure are et rrr#tty.avaltatile or reasonably!Obtainable.
2. R.Policy 3.2. Urban commercial and industrial development will be encouraged
when the subject site is located inside an approved intergovernmental agreement
area, urban growth boundary area, 1-25 Mixed Use Development area, urban
development nodes,, or where adequate services are currerft r, ,ava abll tr
reaednabtl ktt Il 1ai . This policy is intended to support urban residential uses.
D. R.Goal 4. Conversion of agricultural land to estate zoned residential uses may be
accommodated when the subject site is in an area that can support such development.
1. R.Policy 4.1. Regional compatibility will be considered when estate zoned
residential uses are proposed.
2. R.Policy 4.2. The size and density of estate zoned residential development shall be
determined by the infrastructure and services that are curtrtC ' .'i,., tft
x:4402„≥ bt1 .
2002-2403
PAGE 39 ORD2002-6
E. R.Goal 5. Provide mechanisms for the division of land zoned Agriculture to accommodate
low intensity development.
1. R.Policy 5.1. Employ planning techniques such as exemptions, clustering,
easements etc., to allow a portion of a parcel to be developed into residential lots
while retaining tracts that can continue to be used as agricultural lands or other low
intensity developments.
F. R.Goal 6. Promote the development of affordable, quality housing for County residents.
1 R.Policy 6.1. Opportunities for housing developments including, but not limited to,
multi-family and manufactured homes, should be provided to encourage lower cost
renter, or owner occupied housing, or employee housing.
2. R.Policy 6.2. Affordable housing developments should be located within a
reasonable distance of employment, community centers, parks, shopping areas,
and schools, or where transportation services can be provided to enable access to
these areas.
3. R.Policy 6.3. Establish processes to provide for appropriate housing suitable for
multi-generational or caretaker quarters.
4. R.Policy 6.4. The County will consider proposals which provide affordable housing
which include, but are not limited to, higher density, reduced amenities, reduction
in open space requirements.
G. R.Goal 7. The applicant shall demonstrate that adequate public services and facilities are
currently available°or reasCtihably"c4btaihablo to serve the residential development.
1. R.Policy 7.1 The land use applicant will demonstrate to the Board of County
Commissioners that adequate sanitary sewer and water systems are currently
available, or reasonablyretieerialYILit5Wriebte to all residential development, and that the
roadway facilities providing access to the property are adequate to meet the
requirements of the proposed development.
2. R.Policy 7.2. Applications for residential development should be reviewed in
accordance with all applicable provisions of this Code.
3. R.Policy 7.3. Applicants for development are responsible to determine the status
of a water well through the State Division of Water Resources and shall be aware
that ownership of a parcel of land with a well does not guarantee the use of the well.
The State Division of Water Resources shall be contacted by the applicant.
H. R.Goal 8. The compatibility between new residential development and existing surrounding
land uses will be considered.
1. R.Policy 8.1. Mitigation techniques should be considered to address incompatibility
issues.
R.Goal 9. All new residential development should pay its own way.
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1. R.Policy 9.1. Provide mechanisms whereby new development pays for the costs
of infrastructure directly related to the development.
2. R.Policy 9.2. The applicant has the option to provide an evaluation, which would
include indirect benefits such as sales and use taxes generated by residents;
construction jobs and the associated economic impacts;support of commercial and
industrial operations that pay higher property taxes than residential property;
housing for the work force necessary to the economy; and other indirect benefits.
J. R.Goal 10. Encourage creative and innovative approaches to address present and future
federal and state guidelines regarding:
1. Senior Housing Opportunities.
2. Affordable Housing Opportunities.
3. Special Needs Housing Opportunities.
K. R.Goal 11. The extraction of minerals and oil or gas resources should conserve the land
and minimize the impacts on residential development.
L. R.Goal 12. Promote a quality environment which is free of unsightly materials, including
but not limited to, derelict vehicles, refuse and litter.
1. R.Policy 12.1. 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.
2. R.Policy 12.2. Develop programs for cleanup of derelict property,junk and weeds.
Sec. 22-2-200. 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 modern and integrated design which encourages innovation,
flexibility, variety and the efficient use of land while being compatible with current regulations and
the objectives of zoning laws. A 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 transportation facilities. To this end, the Planned Unit Development is
considered the preferred method of development, particularly for mixed use developments.
Sec. 22-2-210. Planned unit development goals and policies.
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A. PUD.Goal 1. 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 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.
B. PUD.Goal 2. Conversion of agricultural land to urban residential commercial and industrial
uses will be encouraged when the subject site is located inside of an approved
intergovernmental agreement area, urban growth boundary area, 1-25 Mixed Use
Development area, urban development nodes, or where adequate services are currently
available or reasonably obtainable. This goal is intended to address conversion of
agricultural land to minimize the incompatibilities that occur between uses in the A
(Agricultural)Zone District and other zoned districts that allow urban uses. In addition,this
goal is expected to contribute to minimizing the costs to County taxpayers of providing
additional public service in rural areas for uses that require services on an urban scale.
C. PUD.Goal 3. Maintain land use regulations that allow County officials to review
development proposals which may combine uses by right in two(2)or more zone districts,
or which in some manner qualify as a planned unit development according to the definition
set forth in Section 24-1-40 of this Code.
1. PUD.Policy 3.1. An application for a planned unit development within and urban
growth boundary area should be reviewed in accordance with the urban growth
boundary and planned unit development goals and policies:
2. PUD.Policy 3.2. An application for a planned unit development within or adjoining
an unincorporated community should be reviewed in accordance with the
unincorporated community and planned unit development goals and policies.
3. PUD.Policy 3.3. An application for a planned unit development in areas designated
for agricultural use should be reviewed in accordance with the agricultural and
planned unit development goals and policies.
D. PUD.Goal 4. Encourage creative approaches to land development which will result in
environments of distinct identity and character.
1. PUD.Policy 4.1. Flexible design elements of a planned unit development should
consider compatibility with existing and planned uses on adjacent properties and
within the planned unit development. Design elements to be considered include,
but are not limited to: general use, scale, density, architecture, distance between
buildings,building setbacks,building height,street design,traffic impacts,off-street
parking, open space, privacy, signage, screening and landscaping.
2. PUD.Policy 4.2. A planned unit development which includes a residential use
should provide common open space free of buildings,streets, driveways or parking
areas. The common open space should be designed and located to be easily
accessible to all the residents of the project and usable for open space and
recreation. Some planned unit developments may not require common open space
depending on their type, density, or other factors.
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3. PUD.Policy 4.3. Conservation of natural site features such as topography,
vegetation, and water courses should be considered in the project design.
E. PUD.Goal 5. Demonstrate that adequate facilities and public services are currently
aveileIS Or reasonably obtainable to serve the PUD or zone district.
1. PUD.Policy 5.1. Creative and innovative approaches to obtaining adequate facilities
and public services will be considered.
2. PUD.Policy 5.2. All new development should address the Transportation Section
of this chapter. Access to properties should preserve the existing or future function
of roads and highways affected by the proposed development. All development
circulation systems should be designed so that 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.
3. PUD.Policy 5.3. Creative and innovative approaches to internal road systems will
be considered.
F. PUD.Goal 6. Promote efficient and cost-effective delivery of facilities and public services
in the PUD or district.
1. PUD.Policy 6.1. The development should provide for perpetual maintenance of all
commonly shared land and facilities. The County should not bear the expense or
responsibility of maintenance for any commonly shared land or facilities within the
planned unit development.
G. PUD.Goal 7. All new planned unit development should pay its own way.
1. PUD.Policy 7.1. Provide mechanisms whereby new PUD pays for the costs of
infrastructure directly related to the development.
2. PUD. Policy 7.2. The applicant has the option to provide an evaluation,which would
include indirect benefits such as sales and use taxes generated by residents;
construction jobs and the associated economic impacts;support of commercial and
industrial operations that pay higher property taxes than residential property;
housing for the work force necessary to the economy; and other indirect benefits.
H. PUD.Goal 8. The extraction of minerals and oil and gas resources should conserve the
land and minimize the impact on Planned Unit Developments.
PUD.Goal 9. Promote a quality environment which is free of unsightly materials, including
but not limited to, derelict vehicles, refuse and litter.
1. PUD.Policy 9.1. Property owners should demonstrate responsibility of ownership
by minimizing safety and health hazards resulting from, but not limited to, derelict
structures, derelict vehicles and non-commercial junkyards.
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2. PUD.Policy 9.2. Develop programs for cleanup of derelict property, junk and
weeds.
Sec. 22-2-220. 1-25 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 Board's 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.
Sec. 22-2-230. MUD Goals and policies.
A. MUD.Goal 1. To plan and to manage growth and to provide for ease of inclusion in the 1-25
Mixed Use Development area and urban development nodes so as to balance relevant
fiscal, environmental, aesthetic and economic components of the area.
1. MUD.Policy 1.1. An 1-25 Mixed Use Development area and urban development
nodes should be established and delineated on the Structural Land Use Map.
B. MUD.Goal 2. To assure a well-integrated, balanced, transportation system which meets
the public need with maximum efficiency, comfort, safety and economy.
1. MUD.Policy 2.1. All proposals for commercial, industrial and residential
development within the 1-25 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.
C. MUD.Goal 3. To provide efficient and cost-effective delivery of adequate public facilities
and services which assure the health, safety, and welfare of the present and future
residents of the County and the area.
1. MUD.Policy 3.1. New development should avoid adverse impacts to surface and
ground water quality and should implement techniques to conserve such resources.
All planned unit developments within the mixed-use development area or urban
development nodes shall use the sanitary sewage disposal facilities provided by the
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appropriate sanitation districts. PUD water supply systems should be provided by
a rural water district, company, association or municipality.
D. MUD.Goal 4. Facilities and infrastructure which are included in this area should be
evaluated in order to minimize discrepancies, promote a better understanding of growth
dynamics in the area,avoid duplication of services, provide economies of scale and ensure
coordination of municipal,county, regional,state, and other growth policies and programs.
1. MUD.Policy 4.1. New development should consider compatibility with existing
surrounding land use in terms of general use, building height, scale,density,traffic,
dust and noise.
E. MUD.Goal 5. All new development in the Mixed Use Development area and urban
development nodes should pay its own way.
1. MUD.Policy 5.1. Provides mechanisms whereby new development pays for the
costs of infrastructure directly related to the development.
2. MUD.Policy 5.2. The applicant has the option to provide an evaluation,which would
include indirect benefits such as sales and use taxes generated by residents;
construction jobs and the associated economic impacts;support of commercial and
industrial operations that pay higher property taxes than residential property;
housing for the work force necessary to the economy; and other indirect benefits.
F. MUD.Goal 6. The extraction of minerals and oil and gas resources should conserve the
land and minimize the impact on Planned Unit Developments.
G. MUD.Goal 7. Promote a quality environment which is free of unsightly materials, including
but not limited to, derelict vehicles, refuse and litter.
1. MUD.Policy 7.1. Property owners should demonstrate responsibility of ownership
by minimizing safety and health hazards resulting from, but not limited to, derelict
structures, derelict vehicles and non-commercial junkyards.
2. MUD.Policy 7.2. Develop programs for cleanup of derelict property, junk and
weeds.
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.
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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 1-25 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 when possible fire service providers should utilize
the highest available equipment,standards and services,the County realizes that often fire
protection providers are volunteer rural fire districts with limited service abilities and
personnel.
1. Roads serving the development must have a surface that is sufficient to travel every
day of the year for the purpose of controlling and extinguishing ory and all potential
fires at the proposed development site or zone district.
2. Fire protection should be provided twenty-four (24) hours a day.
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B. The intention of this Section is to provide a basic level of protection against the destruction
of life and property from fire. However, the local jurisdiction having authority to enforce the
fire code, as adopted such code and actively enforces such code may have additional
requirements that are not listed.
C. Areas outside determined fire protection districts or those districts,which have not adopted
standards, shall demonstrate that fire protection is provided to the development.
D. In an effort to conserve quality water resources, especially in outlying areas of low-density
development, creative and innovative approaches to fire protection and prevention will be
considered. For example: strategically locating fire hydrants for refill purposes along
roadways, sprinkler systems, on-site tank or reservoir water storage, etc.
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;
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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.
A. P.Goal 1. Promote efficient and cost-effective delivery of public facilities and services.
1. P.Policy 1.1. Consolidation of public facilities or services and coordination between
providers should be encouraged to avoid duplication of costs and promote
efficiency.
2. P.Policy 1.2. The county will encourage the development of cost effective
transportation and circulation systems by encouraging higher density uses in the
area around existing biuntcipafl#irrs, mixed use development areas or activity
centers. This will help ensure that maximum efficiency and uses are derived from
investment in public facilities.
3. P.Policy 1.3. Any proposal for development or the creation of a zone district for the
purpose of development should not produce an undue burden on existing county
facilities.
B. P.Goal 2. Require adequate facilities and services to assure the health, safety, and welfare
of the present and future residents of the County.
1. P.Policy 2.1. Development that requires urban services and facilities should be
encouraged to locate within a municipality, urban growth boundary area, 1-25
Mixed Use Development ,area? urban development nodes or where adequate
services are curt�etttly'c1 satt rea#tt,rtat t a6teitiOlble.
2. P.Policy 2.2. Development will be required to pay its proportional share of the local
costs of infrastructure improvements.
3. P.Policy 2.3. In evaluating a land use application, the County will consider both its
physical and fiscal impact on the local school and fire district. If it is found that the
district involved will, as a result of the proposed development, require additional
facilities or incur costs requiring additional local revenues, the land use project will
be required to contribute funds to the district for the costs directly attributable to the
project in accordance with the law.
4. P.Policy 2.4. Multi jurisdictional coordination of services and facilities will be
encouraged unless it will lead to development that is not compatible with other
County goals and policies.
Sec. 22-3-60. Transportation.
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PAGE 48 ORD2002-6
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 influence this Roadway Classification
Plan. For this reason, review of significant proposals for changes in land use should be
accompanied by a corresponding review of this Section. All roads shall adhere to the
standards set forth in the most current Roadway Classification Plan approved by the Board
of County Commissioners.
E. In order to have an efficient transportation system, all jurisdictions should coordinate
respective transportation goals and policies.
Sec. 22-3-70. 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. 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.
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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 and off road paths or trails should be encouraged.
C. Some municipalities within the County have identified specific pedestrian/bicycle trails.
Counties and municipalities adjoining the boundaries of the County have made similar
provisions for pedestrian/bicycle paths. The logical extension and development of these
trails will eventually lead to increased pedestrian/bicycle activity. Appropriate
accommodations must be made on future road improvements to ensure safety. The
identified bicycle trails being promoted in the County are shown on the Recreational
Facilities Map and in the most current Roadway Classification Plan approved by the Board
of County Commissioners.
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.
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A. U.S. Highway 85 between Wyoming and the Denver Metropolitan Area is a vital corridor
providing a 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(21/2) miles east of the City
of Greeley, on the north side of Colorado Highway 263, between County Roads 43 and 47.
The Airport has been in operation since 1943 and provides the City and County with
convenient access to general aviation facilities,particularly business aviation. The Greeley-
Weld County Airport is the third busiest general aviation airport in the State, routinely
accommodating in excess of one hundred sixty thousand (160,000) operations (takeoffs
and landings) per year. The Airport is classified as a general utility airport, capable of
accommodating all types of general aviation aircraft.
B. An 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
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averages twenty-five (25) train movements per day through the County. BNSF also
ea-
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.
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 1-25 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.
A. T.Goal 1. Provide a unified and coordinated countywide street and highway system which
moves people and goods in a safe economical and efficient manner.
1. T.Policy 1.1. The County should maintain a road classification system so County
roads are designed and maintained according to their planned function.
B. T.Goal 2. A Countywide trail system should be promoted to service transportation and
recreation purposes.
1. T.Policy 2.1. County subdivisions should consider internal trail systems if
appropriate.
2. T.Policy 2.2. County subdivisions should consider providing links to regional trail
systems.
C. T.Goal 3. The design of roads, streets and highways should be made in consideration to
the accommodation of adjacent land uses.
1. T.Policy 3.1. Establish policy standards for the regulation of accesses to streets
and highways from adjacent land uses and intersecting roads.
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D. T.Goal 4. Provide a balanced approach to transportation system development, giving due
consideration to all modes of travel.
1. T.Policy 4.1. The County will plan and maintain a transportation system that unifies
and coordinates with other state, county, city and community transportation
systems.
2. T.Policy 4.2. The number of access points on collector and arterial roads should
be kept to a minimum in order to minimize interruptions to traffic flow and to
promote safety to the traveling public.
3. T.Policy 4.3. The County should review and determine that all road, street or
highway facilities are adequate in width, structural capacity and classification to
meet the traffic demands of any land development. The County will, as a condition
of land development, require improvement of roads, streets or highway facilities in
proportion to their respective impacts when dictated by traffic demand and land
development patterns.
4. T.Policy 4.4. All road, street and highway facilities should be developed,
constructed and paved in accordance with adopted County Standards. Road,street
and highway rights-of-way shall be dedicated to the public use and accepted for
maintenance in accordance with adopted County Standards.
5. T.Policy 4.5. The County should emphasize maintenance and upgrading of existing
transportation facilities over the provision of new facilities in order to protect its
investment. All new County roads, streets and transportation facilities should be
designed to minimize future maintenance costs.
E. T.Goal 5. A Roadway Improvement Plan and Road Impact Fee Study may be performed
by the county to identify Road Capital Improvements required to maintain an adequate
Level of Service (LOS) in a specified area.
1. T.Policy 5.1. The intent of the Roadway Improvement Plan and Road Impact Fee
Study in a specified area is to assess the need for capacity expansion and
subsequently impose road impact fees within a specified area to assure that new
development contributes its proportionate share of the costs of providing, and
benefits from the provision of, Road Capital Improvements identified as needed to
be built in the Road Capital Improvements Plan (CIP).
2. 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 by jointly implementing planning,zoning and subdivision requirements
for the provision of road capital improvements for the specified area to maintain an
adopted Level of Service.
Sec. 22-3-150. Tourism Goal.
A. TR.Goal 1. The county shall recognize the importance of tourism and recreation to local,
regional and agricultural economies (for example: Corn Mazes, County Fairs, Farm
Implement Museums,etc.)and shall encourage the provision of adequate support services
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and facilities necessary for the continuation and expansion of these activities, consistent
with other goals and policies of the Weld County Comprehensive Plan.
ARTICLE IV Environmental Resources.
Sec. 22-4-10. Purpose.
The condition of the environment has been of increasing concern for the residents of the entire
nation and the County. Erosion, sedimentation, reduced water quality, loss of productive farmland
and reduced fish and wildlife habitats are a few of the problems which are facing County citizens.
Environmental quality is inextricably tied to quality of life and enjoyment of property. In order to
preserve a healthy and positive quality of life for County citizens, the following four (4) principles
should be considered in all land use issues:
A. Impacts from proposed land uses on air, water, waste, noise and public health should be
considered.
B. Environmental impacts should be reduced or mitigated in order to prevent harm to life,
health and property.
C. Agricultural land is a limited resource of economic value and should be protected from
adverse environmental impacts.
D. The County shall encourage and promote coordination and cooperation between federal,
state and local governmental entities charged with making decisions which may have
environmental impacts on land uses and residents in the County.
Sec. 22-4-20.Water quality.
A. The County is a semi-arid region with a water system including aquifers, canals and
reservoirs. Over the years, there has been a large investment in facilities to collect and
store water from the mountain snows and distribute it to the plains where it can be used
beneficially.
B. The development of water resources has assisted agriculture, industry, commerce, cities
and towns.
C. The Water Quality Control Commission,a citizen board appointed by the Governor,subject
to confirmation by the State Senate, defines water quality regulation and policies in
Colorado. The Colorado Department of Public Health and Environment administers the
Water Quality Program throughout the State.
D. As part of the Larimer-Weld Region, Area wide Water Quality Management Plan, 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.
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Sec. 22-4-30. Water goals and policies.
A. WA.Goal 1. County residents are encouraged to conserve water.
1. WA.Policy 1.1. Landscaping using low water use plants and water conservation
techniques are encouraged.
2. WA.Policy 1.2. Application for new development should include provisions for
adequately handling drainage and for controlling surface erosion or sedimentation
within the site itself.
3. WA.Policy 1.3. Applications for new development should consider dual water
systems that incorporate separate potable and non-potable water.
B. WA.Goal 2. The County will strive to maintain Federal Drinking Water Standards in
aquifers which provide drinking water for domestic and public use.
1. WA.Policy 2.1. As conditions warrant, applicants proposing unsewered divisions
of land or development shall evaluate the impacts on groundwater quality.
2. WA.Policy 2.2. Applications for new development shall consider the installation and
maintenance of managed and advance treatment septic systems to prevent
potential groundwater pollution.
3. WA.Policy 2.3. Whenever feasible, the County encourages the incorporation of
community sewerage.
C. WA.Goal 3. The County will strive to maintain and protect water supply conveyances
adequate to sustain agricultural land.
1. WA.Policy 3.1. The County will acknowledge waater rights as private.
2. WA.Policy 3.2. The County will favor applications that return water to a abandoned
agricultural land for productive agricultural use.
D. WA.Goal 4. The County will strive to maintain the quality of all water bodies as outlined in
the State and Federal Water Quality Standards.
1. WA.Policy 4.1. Stormwater collection and treatment should be considered for all
development. The developer will be required to employ best management practices
in the design of all stormwater facilities.
2. WA.Policy 4.2. Irrigation ditches shall not be used as outfall points, unless it is
shown to be without reasonable hazard and/or the ditch company provides written
acceptance of the stormwater.
3. 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 storm water designs within the Tri-Town and Godding drainage
basins shall meet the technical criteria of this report.
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4. WA.Policy 4.4. The County encourages an overall water shed approach to water
quality management issues.
5. WA.Policy 4.5. Animal feeding and dairy operations shall comply with all applicable
County, State, and Federal rules and regulations.
E. WA.Goal 5. Development will occur in areas where adequate water quantity and quality
is currently available or reasonably obtain:Se.
1. WA.Policy 5.1. Policy Applications for proposed development will assess currently
available or reasonably obtainable 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.
A. AIR.Goal 1. Maintain National Air Quality Standards and, where practicable, improve air
quality in the County.
1. AIR.Policy 1.1. If applicable, land use applications will demonstrate future impacts
on current air quality.
2. AIR.Policy 1.2. Land use applications will be evaluated by the Department of Public
Health and Environment for compliance with federal, state, and county statutes,
regulations and ordinances.
3. AIR.Policy 1.3. Weld County encourages the use and development of alternative
fuels, alternatively fueled vehicles, and modes of transportation that reduce
pollutants.
4. AIR.Policy 1.4. Weld County encourages innovative and creative approaches to
alternative energy sources.
5. AIR.Policy 1.5. Open burning is discouraged except for the established practice of
"agricultural burning" such as to clear irrigation ditches and fields for farming
operations.
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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.
A. N.Goal 1. Minimize the impact of noise on County residents.
1. N.Policy 1.1. Land use applications will be evaluated by the Department of Public
Health and Environment for compliance with federal, state and county statutes,
regulations and ordinances.
2. N.Policy 1.2. The Department of Public Health and Environment will prescribe noise
level standards for land use applications when appropriate.
Sec. 22-4-80. Waste.
A. If managed carefully, waste can have a positive economic and environmental benefits.
Energy production, recycling and resource conservation are examples of positive benefits.
However, if improperly managed, waste can impinge upon the public's health and
environment while contributing to nuisance issues (rodents, odors, etc.).
B. The County encourages waste diversion and resource recovery from the waste stream.
Personal responsibility, "buy recycled" policies and the appropriate use of compost are
suggested as stimulus for resource recovery.
C. Waste is both an important part of our local environment and the economy. The County
strives to ensure that:
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.
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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.
Sec. 22-4-100. Transfer, processing and diversion goals and policies.
The following goals and policies are established for transfer, processing and diversion:
A. TPD.Goal 1. The County expects its businesses, residents and landowners to prevent
negative impacts on human health and the environment from waste processing or disposal.
1. TPD.Policy 1.1. Land use applications will be required to characterize the waste
stream associated with the proposed land use.
2. TPD.Policy 1.2. The applicant shall submit a plan to manage waste that is
consistent with federal, state and county statutes, regulations and ordinances.
B. TPD.Goal 2. All facilities in the County which handle, collect or process waste will maintain
an active role in solid waste management resource recovery of such waste.
1. TPD.Policy 2.1. The County encourages haulers and collectors of waste to provide
composting and recycling options for customers.
Sec. 22-4-110. Final disposal.
Final disposal is the ultimate management option for waste which cannot be diverted through other
options. The County wants to ensure that all final disposal of waste is done in a manner protective
of public health and the environment.
Sec. 22-4-120. Final disposal goals and policies.
A. F. Goal 1. All final disposal facilities in the County will locate, develop and operate in a
manner that minimizes interference with other agricultural uses, rural settlement patterns
and existing residential communities.
1. F.Policy 1.1. The County shall collect surcharges from final disposal facilities which
cover waste-monitoring tasks performed by staff, road maintenance, litter pick-up,
public education, household hazardous waste collection or other costs identified by
the Board of County Commissioners.
2. F.Policy 1.2. Compatibility with existing and future land uses (identified at the time
of application) must be demonstrated in terms of including but not limited to visual
impact, pollution prevention, pollution control,traffic,dust,noise, land use scale and
density, infrastructure, topographic form geology, operating plans, closure and
reclamation plans, and buffer zones. Land use incompatibility may become an
issue and may require additional mitigation if determined that the final disposal
facility site is causing negative environmental impacts.
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3. F.Policy 1.3. Appropriate infrastructure, which provides adequate access to final
disposal facilities, is required for approval.
4. F.Policy 1.4. Applications submitted for final disposal facilities will be evaluated by
the Department of Public Health and Environment for compliance with federal, state
and county statutes, regulations and ordinances. Applicants must demonstrate
adequacy of access roads, grades, leachate and drainage control, liners, fencing,
site improvements, reclamation plans, general operations, service area, permitted
capacity or air space, buffer zones and other appropriate requirements.
5. F.Policy 1.5. The County may require new final disposal facility applicants to
demonstrate that resource recovery and recycling programs have been adequately
studied as an alternative or component
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 and P) waste is frequently
brackish or salty and must be processed and disposed of in a satisfactory manner to protect
both human and environmental health.
B. The County shall monitor and report violations of state odor regulations and groundwater
impacts at E and P waste surface impoundment facilities.
C. 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.
A. EP.Goal 1. The County encourages the minimization and requires the safe disposal of E
and P waste.
1. EP.Policy 1.1. Due to the level of impact from and increasing public concern about
surface impoundments, other alternatives for disposal shall be considered.
B. EP.Goal 2. E and P waste facilities shall be planned, located, designed and operated to
encourage compatibility with surrounding land uses in terms of, but not limited to general
use, scale, height, traffic, dust, noise and visual pollution.
1. EP.Policy 2.1. In reviewing the operational and reclamation plans for solid and
brine waste disposal facilities, the County shall impose such conditions as
necessary to minimize or eliminate the potential adverse impact of the operation on
surrounding properties and wildlife resources.
2. EP.Policy 2.2. All applicable !and 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.
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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.
A. S.Goal 1. Biosolids and septage should be applied, handled and processed in a manner
that prevents groundwater contamination and minimizes nuisance conditions.
1. S.Policy 1.1. All biosolids and septage land application permits will be reviewed by
the Department of Public Health and Environment for compatibility with the County
Code.
2. 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.
A. H.Goal 1. The County encourages the minimization and careful collection of hazardous
waste. Further, the County requires the proper disposal of hazardous components,
products and waste.
1. H.Policy 1.1. All County producers of regulated hazardous waste and users of
regulated hazardous materials will comply with federal, state and county statutes,
regulations and ordinances regarding use, reporting, storage and disposal of
regulated hazardous waste or products.
2. H.Policy 1.2. Because of the risk of permanent damage to life, health and the
environment, permanent and final regulated hazardous waste disposal facilities
shall be discouraged in the County.
3. H.Policy 1.3. The county shall maintain its Household Hazardous Waste (HHW)
Program.
Sect. 224-190. 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.
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Sect. 22-4-200. Agricultural waste goals and policies.
A. AW.Goal 1. Human and environmental health impacts from agricultural wastes will be
minimized by appropriate handling, storage, and processing practices.
1. AW.Policy 1.1. Weld County encourages the composting of agricultural wastes.
2. AW.Policy 1.2. Weld County encourages the incorporation of"Best Management
Practices" when managing agricultural wastes.
ARTICLE V Natural Resources
Sec. 22-5-10. Purpose.
A. Because natural resources are limited, it is critical that a balance be obtained 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.
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.
Sec. 22-5-30. Wildlife goals and policies.
A. W.Goal 1. New development should be located and designed to conserve critical
ecosystem components, including wetlands, significant wildlife habitats and migration
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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.
1. W.Policy 1.1. Development and design of land uses which require drainage,
excessive removal of riparian vegetation and alterations of river or stream banks
shall be discouraged in order to protect river or stream quality and to protect key
wildlife habitat.
2. W.Policy 1.2. Conflicts with fish and wildlife habitats and migration 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
3. W.Policy 1.3. The County will identify and attempt to protect critical or unique
habitat areas of high public value, such as habitats of endangered or unique
species, significant viewing areas and breeding and spawning areas.
B. W.Goal 2. Traditional wildlife uses such as hunting, trapping and fishing in agricultural and
nondeveloped portions of the County are beneficial. The County supports the maintenance
of these wildlife uses. An authorized hunting and trapping clause is incorporated in the
Right to Farm statement
1. W.Policy 2.1. The effect of proposed development upon wildlife and habitat should
be evaluated. Loss of significant habitat should be mitigated. The County will
maintain maps of known significant wildlife habitats.
2. W.Policy 2.2. The integrity of movement in wildlife corridors should be conserved.
3. W.Policy 2.2. Destruction of wetlands or riparian areas will be strongly discouraged.
and mitigation for loss of wetlands and riparian habitat will be encouraged.
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 .
C. The County contracts with the City of Greeley to manage the Island Grove Regional Park
i^^ 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.
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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,while considering the private property rights of individual land owners,
within their urban growth boundaries.
F. The County has not historically been involved in land acquisition for open space or parks.
The Great Outdoors Colorado Trust Fund and several other funding opportunities in the
State are making acquisition and 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.
A. O.Goal 1. Promote the location of park, recreation and open space areas in floodplain,
seep areas, wetlands, geological fault areas and nonproductive agricultural areas.
1. O.Policy 1.1. Encourage agricultural use of productive agricultural land.
2. O.Policy 1.2. Encourage uses such as open space, agriculture, parks, recreation,
gravel mining and other related activities in flood plains, seep areas, wetlands,
geological fault areas, and other areas having natural features of public interest.
B. O.Goal 2. The County will cooperate with local, state and federal agencies to identify,
conserve, protect, or enhance critical fish and wildlife habitat by attempting to implement
measures for the protection or enhancement of such areas.
C. O.Goal 3. Land use activity should preserve, enhance and maintain significant or unique
natural land features.
D. O.Goal 4. Development improvements should minimize visual scarring from grading, road
cuts and other site disturbances and should integrate new landscaping with the existing
natural landscape.
1. O.Policy 4.1. Stabilization and landscaping of final landforms shall be required and
runoff controlled to historic levels and continuous maintenance of new landscaping
should be assured.
E. O.Goal 5. The County will strive to conserve significant stands of trees and shrubs, large
expanses of prairie grasses and unique forms of vegetation and land area.
1. O.Policy 5.1. Significant stands of healthy vegetation shall be identified during the
land review process. Critical stands should be preserved whenever possible.
Improvements should be located to minimize the removal of vegetation.
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2. O.Policy 5.2. Compatible, drought-tolerant landscaping should be encouraged in
all land use proposals.
3. O.Policy 5.3. Drainage channels should be designed to incorporate natural
vegetation and be constructed to conform to the natural landscape; channelization
of natural drainage ways is strongly discouraged.
F. O.Goal 6. The County shall encourage the eradication of noxious weeds in an
environmentally sound manner, in compliance with state laws.
1. O.Policy 6.1. The County will maintain a public education program regarding the
eradication of noxious weeds.
G. O.Goal 7. Provision should be made for open space in order to enhance the quality of life
and enjoyment of the environment.
1. O.Policy 7.1. When open space is not ct*ffiullty available or reasonably obtainable
mitigation should be encouraged as an alternative
H. O.Goal 8. Adequate parks and recreation facilities should be encouraged throughout the
County and should be interconnected whenever suitable.
O.Goal 9. Public open space should be promoted as a means for protecting from
r
development those areas which have significant environmental, scenic or cultural value.
1. O.Policy 9.1. Compensation for the acquisition of privately owned land for public
open space will be required.
J. O.Goal 10. The private sector, non-County agencies and other governmental jurisdictions
should be encouraged to participate in open space preservation and trails development in
the County.
1. O.Policy 10.1. Development of trails should avoid negative impacts to critical wildlife
habitat.
K. O.Goal 11. Open space within a development should be connected to existing adjacent
open space.
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
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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.
Sec. 22-5-80. Commercial and mineral resource deposits goals and policies.
A. CM.Goal 1. Conserve lands which provide valuable natural mineral deposits for potential
future use in accordance with state law.
1. CM.Policy 1.1. Access to future mineral resource development areas should be
considered in all land use decisions in accordance with state law. No County
governmental authority which has control over zoning shall, by zoning, rezoning,
granting a variance or other official action or inaction permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere
with the present or future extraction of such deposit by an extractor.
B. CM.Goal 2. Promote the reasonable and orderly development of mineral resources.
1. CM.Policy 2.1. The operation of a mine site in unincorporated Weld County shall
be subject to obtaining a specialized use by special review permit in accordance
with Chapter 23 of this Code.
C. CM.Goal 3. Minimize the impacts of surface mining activities on surrounding land uses,
roads and highways.
1. CM.Policy 3.1. An application for a mine site located within the County, should be
reviewed in accordance with the goals and policies of the area in which the
/'N application is located.
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2. CM.Policy 3.2. An application fora mine site will be reviewed in consideration of the
cumulative impacts of the mining activity on surrounding land use and County
infrastructure.
D. CM.Goal 4. Minimize hazardous conditions related to mining activities and the mining site.
1. CM.Policy 4.1. In reviewing the operational and reclamation plans for a mining
operation, the County should impose such conditions as necessary to minimize or
eliminate the potential adverse impact of the operation on surrounding properties
as follows:
a. CM.Policy 4.1.1. Require the location and design of excavated areas,
structures,machinery,equipment storage and stockpiling of mined materials
to be compatible with surrounding land uses in terms of: general use,scale,
density, traffic, dust and noise.
b. CM.Policy 4.1.2. Maintain roadside and perimeter vegetation and setback
requirements which serve to shield mining operations, including storage of
equipment, stockpiled soils and materials from public view.
c. CM.Policy 4.1.3. Require that access roads to and within the site be located
in a manner which minimizes traffic impacts on surrounding land uses.
d. CM.Policy 4.1.4. Require the land use applicant to demonstrate to the
satisfaction of the Board of County Commissioners that the street or
highway facilities providing access to the mining activity are adequate in
functional classification, width and structural capacity to meet the
requirements of the proposed mining activity. Internal road circulation, off-
street parking, dust abatement, acceleration lanes, deceleration lanes,
common access collection points, signalization and other traffic
improvements shall be required wherever necessary to mitigate traffic
impacts caused by the mining activity. Applications for mining should also
be reviewed in accordance with the transportation goals and policies.
e. CM.Policy4.1.5. 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.
r'^ E. CM.Goal 5. Provide for timely reclamation and reuse of mining sites in accordance with this
Chapter and Chapters 23 and 24 of this Code.
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PAGE 66 ORD2002-6
1. CM.Policy 5.1. The County should consider the potentially adverse environmental
effects of mining operations.
a. Disturbance of vegetation and overburden in advance of mining activities
should be minimized.
b. Topsoil should be saved and utilized in site reclamation.
c. All reasonable and practical measures should be taken to protect the habitat
of fish and wildlife.
d. The operation should comply with County flood hazard and geological
hazard regulations.
e. The operator will maintain the reclaimed mine site until it has been stabilized
and vegetation is reestablished.
f. Trucking operations dealing exclusively in the transport of mined materials
may be permitted on the mine site when incorporated in the operational plan
for the mining operation.
F. CM.Goal 6. The extraction of mineral resources should conserve the land and minimize the
impact on surrounding land.
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.
A. OG.Goal 1. Oil and gas exploration and production should occur in a manner which
minimizes the impact to agricultural uses and the environment and reduces the conflicts
between mineral development and current and future surface uses.
1. OG.Policy 1.1. The County should encourage cooperation, coordination and
communication between the surface owner and the mineral owner/operators with
respect to any developments of either the surface or the mineral estate.
2. OG.Policy 1.2. New planned unit developments or subdivisions should be planned
to take into account current and future oil and gas drilling activity to the extent oil
and gas development can reasonably be anticipated.
3. OG.Policy 1.3. Oil and gas drilling activities should be planned to take into account
current and future surface planned unit development and subdivision activities to the
extent such development can reasonably be anticipated.
r'^ 4. OG.Policy 1.4. The County will seek the imposition of protective measures through
available state, county and federal regulations to ensure that the mineral operator
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PAGE 67 ORD2002-6
conducts operations in a manner which will minimize current and future
environmental impacts.
5. OG.Policy 1.5. Oil and gas support facilities decisions which do not rely on geology
for locations shall be subjected to review in accordance with the appropriate section
of this Plan.
6. OG.Policy 1.6. Oil and gas exploration and production should be conducted in a
manner which minimizes interference with existing surface use and mitigates the
impact on future land uses. Well sites should be reclaimed and closed by
techniques which ensure that the future use of the property is not impaired because
of environmental or safety problems or the existence of improperly abandoned or
unlocated equipment, such as wellheads or flowlines.
B. OG.Goal 2. The extraction of oil and gas resources should conserve the land and minimize
the impact on surrounding land.
C. OG.Goal 3. Ground water contamination must be prevented by following state regulations
for cementing wells, including injection wells, to prevent commingling of water, oil, and gas
into other formations.
(Insert Appendices)
2002-2403
PAGE 68 ORD2002-6
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-
sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2002-6 was, on motion duly made and
seconded, adopted by the following vote on the 23rd day of September, A. D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Glenn Vaad, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Robert D. Masden
Publication: July 3, 2002
First Reading: July 17, 2002
Publication: July 24, 2002, in the Tri-Town Farmer and Miner and the Greeley Tribune
Second Reading: September 4, 2002
Publication: September 11, 2002, in the Tri-Town Farmer and Miner
Final Reading: September 23, 2002
Publication: October 2, 2002, in the Tri-Town Farmer and Miner
Effective: October 7, 2002
2002-2403
PAGE 69 ORD2002-6
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