HomeMy WebLinkAbout20022408.tiff EXHIBIT INVENTORY CONTROL SHEET
Case USR#CODE ORDINANCE #2002-6 -WELD COUNTY COMPREHENSIVE PLAN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
E. Tnwn of Fria F-Mail dated 7/15/09
F. lnhn Fnlcnm F-Mail dated 5/20/02
Weld County Agricultural Study
G. Planning Staff Cnmmittee Summary dated 12/17/1999
H. Planning Staff Presentation re• Smart f;rnwth Cnnrepts
Karla f;rieser Smart f;rowth Cnnrepts, 7 pages
(List of Members)
J. Rom Staff Cnmprehensive Plan I Ipdate Committee
Comparison of WC Property Taxes
K. Fred Walker Cnllerted inn Relatinn to I and I Ise
L. ('minty Attnrney flefinitinns
Summary of BOCC present
M. Clerk to the Rnard at wnrk sessinns
N. Karla flrieser Prnpnced revisions (5/29/02)
O. Clerk to Me Rnard Issues to address fnllnwing wnrk sessinns
P. Inhn Fnlcnm I etter re changes (09/01/02)
Q. Planning Staff Rernmmendatinn re f;rieser changes
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2002-2408
ORD 2002-6
I CAROL Harding - Weld County Comprehensive Plan T Page 11
From: Steve Stamey<sstamey@ci.erie.co.us>
To: "charding@co.weld.co.us"' <charding@co.weld.co.us>
Date: 7/15/02 2:23PM
Subject: Weld County Comprehensive Plan
The Town of Erie requests that the Town of Erie Comprehensive Plan and
Development Plan Map- 1999, be incorporated into the Weld County
Comprehensive Plan. Specifically, the Town of Erie requests that Erie's
Planning Area Boundary be recognized in this Comprehensive Plan.
Previously, this request has been submitted to the Weld County Planning
Department, and a copy of Erie's Comprehensive Plan and Development Plan Map
- 1999, was transmitted to that office.
Thank you for your assistance.
Stephen L. Stamey, AICP
Community Development Director
Town of Erie
r
2002-2408
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fr•--- DEPARTMENT OF PLANNING SERVICES
1555 NORTH 17'"AVENUEWIID
GREELEY, COLORADO 80631
WEBSITE:555w 17weld.AVENUE
o.us
• PHONE (970) 353-6100, EXT. 3540
COLORADO FAX (970) 304-6498
Weld County Agricultural Study Committee Summary
Attached is the Weld County Agricultural Study Committee's Executive Summary containing
recommendations made by the Committee to the Weld County Board of County Commissioners.
These recommendations were presented in keeping with the spirit of the Agricultural Study
Committee's mission statement to "Investigate mechanisms to preserve, enhance and maintain
farm grounds and activities" as well as the committee's action plan to "Make educated
recommendations to the Board of County Commissioners concerning available options for the
preservation of farming activities, land, and uses in Weld County."
Over a period of ten months in late 1999 and early 2000, committee members reviewed
current literature, programs, ordinances and laws as well as listened to a variety of speakers and
experts. The Committee members then formulated the basic concepts and related programs
attached.
Each program goal,description and associated cost estimate are discussed and a sampling
of the programs include:
Drought Year Water Contingency Program
Land Trust Development
Weld County Government Policies
Comprehensive Planning and Community Involvement
Agricultural District Creation
Agricultural Producer Incentive Program
Educational Campaign
Miscellaneous Recommendations
The Agricultural Study Committee emphasized that the attached recommendations must
be guided by a citizen-based advisory group and that these recommendations are intended for
voluntary land-owner participation. The Agricultural Study Committee does not endorse
condemnation of privately held land for Open Space or Land Preservation.
Should you have questions or need further assistance, please do not hesitate to contact the
Department of Planning Services at the numbers listed above.
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ilEXHIBIT
"In The Works"
The following list illustrates concepts that the Department of Planning Services has begun to initiate.
1. Update and strengthen current Right to Farm Covenant
A. The proposed language amendment to the current Right to Farm Covenant will be presented to
Planning Commission members at the scheduled July 18, 2000 hearing.
B. The Department of Planning Services will provide a copy of the Right to Farm Advisement at the
time a building permit is issued in the County. The Right to Farm Advisement will be printed on the
back of the Building Permit.
C. Planners will advise applicants that personal Right to Farm Covenants may be tied to the sale of
land, further protecting the farmer from future complaints by new residents. This can be
accomplished as a Condition of Approval or Development Standard.
2. Change policy to reduce regulations for construction of on-farm improvements
Policy changes will be proposed at upcoming Building Trades Advisory Board and Planning
Commission hearings.
3. Intergovernmental Agreements
Encourage every municipality to enter into Intergovernmental Agreements (IGA) with the County.
Currently, Weld County has entered into eight IGAs, as follows: Platteville (Ordinance 187), Firestone,
Frederick and Dacono (Ordinances 195 and 201), Dacono and Erie (Ordinance 202), Keenesburg
(Ordinance 207), Evans (Ordinance 208), Eaton (Ordinance 212), Mead (Ordinance 215), Kersey
(Ordinance 216), and Milliken (pending Ordinance 217). The following suggestions are to be
-ncorporated into the IGA process. These agreements incorporate Urban Growth Boundaries and
.nguage to protect existing agricultural uses. The agricultural study committee also recommended the
formation of uniform baseline design standards to be applied to development occurring in a
community's UGB. These standards have been "In the Works" for a year. Planning staff is finalizing
the standards and waiting for standards from the Department of Public Works. These standards, if
adopted, can provide a set of universal urban standards to be applied to all development within a
municipality's IGA UGB.
4. Develop Cluster Development and Density Bonus Program
Currently, amendments to the Subdivision Ordinance and the PUD Ordinance are being reviewed. A
Cluster PUD option shall be proposed. This option shall be based on State Statute and the Larimer
County example.
5. Open Space Plan
The Agricultural Study Committee proposes to incorporate components of the Open Space Plan into
the Comprehensive Plan. This issue will be further investigated at the time of the 2001 Comprehensive
Plan update.
1
Items Requiring. Additional Funding and Staff Allocation
1. Increased Assistance Provided by County Staff to:
A. Identify agencies that assist farmers and agricultural businesses to comply with regulations and
help meet financial obligations. Too often, agencies are in place to police and enforce compliance
without offering assistance. See item 2B below.
B. Remind staff to be courteous and willing to help. Provide opportunities for all county staff to
improve on customer service skills. Department Directors shall see that positive customer service
skills are implemented. Currently, the Department of Planning Services has sent particular staff
who needs extra assistance in improving their customer service skills to specialized training. In
addition, general reminders of the importance of positive communication is provided to all
Department of Planning Services staff. The Department of Planning Services is in the process of
developing benchmarks to guide the department's success. These benchmarks include an
outcome of"We Serve the Citizens of Weld County," for example, and will be incorporated into the
review of services offered to citizens.
C. Provide planners with training opportunities to learn more about agriculture. Such opportunities
may include sponsoring a booth at the Farm Show on an annual basis and sending staff to Farm
Show seminars, encouraging staff to visit various agricultural operations, and visiting the sites of
land-use cases for extended field checks, for example.
D. Assistance provided by an employee of the Cooperative Extension office to help applicant with all
the information for their process - a "Department of What You Need To Know". See item 2B below.
2. "Living in Unincorporated Weld County" Booklet
A. The goal of this booklet is to raise awareness of all aspects surrounding agriculture in the
county. County staff from various departments is needed to assist in the development of the
Cooperative Extension Department booklet on the subject of what living in unincorporated Weld
County is all about.
B. A chapter of this booklet should be a listing of"What you need to know and Where you need to
go" to receive assistance for specific projects, including all agencies that assist farmers and
agricultural businesses to comply with regulations and help meet financial obligations. County
staff from various departments is needed to add items to this booklet.
C. This booklet should be distributed to all current county residents, including builders. This
booklet should also be distributed to all new residents at building permit issuance. A funding
source for the mass production and distribution of this booklet, as well as an evaluation
mechanism to measure the effectiveness of this booklet is needed. An opportunity for public
outreach include the Weld County Farm Show.
3. Develop an Environmental/Agricultural Responsibility Statement
A. Provide copies of the Cooperative Extension Service's booklets on Best Management Practices
to the public. A funding source for the mass production and distribution of these booklets, as
well as an evaluation mechanism to measure the effectiveness of these booklets is needed.
B. Inform producers of the correlation between the Right to Farm Advisement and Best
Management Practices. A staff person is needed to be a contact for this citizen interaction. An
opportunity for public outreach is the Weld County Farm Show. Planners processing land-use
cases which involve agricultural operations should provide the Right to Farm Advisement and
Best Management Practices information to the client at the time an application is applied for.
2
4. Conduct Cost Analysis of Growth Study
A. This study shall focus on several communities and the unincorporated portions of the County. All
communities will be invited to participate in the study. Participating communities and the County
shall provide funding. County staff shall investigate grant opportunities for the study. This study can
be completed by the American Farmland Trust at a budget of $9,300.
B. Use the results of a study to educate the public on the economic benefits of agriculture.
1. The results of this study shall be used by the County and participating municipalities in
determining future development fees.
2. The results of this study shall be used by the County and participating municipalities in
determining the impact of development on unincorporated portions of the County.
5. Procedural Changes for the Department of Planning Services
A. Increased communication with citizens during the land use process. Various options exists to
accomplish this goal, including additional sign posting, requiring the developer to hold community
meetings, and to notify Surrounding Property Owner during the Sketch Plan phase of a subdivision,
for example. These options will require a change to the administrative procedure for the
Department.
B. Several Agricultural Study Committee members voiced concerns regarding the public input
component of the Planning Commission hearing process. It was the opinion of these members that
often, Planning Commission does not seem to regard public input in their decisions. The opinion
was also expressed that the Planning Commission has already made up their minds prior to the
hearing, and thus, do not listen to the public input. Modifications to make regarding Planning
Commission hearing processes include increased communication between the Planning
Commission members and the public during the public input stage. This way, the public may feel as
though their input was listened to.
6. Reinstate the Weld Land Trust to work with existing Land Trusts and the citizens of Weld
County.
m. The Weld Land Trust shall have a staff person(s) and Board of Directors to immediately:
1. Investigate funding mechanisms to implement Land Trust activities.
A. Land Preservation Sales and Use Tax developed and carried to vote by a citizen-driven
force.
B. Become active in state initiatives for funding sources.
C. Bonding.
D. Grant writing.
2. The initial activities of the Land Trust shall include the completion of a county-wide evaluative
process such as a Land Evaluation and Site Assessment Program (LESA). The outcome of this
program shall be to prioritize conservation efforts. The budget for the completion of a LESA
Program, at the assistance of the American Farmland Trust is $25,750.
A. An outcome of the LESA Program is the development of an Acquisition of development
rights program, either through a Purchase/Transfer of Development Right and/or
Conservation Easement Program, or a Purchase of Agricultural Conservation Easement
(PACE) program.
B. Investigate types of easements: Perpetual and Term.
C. Concentrate these conservation properties to form a "Regional Agricultural Preserve" to
concentrate large preserved agricultural lands in a geographic region.
D. The concept of Agricultural Districts was discussed. It is important to note that this program
requires State Enabling Legislation. Perhaps, a program with a similar outcome, and more
readily enacted is illustrated by the reinstated Weld Land Trust. This program, through
LESA, may provide the same outcome. The American Farmland Trust provided a budget of
$15,215 to assist in the establishment of an Agricultural District program in Weld County.
3
Items Requiring.Board of County Commissioner Initiative
The following descriptions illustrate programs that the Agricultural Study Committee found to be of
importance to Weld County. However, the Agricultural Study Committee felt that these programs would
be best implemented by another entity, rather than Weld County Government. Therefore, the
Agricultural Study Committee recommends that the Board of County Commissioners take the lead in
encouraging other agency directors to develop the following programs.
1. Drought Year Water Contingency Program
To develop a program that will keep Weld County water from leaving the county and provide a mutually-
beneficial arrangement between agricultural water owners and municipalities. County Government may
not be the best forum for instituting such a program. However, the County Commissioners may lend
their support to various ditch companies and water conservancy districts to steer such an effort in Weld
County. Equally important for the County Commissioners to support is for rural water districts to ensure
supply and capacity to serve rural water districts. There may also be statutory changes that would
enable the county to set this process up. A possibility exists to present this to the state through CCI.
The Agricultural Study Committee also found equally important the concept of rural water and irrigation
districts working together to accomplish similar goals.
2. Referral Group
A citizen-based agricultural group shall be a referral agency for review of proposals to allow input early
in the planning process. A group, or an agency representing the agricultural interests in the county,
would have to petition the Board of County Commissioners to become a referral agency.
3. Executive Order
The Board of County Commissioners shall encourage state government (Governor Owens) to issue an
executive order that declares the importance of agriculture and farmland to the state's economy,
environment and culture. The purpose of this executive order shall be to build public and institutional
support for farmland protection, funding for land preservation activities and related programs. To the
extent that they call attention to the problem of farmland conversion and facilitate discussion about
solutions, executive orders can serve as a building block of a comprehensive farmland protection
program.
4. Develop a program of incentives to keep agricultural lands viable and productive.
The County Commissioners shall forward the recommendation on to the Greeley/Weld Economic
Development organization (EDAP). The County Commissioners shall also request to see results and
how these recommendations shall be implemented.
5. Additional items
The following ideas received attention, although the Committee felt that these ideas were beyond their
control. Therefore, the Agricultural Study Committee recommends that the Board of County
Commissioners encourage state policy to be modified in the following areas:
1. Limit flag pole annexations
2. Relief from State income tax
3. Support any efforts the Board of County Commissioners may take in reviewing Amendment 14
4. Review tax policies. Currently, tax is based on production 7 years ago. Encourage State to review
this to reflect more current statistics. Change to county-wide Board of Equalization to set prices.
Use a five year average for tax purposes, to even out the highs and lows of the economy.
5. State/National tax credits for conservation.
4
Drought Year Water Contingency Program
Goal: To develop a program that will keep Weld County water from leaving the county and provide a
mutually-beneficial arrangement between agricultural water owners and municipalities.
•
Land Trust Development
foal: To assist individual land owners meet their conservation goals through various mechanisms.
Weld County Government Policies
Goal: To develop, enhance or amend current Weld County policies to more accurately reflect the
importance of agriculture to the County economy.
Comprehensive Planning and Community Involvement
Goal: Municipal and County comprehensive plans and ordinances shall incorporate goals to support
agricultural land protection coupled with innovative mechanisms to achieve this goal.
Agricultural District Creation
Goal: To allow farmers to form special areas where commercial agriculture is encouraged and
protected.
Agricultural Producer Incentive Program
Goal: Develop a program of incentives to keep agricultural lands viable and productive.
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._ducational Campaign
Goal: An opportunity to provide the public with information pertaining to the benefits that the
agricultural industry and the individual agricultural operator have on the community, county, and
state.
Miscellaneous Recommendations
The following ideas received attention, although the Committee felt that these ideas were beyond their
control:
1. Limit flag pole annexations
2. Relief from State income tax
3. Support any efforts the Board of County Commissioners may take in reviewing Amendment 14
4. Review tax policies.
A. Currently, tax is based on production 7 years ago. Encourage State to review this to reflect
more current statistics. Change to county-wide Board of Equalization to set prices. Use a five
year average for tax purposes, to even out the highs and lows of the economy.
5. State/National tax credits for conservation
1
Drought Year Water Contingency Program
Goal: To develop a program that will keep Weld County water from leaving the county and provide a mutually-
beneficial arrangement between agricultural water owners and municipalities.
Description:
The farmer voluntarily leases water for a counted number of years to a municipality. During drought years, the
farmer is paid for the crops he doesn't produce in order for the cities to have water during droughts. The farmer is
compensated for the lease option and the use of water every year, whether or not a drought exists. The annual
lease agreements are between the farmer and the municipality.
The opposite program exists in Colorado today. Municipalities are purchasing water and leasing the water back to
the farmers for agricultural use. County Government may not be the best forum for instituting such a program.
However, the County Commissioners may lend their support to various ditch companies and water conservancy
districts to steer such an effort in Weld County. Equally important for the County Commissioners to support is for
rural water districts to ensure supply and capacity to serve rural water districts. There may also be statutory
changes that would enable the county to set this process up. A possibility exists to present this to the state
through CCI. The Agricultural Study Committee also found equally important the concept of rural water and
irrigation districts working together to accomplish similar goals.
Budget: This program is based on individual irrigators, irrigation districts, etc. A budget is not available for this
program.
1
Land Trust Development
Goal: To assist individual land owners meet their conservation goals through various mechanisms.
Description:
A. Reinstate the Weld Land Trust.
r- 1. Verify with the County Attorney on the time frame for accepting Conservation Easements. Existing land
trusts may be able to hold easements for the Weld Land Trust until the time frame allows the easement
hold to be with the Weld Land Trust.
2. Seek the assistance of existing Land Trust organizations to help in the formation of a Weld County Land
Trust.
3. Seek the assistance of existing Land Trust organizations to work with individual Weld County property
owners.
4. Investigate funding mechanisms to implement Land Trust activities.
a. Try to get more state money spent on agriculture preservation, such as ensuring that extra Lottery
monies are transferred to GOCO through a change to the state constitution.
b. Bonding used in the development of the Land Trust
c. Land Preservation Sales and Use Tax developed and carried to vote by a citizen-driven force. A
citizen board shall oversee where the money is spent (property identification program such as LESA).
5. Various Land Trust Operation Budgets
a. Larimer County
1. 1998/99: $54,028.10
2. 1999/2000: $87,554.00
3. Rural Land Use Center 1999: $190,000.00 (3`°year operational budget).
b. Colorado Coalition of Land Trusts
1. Volunteer-Administration Land Trust: $20,000 - 30,000 per year.
2. Director Salary in Colorado: $27 - 65,000 per year.
3. Membership in the Colorado Coalition of Land Trusts: $100/year.
c. Boulder County
1. 1999: $7 million ($3.5 million acquisition), with bond funding of$34 million.
2. Started in 1975 with a Director and a Planner as a separate County Department.
B. Complete a county-wide evaluative process such as a Land Evaluation and Site Assessment Program (LESA)
to prioritize conservation efforts.
1. The following outline was provided by the American Farmland Trust and at a budget of$25,750.
A. Hold a community meeting to raise awareness and interest in LESA and recruit individuals to sit on
the County LESA Committee.
B. Conduct an introductory LESA workshop in Weld County for county officials, planners, agricultural
representatives, Cooperative Extension, Soil Conservation District representatives, and others.
C. Develop a LESA system that will:
1. Specify factors to measure soil quality for the Land Evaluation component.
2. Sepcify factors to define the Site Assessment component (non-soil conditions).
3. Develop a rating scale for each factor.
4. Assign weights to each factor.
5. Prepare score thresholds for decision making.
6. Establish a data analysis system for tabulating LESA scores.
D. Field test the proposed LESA system on diverse agricultural parcels across the county; evaluate the
field test results and adjust factor development, scaling, weighting and/or established thresholds
accordingly.
E. Document all factors, and the scaling, weighting and scoring system in a publicly-available county-
level LESA manual.
2. Investigate with the County Attorney if the records of the conservation-targeted properties can be kept
closed during the negotiation process so that the negotiation of private contracts is kept confidential.
C. Develop a program for the acquisition of development rights, either through a Purchase/Transfer of
Development Right and/or Conservation Easement Program, or a Purchase of Agricultural Conservation
Easement (PACE) program. Such programs are established to compensate property owners for restricting
the future use of their land. Selling an easement/development right allows farmers and ranchers to cash in a
percentage of the equity in their land, thus creating a financially competitive alternative to development.
Conservation easements limit land to specific uses and thus protect it from development. These voluntary
legal agreements are created between private landowners and qualified land trusts, conservation
organizations or government agencies. The land owner retains the right to use their land for farming,
ranching and other purposes that do not interfere with or reduce agricultural viability. The land owner holds
2
the title to their properties, and may restrict public access, sell, give, or transfer their property, as they desire.
Producers also remain eligible for any state or federal farm program for which they qualified before entering
into the conservation agreement.
1. Conservation, Sending and Receiving areas shall be pre-determined through a program similar to LESA.
2. Ensure that the land designated as sending and receiving areas in a transfer program are of the same
marketability. (ie. Transfer development rights from Grover area to Erie area is not a fair market
exchange, but a method of equalizing units from different areas may be possible.)
3. A dispute resolution procedure for the TDR/PDR and Conservation Easement Program shall be provided.
4. Once the sending and receiving districts have been identified, the community allocated"Development
Rights" to property owners within the sending district. The number of property rights distributed to each
land owner should reflect either the number of house lots they could build on their property, or, in some
other fashion, the relative value of their property as compared with all other properties in the sending
district.
5. Sending district property owners should retain the option of developing their property under the prevailing
zoning district regulations. This option prevents the program from resulting in a taking of private property
rights. However, these land owners also would have the option of selling their development rights to
property owners in the receiving district, as long as they agree to establish a conservation easement on
their property, forever preventing any future development.
6. Investigate the ability to sell Bonds as an additional revenue option to finance purchase of conservation
easements or the acquisition of development rights. This would accelerate the ability to purchase as well
as buy in today's dollars, rather than at future values.
7. Develop a sliding scale of value for easements running in time from 20, 25, 30, 40, years and perpetual. If
the landowner is compensated for the development right, that landowner may not see a break from the IRS
unless the easement is in perpetuity. However, the landowner will gain estate tax benefits due to the de-
valuation of the land.
8. Develop a means for an easement grantee to purchase the easement back. (ex: If a property owner
becomes engulfed by development, they can purchase the easement back to develop land). Grantee can
purchase a Conservation Easement back when it is no longer viable for the property to remain zoned as
agricultural land.
9. Concentrate these conservation properties to form a "Regional Agricultural Preserve." This concept is
related to a "Regional Preserve" concept of the Weld County Open Space Plan. A"Regional Preserve" is
the largest open space unit (100 acres or more) and are intended to protect resources of regional
significance. Should this concept be explored for the Regional Agricultural Preserve concept, public
access shall not be permitted.
10. Program Administration Options (Provided by the American Farmland Trust)
A. County Government
1. Administered by a program coordinator with background in land use planning/agriculture. Given
the size of Weld County, two people may be needed. This person is responsible for the outreach
and education aspect, process applications from landowners, develop contracts for specific
transactions as required (surveys, appraisals, etc.)
2. The program uses existing administrative and technical support resources within the local
governmental structure (clerical, legal, survey, assessors, etc.)
3. The program is coordinated with the department of planning/economic development.
4. Decisions are generally made by a politically-appointed board or committee composed of public
officials and representatives of the agricultural community.
5. A strong tie to Zoning is required due to the transfer and purchase of development rights.
B. Private, Non-Proft
1. Grants from government to non-profit are required for funding.
2. The non-profit must maintain the administrative structure required to operate the program.
3. Each property must'be approved by the appropriate government entity.
4. Easements are usually co-held by the non-profit and the local government.
C. Contemporaries
1. Larimer County: Steve Ryder (970)498-7683
2. Routt County
Budget: LESA: $25,750.00
Land Trust: $20,000 (Volunteer Program)- Multi-million (Boulder County, 25-year program)
PACE/TDR/PDR: Unknown
Membership in the Colorado Coalition of Land Trusts: $100.00/year
Note: Budget does not include costs for a county employee to administer the program, nor annual operating costs.
3
Weld County Government Policies
Goal: To develop, enhance or amend current Weld County policies to more accurately reflect the importance of
• agriculture to the County economy.
Description:
,---4. Update and strengthen current Right to Farm Covenant to provide more credible protection to the agricultural
operator from development.
1. Intended to protect farmers and ranchers from nuisance lawsuits.
2. Some statutes protect farms and ranches from lawsuits filed by neighbors who moved into an area after
the agricultural operation had been established.
3. Provide a copy of the Right to Farm Covenant at the time a building permit is issued in the County.
4. Change the terminology of"Covenant"to "Advisement."
5. Personal Right to Farm Covenants may be tied to the sale of land, further protecting the farmer from new
resident complaint. Farmers and ranchers need to be made aware of this personal land covenant option.
6. Possible changes in terminology for the current Right to Farm Covenant- see page 11.
7. Incorporate current legislation in the Weld County Right to Farm Advisement.
B. Reduce regulations for construction of on-farm improvements.
1. These modifications and reductions will not pose a threat to the health, welfare and safety of citizens of
Weld County.
2. Building permit process can cost as much as the new buildings. Improving an operation through on-site
improvements is often cost-prohibitive due to Building Permit fees. (ie. private greenhouses to grow seeds
rather than buy them after middlemen handle them).
3. Streamline the process and make it user friendly!
4. USR process is too complicated to do without a consultant, unless you have a lot of free time.
5. Need friendlier faces in the Planning Department with more sensitivity to the customer's problems.
C. Develop stronger county policies that protect the agricultural operation from encroaching town growth. See
the IGA Section on page 5.
D. Review the Weld County Open Space Plan for potential to adopt as an Ordinance, or incorporate into existing
Ordinances.
E. Develop an Environmental/Agricultural Responsibility Statement
1. Executive Order- Governor/County Officials shall issue executive orders that document the importance of
agriculture and farmland to the state's economy, environment and culture. Some executive orders direct
agencies to withhold funding from projects that would result in farmland conversion. Executive orders
have the potential to build public and institutional support for other farmland protection programs. By
restricting the use of state funds for projects that would result in the loss of agricultural land, executive
orders also can influence the actions of local governments. To the extent that they call attention to the
problem of farmland conversion and facilitate discussion about solutions, executive orders can serve as a
building block of a comprehensive farmland protection program.
2. Develop and provide an agricultural-produced/directed/guided "Best Management Practice" guideline to
set a minimum baseline of operation standards to protect from Nuisance suits when the ag producer
operated under the Guidelines. Cooperative Extension Service has produced examples of these
guidelines.
3. Develop a booklet, or distribute Cooperative Extension's booklet on what living in unincorporated
Weld County is like to help raise awareness of agriculture in the county. This booklet should be
distributed to all county residents along with the Right to Farm Advisement at building permit issuance.
F. Identify agencies that assist farmers and agricultural businesses to comply with regulations and help meet
financial obligations. Too often, agencies are in place to police and enforce compliance without offering
assistance.
1. Have staff with a"friendly"attitude and willingness to help.
2. Ag-Specialized Planners with training opportunities to learn more about agriculture.
3. Someone in Cooperative Extension office to help applicant with all the information for their process - a
"Department of What You Need To Know".
Budget: This category relies upon staff to develop and administer the program along with an annual operating/
printing budget.
4
Comprehensive Planning and Community Involvement
Goal: Municipal and County comprehensive plans and ordinances shall incorporate goals to support agricultural
land protection coupled with innovative mechanisms to achieve this goal.
Description:
A. Develop a mechanism for Cluster Development and Density Bonus Program
1. Current Weld County Comprehensive Plan does not provide a mechanism for this option.
2. Update County Comprehensive Plan, Subdivision Ordinance, and/or Zoning Ordinance to reflect a
mechanism for cluster development, as allowed by State Statute, and referred to in some of the
Intergovernmental Agreements:
a. Definition of"Development" (Evans IGA): Any land use requiring regulatory approval by the elected
governing body of the applicable party in the Urban Growth Area except for an amendment to a plat
or a down-zoning, neither of which creates any additional lots and except for a Recorded Exemption
or Subdivision Exemption. Existing agricultural uses, which are lawful uses, either as uses by right
under the Weld County Zoning Ordinance, as amended, or as legally existing non-conforming uses
which are non-conforming as the result of animal units in excess of the bulk requirements, are also
exempt from the definition of"Development".
b. Definition of"Non-Urban Development" (Eaton IGA): Land uses which typically do not require
services such as central water and sewer systems, road networks, park and recreation services,
storm drainage, and the like, and which are generally considered to be rural in nature, expressly
including land used or capable of being used for agricultural production and including developments
which combine clustered residential uses and agricultural uses in a manner that the agricultural lands
are suitable for farming and ranching operations for the next forty years.
3. The Rural Land Use Center of Larimer County provides a subdivision option to the agricultural land
owner based on State Statute. The budget for the Rural Land Use Center is $190,000 (in its third
year). This budget includes three full time staff members.
B. Encourage every municipality to enter into Intergovernmental Agreements (IGA)with the County.
1. Urban Growth Boundaries based on urban service provision and future growth.
2. Develop uniform baseline design standards to be applied to development occurring in a community's
Urban Growth Boundary.
3. Amendment provision.
4. Agricultural protection language entered into IGA.
G. Develop a new process for subdividing agricultural lands.
1. Citizen-based group to form as a referral agency for review of proposals, create a new permanent Weld
County Agricultural Advisory Committee - Provide input on ALL new development proposals in the county
during the planning process with the county and municipalities. This would allow input early on in the
planning process as to how a development may or may not affect surrounding agricultural operations.
2. Send out Surrounding Property Owner letters during the Sketch Plan portion of a subdivision, to allow those
in the area as much time to prepare for Planning Commission as the applicants have had.
3. The citizen voice should be listened to as well as heard at hearings - ie. Planning Commission.
4. Investigate the Larimer County Rural Land Use Center.
Budget: This category relies upon staff to administer the program and an annual operating budget.
•
Agricultural District Creation
Goal: To allow farmers to form special areas where commercial agriculture is encouraged and protected.
Description:
Agricultural district programs allow farmers to form special areas where commercial agriculture is encouraged and
crotected. Programs are authorized by state legislatures and implemented at the local level. Enrollment is
)luntary and the program is designed to be flexible. In exchange for enrollment, farmers receive a package of
state-decided benefits. Agricultural district formation should not be confused with agricultural zoning, which
imposes mandatory restrictions on the use of farmland. By providing attractive incentives such as an "Acquisition
of Development Right" programs, agricultural districts laws are intended to promote the retention of large blocks of
farmland. Agricultural districts help stabilize the land base at low public cost.
Agricultural district laws help create a more secure climate for agriculture by preventing local governments from
passing laws that restrict farm practices, and by providing enhanced protection from private nuisance lawsuits.
It is important to note that this program requires State Enabling Legislation. Perhaps, a program with a similar
outcome, and more readily enacted is illustrated on page 3 by the reinstated Weld Land Trust. This program,
through LESA, may provide the same outcome.
The American Farmland Trust provided the following outline for forming an Agricultural District Program:
1. Designate an agricultural district committee. Meet to develop goal and purpose statement for agricultural
district program.
2. Hold community meeting to gather together landowners and other interested citizens to increase awareness of
the purpose of the program and to discuss the goals and objectives. Inform them of pending survey.
I Develop, conduct, and analyze a survey of agricultural landowners to determine which types of incentives
would be most useful in today's business climate.
4. Develop an oversight board and define program operation, including the following:
a. Complete review of legal issues involved in program development (state and local level) based on survey
results about desired incentives.
b. Define who will manage and review the ag district program. Should members of local government be
involved? Who will provide the funding source?
c. Once identified, these members must develop the following:
1. Criteria for inclusion in agricultural district (minimum parcel size, scale of operation, types of
agricultural operations permitted, evidence of sound agricultural practices, etc.)
2. Procedures for enrollment in the district.
3. Incentives for enrollment and sanctions for withdrawl (complete analysis of landowner survey). Note:
The incentives package prepared for the program may have to be modified depending on the
outcome of the legal research.
4. Geographic structure of the ag district. Should the program be open to all landowners in the county,
or to those in a certain area with relatively contiguous parcels?
d. Look at programs in other states. What elements have made them successful or less successful?
Consider visits to other programs.
5. Develop program structure.
a. Establish the following:
1. How and when evaluation of landowner applications to district is conducted.
2. How and when requests for withdrawl from the district are reviewed.
b. Develop oversight procedures to evaluate landowners' adherence to program criteria regulations.
c. Develop method for evaluating program effectiveness.
d. Once program structure is defined, hold an evaluation of landowner receptiveness to program
management and structure.
6. Mechanisms established for operation.
a. Identify the organizations and agencies involved in providing or facilitating incentives.
b. Develop agreements with these organizations and agencies for incentive provisions and general program
operation.
7. Implement Program.
a. Establish location and time with regular board meeting to review applications and monitor program.
b. Publish informational brochure on ag district program.
c. Promote program to landowners through workshops, meetings, informational brochure.
Qudget: $15,215. Note: This budget does not include the costs for a county employee to administer the program,
T annual operating costs.
6
Agricultural Producer Incentive Program
Goal: Develop a program of incentives to keep agricultural lands viable and productive.
Description:
A. Any incentive shall not be developed as a governmental subsidy. The perception of the term "Subsidy" is a
governmental cash payment to the farmer. This has a negative connotation. A subsidy shall not be a
government"Hand-Out," but rather, governmental incentives.
1. Enlist the assistance of organizations such as the Greeley/Weld Economic Development organization
(EDAP).
2. A partnership with local, county and state agencies is encouraged.
3. The County Commissioners should encourage and support the formation of these programs. However, it
is preferable if the County Commissioners do not take an active role in these programs.
B. Loan/Grant Program and Economic Incentives for New Farmers and Farm Equipment. Farmers need access
to capital to purchase land and equipment and to invest in the development of new products, services,
production technologies and marketing strategies. Yet commercial banks often are reluctant to lend money
to farmers for agricultural enterprises. Public economic development programs are generally targeted to the
industrial and service sectors and do not consider loans to agricultural businesses. State and local
governments can facilitate agricultural economic development by treating farms as other businesses, making
loan funds, tax incentives and technical assistance available to producers. In Maryland, banks are
participating through Community Reinvestment Act funds.
C. Communities need to develop incentives to keep the farmer in farming.
D. Explore the idea of establishing County AG Enterprise Zones through State Enabling Legislature.
E. Offer incentives for agricultural based industry to locate in Weld County and municipalities.
F. Incentives for alternative crops, marketing, and land uses.
1. Direct Marketing - Growers who market agricultural products directly to consumers usually receive higher
prices than farmers or ranchers who sell wholesale. Counties and towns can encourage the development of
agricultural retail businesses by specifically permitting roadside stands, pick-your-own operations, nurseries
and other agricultural uses in their zoning ordinances and public health codes. Many communities also have
developed and distributed maps showing the location of farm stands, pick-your-own operations and farmers'
markets, and some have posted signs directing drivers to these farm businesses.
2. Community Supported Agriculture (CSA)-CSA farm customers pay for a share of the harvest at the
beginning of the year and receive a weekly supply of produce dependent on the family's pre-determined
needs. This system takes some of the risk out of farming and shifts the time that growers must spend on
marketing to the beginning of the year. Some organizations can assist CSA producers by building networks
that would allow several CSA operations to work together providing greater selection to their customers.
3. Farmers' Markets -A Farmers' Market give growers access to a large base of customers. Most markets
are open-air public spaces where farmers gather to sell home-grown products. Farmers may travel hundreds
of miles to downtown markets in big cities. The markets are good for the city as well as the farmers, as they
attract customers who patronize other downtown businesses.
4. Marketing to Food Retailers and the Restaurant Industry- Much of the retail price for food pays for
marketing and distribution. By selling directly to food retailers, farmers and ranchers can capture more profit.
A growing number of natural and specialty food stores are expressing an interest in selling local farm
products. Several non-profit organizations are working to establish links between growers and chefs.
Encouraging restaurants to use local produce and meats and to promote them on their menus may help build
a retail customer base for both local farms and dining establishments. Contract with restaurants and food
retailers also helps keep farmers informed about trends in the food industry.
5. Diversification -State departments of agriculture, Extension agents and economic development agencies
promote diversification to reduce risk and increase profits. Diversification can mean planting new crops or
shifting to a different mix of crops and livestock, developing new products or services or targeting new
markets.
7
o. New Hrocucts and Market Strategies -State and local governments and agricultural organizations are
helping growers create and market speciality products such as cheese, wine, preserves and sauces, potato
• chips and cereals. These products can be sold year-round and can be marketed through the mail and Internet.
Several states are investigating the feasibility of public commercial kitchens that could serve as incubators for
farm-based food businesses.
7. Agritourism - States and local governments offer workshops for farmers who are interested in developing
recreational businesses. Agricultural tourism is increasingly popular in farming communities near urban areas
Entrepreneurial growers are offering educational and recreational services such as school tours, hay and
sleigh rides, crop mazes, petting zoos, restaurants, ranch vacations and bed-and-breakfast facilities. These
services bring in new customers and promote farm products.
8. Grower Cooperatives-Growers who sell wholesale can increase their access to lucrative markets by
forming cooperatives. High-volume retailers such as supermarkets that find it too difficult to buy from
individual producers may welcome the opportunity to purchase locally-grown food from a well-organized
cooperative. Cooperatives may also offer a diverse selection of products to retailers at a competitive price.
(Capper-Volstad Act of the 1920's).
9. Reducing the costs of production - Most agricultural economic development strategies are designed to
help producers increase revenues, but a few help them cut costs. From organic farming, integrated pest
management, seed purchasing cooperatives, agricultural supply cooperatives, and feed and storage changes,
cooperatives offer alternatives that may help cut production costs.
Budget: This category relies upon staff of organizations such as EDAP to administer the programs and an
annual operating budget.
8
Educational Campaign
Goal: An opportunity to provide the public with information pertaining to the benefits that the agricultural industry
and the individual agricultural operator have on the community, county, and state. •
Description:
1. Provide a mechanism/staff person devoted to agriculture in Weld County.
A. Educate new residents, developers, towns on the importance of agriculture (i.e., how much carbon is
absorbed by the earth, how to measure environmental, aesthetics of agricultural land?) Develop
something to give new rural residents at the time of building permit about the rural Weld County Rife, i.e.
"Code of the West" or a stronger"Right to Farm Advisement" hand out at Building Permit issuance. Use
the results of a study to educate citizenry.
B. Complete a Cost Analysis of Growth Study and publicize the results. Use the results of a study to educate
the public on the economic benefits of agriculture to urban culture (ie. the story of how milk gets to the
store). The following information was provided by the American Farmland Trust and represents a budget
of$9,300 for a county-level and selected municipality review.
1. Define land use categories in the study area.
2. Collect city revenue and expenditure data for budget year under consideration
3. Allocate revenues and expenditures by land use category.
4. Calculate ratios of revenues to expenditures,for each land use category.
5. Develop a report which analyzes cit budget revenue and expenditure data by land use category and
illustrate the current demand for services.
6. Develop a summary publication for public distribution.
C. Develop or borrow the Cooperative Extension's booklet on what living in unincorporated Weld County is
like to help raise awareness of agriculture in the county. This booklet should be distributed to all county
residents along with the Right to Farm Covenant at building permit issuance.
D. The agricultural community must continue to educate and offer educational opportunities for people who
are interested. Encourage Planners, Board Members, etc. to refer people to the Cooperative Extension
office for agricultural businesses willing to do tours and offer information.
Budget: Cost Analysis of Growth Study: $9,300
Note: This budget does not include the costs for a county employee to administer the program, nor annual
operating costs.
Miscellaneous Recommendations
The following ideas received attention, although the Committee felt that these ideas were beyond their control:
1. Limit flag pole annexations
2. Relief from State income tax
3. Support any efforts the Board of County Commissioners may take in reviewing Amendment 14
4. Review tax policies.
A. Currently, tax is based on production 7 years ago. Encourage State to review this to reflect more current
statistics. Change to county-wide Board of Equalization to set prices. Use a five year average for tax
purposes, to even out the highs and lows of the economy.
5. State/National tax credits for conservation
9
b PS
AMERICAN'S ATTITUDES ABOUT GROWTH AND DEVELOPMENT ARE CHANGING
LAND USE PLANNERS,POLICY MAKERS AND CITIZENS ALIKE HAVE IDENTIFIED SIX BASIC TRENDS
IN WESTERN LAND USE (TRENdS`QVERHEAD)
AS THE AMERICAN WEST AND WELD COUNTY CONTINUE TO GROW AT NEARLY TWICE THE
NATIONAL AVERAGE WE HAVE SEEN OUR COMMUNITIES CHANGE IN WAYS WE DIDN'T
ANTICIPATE OR EXPECT.
URBAN SPRAWL, GROWTH AND DEVELOPMENT CONSUMES IRREPLACABLE LAND THAT WAS
ONCE FARMLAND, FORESTS, FLOODPLAIN, SCENIC LANDSCAPES OR OPEN SPACE.
GROWING PUBLIC EXPECTATIONS NO. . . .MAKE THAT GROWING PUBLIC DEMANDS. . . . FOR
ROADS, SEWERS, SCHOOLS, WATER, PUBLIC SERVICES AND AFFORDABLE HOUSING ARE
LEADING TO INCREASED COMPLAINTS, QUESTIONS OF COMPATIBILITY AND THE NEED FOR
INCREASED TAXES
OUR JOBS AND RECREATION OPPORTUNITIES ARE INCREASINGLY BEING DISCONNECTED AND
SEPARATED FROM THE PLACES WHERE PEOPLE LIVE. WE ARE SEEING URBAN SPRAWL HURT
CITIZENS QUALITY OF LIFE AND THEY WANT SOMETHING BETTER. (IN THE PROFESSIONAL
OPINION OF THE DPS, THE COMPREHENSIVE PLAN REWRITE COMMITTEES PROPOSAL WILL
SIGNIFICANTLY CONTRIBUTE TO URBAN SPRAWL,INCOMPATIBLE LAND USES AND NEGATIVELY
EFFECT THE QUALITY OF LIFE IN WELD COUNTY)
TO TRULY UNDERSTAND SMART GROWTH YOU MUST HAVE AN UNDERSTANDING OF THIS TERM
QUALITY OF LIFE ? QUALITY OF LIFE IS DEFINED AS ( QQL OVERHEAD) . . . . IN SIMPLE
TERMS
QUALITY OF LIFE IS WHY. . .IN THIS GREAT NATION OF OURS, A NATION OF CHOICE. . . WE
CHOOSE TO LIVE WERE WE LIVE. NOW THAT WE UNDERSTAND QOL LETS TALK ABOUT SMART
GROWTH(SMART GROWTH bEFINEI)QVERHEAD) THE NATIONALLY ACCEPTED(PRINCIPLES OF
SMART GROWTH ARE: (PRINCIPLES OF SMART GROWTH OVERHEAD)
WHAT IS SMART GROWTH AND WHY IS IT A SENSIBLE CHOICE?
COMMUNITY QUALITY (SAFE, CONVENIENT, ATTRACTIVE AND AFFORDABLE)
SPRAWL DEVELOPMENT FORCES TRADE-OFFS BETWEEN THESE GOALS
(A COMMUNITY MAY BE SAFE BUT NOT CONVENIENT, CONVENIENT BUT NOT
AFFORDABLE, AFFORDABLE BUT NOT SAFE, ETC)
SAFETY DICTATES LESS TRAFFIC & BETTER ACCESSES
SPRAWL DEVELOPMENT FRAGMENTS COMMUNITIES BY PUTTING JOBS, HOMES AND
OTHER DESTINATIONS FAR APART,REQUIRING A CAR FOR EVERY TRIP.SMART GROWTH
EMPHASIZES COMPACT DESIGN, PROXIMITY TO EXISTING URBAN USES, MIXED USE,
CLUSTERING, HOUSING OPPORTUNITIES, PRESERVATION OF DWINDLING NATURAL
RESOURCES, FAIRNESS AND MULTIPLE TRANSPORTATION OPTIONS.
RURAL COMMUNITIES NEED THRIVING CITIES, TOWNS AND VILLAGES
SMART GROWTH PROMOTES OR PRIORITIZES THE NEEDS OF EXISTING COMMUNITIES
FIRST. BY GUIDING AND ENCOURAGING DEVELOPMENT TO ALREADY BUILT-UP AREAS
(WHERE SERVICES AND INFRASTRUCTURE ARE PRESENTLY AVAILABLE RATHER THAN
WHERE THEY MAY OR MAY NOT BE OBTAINABLE IN THE FUTURE) MONEY FOR
INVESTMENTS IN TRANSPORTATION, SCHOOLS, LIBRARIES, POLICE AND FIRE
PROTECTION AS WELL AS OTHER PUBLIC SERVICES CAN GO TO WHERE PEOPLE LIVE
tiEXHIBIT
TODAY. THIS IDEA OF THRIVING COMMUNITIES IS ALSO CRITICAL FOR PRESERVING A
SENSE OF PLACE. AN EXAMPLE OF THIS IS WHEN RURAL RESIDENTS OF WELD COUNTY
TELL YOU WHERE THEIR FROM ITS USUALLY BASED ON THIS IDEA OF PLACE (I'M FROM
ROGGEN OR PROSPECT VALLEY OR THE STONEHAM AREA , OR IT MIGHT BE FROM A
UNIQUE LITTLE TOWN, OR I'M FROM WHERE THE GEESE FLY AND THE BULLS CRY).
PROMOTING SHARED BENEFITS AND SOCIAL EQUALITY
SPRAWL LEAVES TOO MANY PEOPLE BEHIND. MARKET DRIVEN PLANNING AND A
TRANSITION ZONE BETWEEN URBAN AND NON URBAN (BOTH THE PROPOSALS OF THE
COMPREHENSIVE PLAN COMMITTEE) MAY ALLOW SOME AREAS AND GROUPS TO
PROSPER WHILE OTHER LANGUISH. AS PLANNERS WE STRIVE TO MAINTAIN THE BASIC
IDEA IS IMPROVE EXISTING COMMUNITIES RATHER THAN SUBSIDIZE NEW ONES.
LOWER COST, LOWER TAXES (THE BOTTOM LINE IS SPRAWL COSTS THE PUBLIC MONEY)
OPENING UP RURAL SPACES TO NEW DEVELOPMENT MEANS THAT THE COST OF NEW
SCHOOLS, ROADS, SEWER AND WATER LINES, WILL ULTIMATELY BE BORNE BY
RESIDENTS THOUGHOUT THE COUNTY OR LOCAL DISTRICT. RESIDENTIAL
DEVELOPMENT HAS CONSISTENTLY BEEN PROVEN NOT TO PAY FOR ITSELF. SPRAWL
MEANS FAMILIES MUST OWN TWO CARS AND DRIVE THEM FURTHER. THIS HAS MADE
TRANSPORTATION ONE OF THE HIGHEST CATEGORY OF HOUSEHOLD SPENDINGBEHIND
HOUSING ITSELF. SMART GROWTH ADVOCATES USING AND IMPROVING EXISTING
INFRASTRUCTURE TO KEEP TAXES DOWN AND BUILDING IN OR NEAR URBAN AREAS TO
ENSURE CONVENIENT AND AVAILABLE TRANSPORTATION OPTIONS.
KEEPING OPEN SPACES OPEN
BY FOCUSING DEVELOPMENT IN OR NEAR ALREADY BUILT UP AREAS, SMART GROWTH
PRESERVES RAPIDLY VANISHING AND IRREPLACABLE NATURAL RESOURCES.
COMMUNITIES AND CITIZENS ALIKE ARE INCREASINGLY DEMANDING PARKS AND
RECREATIONAL OPPORTUNITIES WITHIN EASY REACH.SMART GROWTH ALLOWS US TO
PASS ONTO OUR CHILDREN THE LANDSCAPES AND TRADITIONS WE HAVE CREATED,
LIVED BY AND LOVE.
To: Board of County Commissioners
RE: Smart Growth Concepts
Including the term "Smart Growth Concepts"without a qualifier could open the door to the perceived
idea of official adoption by the County of the generally accepted "Smart Growth Principles"which the
Planning Staff already uses to an extent, but which are not all desired as adopted growth principles by
the citizens of Weld County. Generally accepted does not mean that we as a county have to embrace
these as our own; however, doesn't the inclusion in the Comprehensive Plan of"smart growth concepts"
tend to lock the County and its citizens into a predetermined set of concepts? According to past history,
once an idea is included in the Comprehensive plan, it gives official acceptance and arguments are
based on that idea.
The question is, does the Board of County Commissioners want to retain the right to determine its own
growth principles? The preceding growth principles laid out by the Committee and, subsequently,
adopted by the Planning Commission - F, 1-6 - Pg.30 & 31 -are an expression of the vision we, as
representatives of the County, have. They are not intended to be "smart growth principles", but our own
principles guiding Weld County's growth.
I'd like to recommend the insertion of the following terminology in the Planning Commission's version of
"G", pg.32:
"By following the Guiding Principles of the Comprehensive Plan and applying the preceding
Weld County growth concepts as outlined in paragraph"F",future land uses in Weld County will
result in:"
/', Respectfully submitted by Karla Grieser.
r
(j, EXHIBIT
II
The Search for Space — "Smart Growth Gets a Reality Check"
Homebuyers today are looking for a larger home at a price they can afford, and they're willing to
move farther from the city to get what they want, according to a recent national research study of
2000 homebuyers. The consumer's vision of larger-and-farther-away is in direct conflict with
policymakers vision of smaller-denser-and-closer-in, i.e., "smart growth."
Homebuyers, both first-timers and trade-ups, believe price is more important than proximity to work,
city, or schools. According to the survey, 52 percent of recent homebuyers made price their No. 1
consideration; 31 percent said finding a home in the right neighborhood was tops; and only 2 percent
said being close to work or minimizing their commute was most important.
No. 1 Homebuying Considerations * Top Community Amenities **
1. Price 52% 1. Highway Access 44%
2. Location 31% 2. Walking/jogging trails 36%
3. Amenities 11% 3. Sidewalks 28%
4. Proximity to work 2% 4. Park area 26%
5. Proximity to school I% 5. Playgrounds 21%
6. Other 5% 6. Nearby shops 19%
7. Lake 16%
* Due to rounding, numbers don't add to 100%
** Multiple responses allowed
(For complete survey, visit Current Links at REALTOR.org/realtormag.)
Ironically, recent buyers clearly understand the ramifications of sprawl. When asked where new
growth should occur, 72 percent responded that new homes should be built"closer in" on open
urban and inner-suburban spaces known as "in-fill." Only 29 percent said new homes should be
built in outlying areas.
But in making their personal choices, the majority of recent buyers tossed land-use policy
considerations out the window and moved to outlying areas to get what they want. Based on this
research, policymakers may want to ask two questions. 1) "Would buyers buy homes closer in (as
they say they would prefer) if they could buy a reasonably sized home on a reasonably sized lot at a
reasonable price?" 2) " Are land use policies that mandate smaller, denser homes on small lots
actually accelerating the sprawl they are designed to limit?"
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.�,� Real Estate 9]0.129.0]00 9]0.663.0]0(1 9]0.216.0]00
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Jenny Lobato Merle&Karla Grieser
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Comparison of Weld County Property Taxes
Collected in Relation to Land Use
Shilo Estates
1993 1995 2000
74.9 acres Ag $133
Separate Parcel $1185
Built-out Subdivision (13 lots) $10252
Mill levy 22.457 22.038 22.038
Assessed Valuation $5910 $53770 $465199*
*Represents 9.4%of market value
The numbers above start with the ag land that became the fully built out subdivision
called Shilo Estates, consisting of 13 lots with single family homes.
The homes in Shilo are on several acre lots. The homes are all large multi-level
structures and many have detached second garages and/or outbuildings. yb
All of the infrastructure, including the internal road, was constructed and paid fottg e
developer. The homeowner's association will pay for all maintenance and snow removal
of the internal road.
Shilo was built prior to both the school and road impact fees that exist today in the area.
Generally,this type of large lot subdivision does not require a lot of services such as
sheriff, fire dept. ambulance, and etc. The developer, who lives in the subdivision, only
recalls the sheriff being called once.
In conclusion, the county is receiving 100 times more revenue off the same piece of land
and having very little impact on county services provided. It is my opinion that this type
of development does pay its way.
EXHIBIT
r 7/
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2. DEFINITIONS. For the purposes of this Agreement the following terms shall be
defined as set forth herein:
2.1 Development. Any land use requiring regulatory approval by the elected
governing body of the applicable party in the Urban Growth Area except for an amendment
to a plat or a down-zoning, neither of which creates any additional lots and except for a
Recorded Exemption or Subdivision Exemption.Existing agricultural uses,which are lawful
uses, either as uses by right under the Weld County Zoning Ordinance, as amended, or
as legally existing non-conforming uses, are also exempt from the definition of
"Development".
2.2 Non-Urban Development. Developments comprised of nine (9) or fewer
residential lots, located in a non-urban area as defined in Chapter 2`leof the Weld County
Code, not adjacent to other PUD's, subdivisions, municipal boundaries or urban growth
mg— corridors. Non-Urban Development shall also include land used or capable of being used
for agricultural purposes and including development which combine clustered residential
bl— uses and agricultural uses in a manner that the agricultural lands are suitable for fanning
rm_ and ranching operations for the next forty (40) Years. Non-Urban Development on public
dl water and septic systems may have a minimum lot size of one(1)acre and an overall gross
density of two and one-half (2%) acres per septic system. Non-Urban Development
gv_ proposing individual, private wells and septic systems shall have a minimum lot size of two
and one-half(2%) acres per lot.
2.3 MUNICIPAL Referral Area. The area located outside of but within three
miles of the MUNICIPALITY's municipal boundaries.
2.4 Urban Development. Developments exceeding nine(9)lots andlor located
in close proximity to existing PUD's, subdivisions, municipal boundaries or urban growth
corridors and boundaries. All Urban Development shall pave the internal road systems of
the developments. Urban Development requires services such as central water, sewer
systems(including permitted septic systems), road networks, park and recreation facilities
and programs, and storm drainage.
2.5 The Urban Growth Area is hereby established and shall consist of all lands
so designated on the map attached hereto and referred to herein as "Exhibit A,"
EXCEPTING those lands located within the MUNICIPALITY's municipal boundaries.
3. PLANNING COORDINATION. This Agreement is intended to be a
Comprehensive Development Plan adopted and implemented pursuant to C.R.S. §29-20-105(2).
Following the execution of this Agreement by both parties, COUNTY Development approvals in
the MUNICIPALITY's Referral area will be processed and determined in accordance with the
following:
3.1 Referral. the COUNTY will refer all proposals for Development within the
MUNICIPAL Referral Area to the MUNICIPALITY for its review and recommendation. Such
referral will include at least a copy of the written Development proposal and preliminary
COUNTY staff summary of the case. The COUNTY will allow not less than twenty-one(21)
days for the MUNICIPALITY to review same and furnish its recommendations to COUNTY
staff prior to formulation of the COUNTY staff recommendation. If the MUNICIPALITY does
-- 11111111111iII1IHi01 NIB IIIMi(tillM g. EXHIBIT
49410 R 05/10/2002
00 0 0.00 Weld County 60ukamoto
WORK SESSIONS
COMPREHENSIVE PLAN
August 13, 2002
Those present:
Glenn Vaad, Chair
Dave Long, Pro-Tem
Mike Geile, Commissioner
Bill Jerke, Commissioner
Arlan Marrs, Comp Plan Committee
Mike Miller, Planning Commission
Christie Nicklas, Planning Commission
Bruce Barker, County Attorney
Robert Anderson, Department of Planning Services
Carol Harding, Deputy Clerk to the Board
Esther Gesick, Deputy Clerk to the Board
Public input:
Stan Everitt
Fred Walker
Karla Grieser
August 15, 2002
Those present:
Glenn Vaad, Chair
Dave Long, Pro-Tern
Mike Geile, Commissioner
Bill Jerke, Commissioner
Rob Masden, Commissioner
Arlan Marrs, Comp Plan Committee
Mike Miller, Planning Commission
Christie Nicklas, Planning Commission
Bruce Barker, County Attorney
Monica Mika, Director of Planning Services
Robert Anderson, Department of Planning Services
Carol Harding, Deputy Clerk to the Board
Esther Gesick, Deputy Clerk to the Board
EXHIBIT
Public Input:
Fred Walker
Bob White
Karla Grieser
August 19, 2002
Those present:
Glenn Vaad, Chair
Dave Long, Pro-Tern
Mike Geile, Commissioner
Bill Jerke, Commissioner
Rob Masden, Commissioner
Arlan Marrs, Comp Plan Committee
Mike Miller, Planning Commission
Christie Nicklas, Planning Commission
Bruce Barker, County Attorney
Robert Anderson, Department of Planning Services
Carol Harding, Deputy Clerk to the Board
Esther Gesick, Deputy Clerk to the Board
Public Input:
Fred Walker
Stan Everitt
Karla Grieser
August 21, 2002
Those present:
Glenn Vaad, Chair
Dave Long, Pro-Tem
Mike Geile, Commissioner
Bill Jerke, Commissioner
Rob Masden, Commissioner
Arlan Marrs, Comp Plan Committee
Mike Miller, Planning Commission
Christie Nicklas, Planning Commission
Bruce Barker, County Attorney
Robert Anderson, Department of Planning Services
Carol Harding, Deputy Clerk to the Board
i^'� Esther Gesick, Deputy Clerk to the Board
Public Input:
Bob Martin
Stan Everitt
Fred Walker
Kirk Goble
Bruce Rippey
August 26, 2002
Those present:
Glenn Vaad, Chair
Dave Long, Pro-Tern
Mike Geile, Commissioner
Bill Jerke, Commissioner
Arlan Marrs, Comp Plan Committee
Mike Miller, Planning Commission
Christie Nicklas, Planning Commission
Bruce Barker, County Attorney
Robert Anderson, Department of Planning Services
Carol Harding, Deputy Clerk to the Board
Esther Gesick, Deputy Clerk to the Board
Public Input:
Kirk Goble
'ILL. -✓• �.�. i .
August 29, 2002
rti 21
Board of County Commissioners, IRE
Commissioners Vaad, Jerke, Masden, Giehl, and Long:
Re: Revision of Weld County Comprehensive Plan
Dear Commissioners:
Thank you for the way you conducted the meetings with the Planning Commission and the
Committee members during the first five work sessions. As committee members, we appreciated the
thoroughness with which you addressed issues, and your willingness to listen to all interested parties.
As the last session was a deviation from the preceding five in that public testimony was not allowed prior
to voting, there are a few things that were not addressed.
Considering the lateness of the session, and the fact that the session had basically closed prior
to opening up the session for public testimony, -and the fact that my second two hours of parking were
over, I did not bring these up at that point. Hopefully, you will consider the following points as addressed
in this letter.
1. Pg. 65, Planning Commission's R. Goal 1 and policies, has most of the same language as R.7
Goal and policies located on pg. 68. The goal is stated identically both places with minor
adjustments for the writing in Goal 1 being the Planning Commission's words,while the writing in
Goal 7 are the Committee's words. The first half of Policy 1.1 and 7.1 are identical, and Policy
1.2 is identical with Policy 7.2. This appears as undesired repetition. Can they be combined
under one goal to include Policy 7.3 with the rest of the policies?
2. Pg. 100, Sec. 22-3-140, T.2 Goal has a difference between the wording of Planning Commission
"promoted"and Committee's wording of"considered". As a committee, we spent time
discussing this wording, and again, with a 2/3 majority vote decided to use"considered". While
a countywide trail system is a nice idea, it should be left to the property owner to consider the
appropriateness of such an amenity. The idea of"promoting" brings with it, the distinct
possibility that this would become a condition of approval in all developments regardless of size
or appropriateness.
3. Pg. 116, Sec. 22-5-30, W.Policy 2.1, has a difference between the wording of"significant" by the
Planning Commission, and "critical"by the committee and the old plan. Again, as a committee,
we had much discussion over this word, and agreed that"significant"was giving a much broader
interpretation making more restriction where it might not be appropriate.
There are also a few things on the new version of the County Commissioners that I'd like to
bring to your attention.
1. Pg. 4, F 5, is approving the Committee's language, while on pg. 14, E, 5, is the same thing
restated in the Planning Commission's language. Shouldn't this be consistent?
2. Pg. 32, H. The first sentence seems awkward, and I have in my notes that this was to read,
"Consideration of the impact on land uses in the various Overlay Districts shall be given to
lands under development consideration." Is this right or wrong?
3. Pg. 37, C. In proofreading the newly revised version, the phrase, "in areas encroached upon"
came to my attention. This is not something that the Committee even looked at, and so,
speaking for myself in public comment, I find this wording very offensive. "Encroach" implies an
[2. EX 7ir
r 1
illegal activity and included in the definition is"trespassing upon or invading the property or
rights of another; intruding usually secretly or gradually, to go beyond proper or usual limits,
make gradual inroads on . Synonyms include: intrude, seize, fasten upon, to thrust oneself in,
come unasked and unwanted, force in." Residential, commercial and industrial uses are not
always the villain "encroaching on"farming practices. I'd like to recommend and request
removal of this phrase from the sentence.
Also on Pg. 44, A. Goal 7 includes "encroachment by"which can and should be removed.
Removing these two phrases will not alter the intent of the statements.
4. Pg. 66, R. Policy 2.1, was to include"urban"before residential in 2n" and 6th lines.
5. Pg. 70, Sec. 22-2-220 Planned Unit Development. I have in my notes that a portion of the
Committee's wording was to be inserted after"zoning laws." in the 7'h line from the bottom of the
paragraph. The wording being: "It is acknowledged that the encouragement of flexibility and
variety may not be fully aligned with all technical and regulatory requirements of the Code.
Therefore, the intent of certain elements of the Code may be satisfied in creative ways that are
not specifically described in the Code." Is this correct?
6. Pg. 115, Sec. 22-5-10, Paragraph A. The word "between" is omitted in the second line. Should
read "balance be obtained between increased growth and the natural areas". (Also, in
paragraph B, 4th line from the bottom "the"should not be capitalized.)
The following is more for Carol as I've found several technical items while proofreading that are
more grammatical in nature as follows:
1. Pg. 3 and 12, Paragraph E. Words in bold should be inserted. "Land use regulations which
address land use changes should be written so as to protect the rights of private property
owners, as well as the public health, safety and welfare."
2. Pg. 71, PUD.Policy 3.1, 2n° line. "and"should be "an".
3. Pg. 105, WA.Policy 3.2, 2n° line. "a"should be removed.
4. Pg. 108, Sec. 22-4-80, Para. B, last line. "Stimulus"should be the plural form of"stimuli".
5. Pg. 113, Sec. 22-4-170, 2nd sentence. "Household Hazardous Waste (HHW)," is the singular
subject of the sentence and requires the verb "is regulated", not"are". (Comma after(HHW) is
missing.)
6. Pg. 119,O.Policy 4.1 seems to be poor sentence structure, reading awkwardly. Suggest:
"Stabilization and landscaping of final landforms shall be required; runoff shall be c0ontrolled to
historic levels; and continuous maintenance of new landscaping should be assured."
Again, thank you for your consideration to each of these items.
Respectfully submitted,
Karla Grieser, Member,
Comp Plan Committee
The document in front of you with the single column aligns with th pages in the draft copy we
have been working with. All changes shown have been incorporated into the draft Ordinance,
which has been scanned into your computer. A few points need to be addressed:
r
1. Commissioner Jerke requested review of Item #4 on page 4 and Item #5 on page 14
both be readdressed at the end of work sessions because the vote was 3 - 2.
2. Monica Mika is providing additional language for Sec. 22-2-130 on page 51, w3hich has
not yet been approved.
3. The Appendices should be reviewed.
4. Renumbering has been completed to accommodate Colorado Code Publishing. They
may make additional changes; however, it will essentially be as shown in the Ordinance.
A. Renumbering was accomplished with no subheadings (mainly found in Goals &
Policies).
B. Goals always begin with letter designation - -A, B, C, D, etc.
C. Policies follow as a subsection of the goal with numerical designations - - 1, 2, 3,
etc.
D. All goals and policies were left in the same order as they were in the draft.
5. While renumbering, staff noticed Air Policies and Procedures, on page 107, were
named A.Goal 1, etc. This is the same name given to Agricultural goals and policies.
Therefore, a new designation, such as AIR.Goal, needs to be assigned.
6. Lastly, global search and replace was done on the following words or phrases:
Safety - - Health, safety, and welfare
Heritage - - Tradition
Cultural and social or cultural/social - - Social
Inoperable - - Derelict
Zoned agricultural district - - A (Agricultural) Zone District
Urban level - - Urban scale
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.
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.
Uses of the following words were "redlined" - for BOCC determination of when it is appropriate
to change them:
Municipalities - - Urban growth boundary area
Available or obtainable - - Currently available or reasonably obtainable
r
El. EXHIBIT
CAROL Harding -_comprehensive plan revisions Page 1
C0 } ITS
From: Myrna Folsom <myrna_f_2000@yahoo.com>
To: Carol Harding <charding@co.weld.co.us> ' ? „(Tin Date: 9/1/02 5:22AM ` 4 b Fr] 9, 27
Subject: comprehensive plan revisions
CrTh
Lit
September 1, 2002
To: Weld Board of County Commissioners
Subject: proposed comprehensive plan amendments
Dear Commissioners:
Any substantial revisions that are made to the Comprehensive Plan will have such irrevocable
impacts on the future and nature of Weld County, that I feel it is important to restate and reemphasize
some of the issues that the Board might consider:
With regard to what resources the Board should give primary consideration in makings its decisions:
Section 22-1-50A which refers to the required minimum 10 year review and update does not describe a
specific amendment procedure. In fact this section makes no mention of a Board appointed review
committee. This is not to infer that the Board may not, at its discretion, create such a committee.
However, relying on section 22-1-506 [proposed biannual amendments by individuals] which does
provide for a specific amendment procedure, the Department of Planning Services is required to prepare
a recommendation for consideration by the Planning Commission which the Planning Commission shall
review and determine its consistency with the goals of the Code. According to Section 22-1-50B-8, OThe
Board of County Commissioners shall receive the Planning Commission recommendation and planning
staff recommendation at a public meetingO. Obviously, the intent is that the recommendations of the
Planning Commission and the Dept. of Planning Services staff are to provide the prime resource from
which the Board would make its decision on any proposed amendments. The merits of such reliance is
that Planning Services staff members are professionals, learned in the concepts of land planning that
would be most beneficial to ALL of the citizens of the County. They are knowledgeable of accepted,
appropriate land use planning principles such as those supported by the American Planning Association
and learned academics and professionals in this field. The Planning Commission, in its deliberations,
gave much weight to detailed staff recommendations in developing its proposal to the Board. The
Planning Commission members, through their consideration of diverse land use cases and their
ramifications on the public were competent for evaluating those staff recommendations. The Board might
consider this in evaluating the proposals from various sources being presented to it.
It is true that the task force members represented diverse geographic areas and interests.
However, developers are not alone in having an interest in advocating amendments that would promote
land development throughout the County. For instance, some of these would be land-owners u
particularly those with land promising for development, attorneys, development consultants and
engineers, real estate sales agents and brokers, bankers and other financial institution representatives,
title company representatives, builders, and those associated with building material supply and those
having connections with various utilities. The Board might want to verify committee member association
with any of these and like groups in determining any biases they might have.
It is not possible in this communication to set forth all the instances of Committee
recommendations that would foster urbanization of the County. However, the basic viewpoint of the
EXHIBIT
CAROL Harding - comprehensive plan revisions Page 2
Committee might be judged from its philosophy relating to land use rights. The ('guiding principles('
stated by the Committee included: Olt is the goal of the Comprehensive Plan to express the needs and
vision of a developing county, while protecting individual property rightsO. It further states that: ()Land
use regulations which address land use changes should be written so as to accommodate the highest
and best use as determined by the property ownerO. However, these guiding goals of the Committee do
not take into account that the highest priority of government should be to protect the interests and health,
safety and welfare of ALL of its citizens in determining land use. Ultimately, rights in property are
determined by those given to property owners by ALL of the citizenry. In this country, this is regulated by
constitutions and by laws and regulations enacted by the citizens/E elected representatives. Therefore,
the ()highest and best use() is not that to be determined by or solely for the benefit of individual property
owners, but for the protection of the interests of ALL of the citizens. It would seem that this might be kept
in mind when evaluating the nature and impacts of the CommitteeLEs recommendations.
Growth is inevitable and is important in Weld County. However, as stated by statute in the Municipal
Annexation Act and other statutory references that it is best directed to take place in municipalities, the
purpose and organization of which is for the regulation of urban development. Municipalities are best
able to provide the services and the special needs and interests of those in urbanized areas. The goals
of the Comprehensive Plan might be better directed toward directing urban type growth to municipalities
rather than promoting urban sprawl in unincorporated lands of the County.
John Folsom
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CC: Bruce Barker<bbarker@co.weld.co.us>
CAROL Harding - Karla Grieser Letter dtd 8/29/02 regarding Comp Plan Page 11
n From: Robert R. Anderson
To: Gesick, ESTHER; Harding, CAROL
Date: 9/12/02 3:04PM
Subject: Karla Grieser Letter dtd 8/29/02 regarding Comp Plan
Carol, Per Commissioner Geile's recommendation at the 2nd Reading, the DPS has reviewed Karla's
letter and offers the following recommendations to the Clerk to the Board and County Attorneys Office
for their review, consideration or action.
CC: Barker, BRUCE; Mika, MONICA; Morrison, LEE
es-
EXHIBIT
Page 1!:CAROL Harding - KarlaBCCMemo.wpd
ri
(71,cfri :
"ilk
COLORADO MEMORANDUM
TO: Board of County Commissioners
FROM: Department of Planning Services Staff
SUBJ: Comprehensive Plan Grieser letter dated August 29, 2002
DATE: September 5, 2002
The Department of Planning Services has reviewed and considered the changes addressed in
Karla Grieser letter of August 29th 2002 and recommends:
rl
1. Adopt Policy 7.3 (pg 68) as R.1 Goal (pg 65), Retain A.2. R Policy 1.1 (pg 65) as
written, Renumber 4. R. Policy 7.3. (Pg 68) and add as 4. R. Policy 1.3 (pg 65)
Delete G. R.7 Goal and Policies in its entirety , re-letter existing R.8.Goal(pg 68)to G.
2. "promote" 1. to raise to a higher rank or position, 2. to further the growth,
establishment, sale, etc. of, 3. to work actively and stir up interest for, 4. to move
forward a grade in school.
"consider" 1. to think about in order to understand or decide, 2. to have or keep in
mind,
3. to have regard for(others), 4. to believe or think to be
(Webster's New World Dictionary Compact Desk Edition)
The DPS has consistently applied and used "promote" in terms of its second and third
usage (above) and recommends the retention of the word promote given the fact that
private property owners may not necessary plan or have advance knowledge of
Regional Planning efforts.
3. Significant and Critical are terms generally used by Referral agencies such as the
Colorado Division of Wildlife (and their interpretation of State and Federal
requirements- such as endangered species). Critical implies "of or forming a crisis;
—i crucial"while Significant refers generally to "important or momentous". The DPS is not
CAROL Harding KarlaBCCMemo.wpd m�rT_ T.—r Page 2
qualified to and relies on Referral Agencies in making a determination that (crucial or
significant) habitat loss should be mitigated. In speaking with Referral agencies Critical
was preferred over Significant.
•
1. The DPS maintains that the additional language "and the options available to the
applicants" is subjective and cannot be consistently provided. The options available to
an applicant are multi dimensional and affected by a planners experience, expertise,
•
training, education, interpretation, material presented, style and creativity, to name just
a few. Given the critical issue of maintaining objectivity and neutrality, the DPS
recommends retention of #5. as delineated on page 4 and deletion of the additional
language on page 14.
2. This section appears to address the impact (economic and otherwise) on proposed
development if located within designated Overlay Districts. A Flood or Geological
Hazard Permit, or Avigation easement are generally more than considerations they are
generally requirements. The DPS recommends striking the entire first sentence.
3. "Encroach" - to trespass or intrude (Webster's New World Dictionary Compact Desk
Edition) or "Encroach (ment)" - Any obstruction or illegal or unauthorized intrusion in a
delineated floodway, right-of-way, or on adjacent land. (The New Illustrated Book of
Development Definitions) A chronologically dependent reference to the agricultural
heritage of the County and the idea of respecting who was in a specific area first. This
concept addresses issues of compatibility when a use (obstruction) intrudes or locates
in proximity (on adjacent land) to an existing use. DPS consistently uses encroach or
encroachment in terms of obstruction rather than trespass. DPS defers to County
Legal Staff
Pg 44. A Goal 7. Pending Legal Staff comment DPS maintains removing
encroachment does alter the intent of both statements.
4. Insertion of the word urban limits the use of residential development. DPS
recommends for consistency with R. Policy 2.2, 3. Do not insert the word urban.
5. DPS does not recollect the addition of this language and recommends against its
addition. Flexibility when combined with technical and regulatory requirements.
Flexible Rules'?
6. DPS concurs
1. DPS concurs
2. DPS concurs
CAROL Harding - KarIaBCCMemo.wpd Page 3
ffi—v
3. DPS concurs
4. DPS concurs
5. DPS concurs
•
6. DPS concurs
7. DPS concurs.
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